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Georgia Statutes, Title 21

Georgia/Statutes

← All Georgia coverage

Title 21

4 chapters · 430 sections in this title.

All chapters in Title 21430 Ch 2, ELECTIONS AND PRIMARIES GENERALLY365 Ch 5, GOVERNMENT TRANSPARENCY AND CAMPAIGN…42 Ch 4, RECALL OF PUBLIC OFFICERS21 Ch 1, CONGRESSIONAL DISTRICTS2

21 sections·Filtered byTitle 21✕Ch 4✕

O.C.G.A. § 21-4-1 Short title
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This chapter shall be known and may be cited as the “Recall Act of 1989.” History. Code 1981, § 21-4-1, enacted by Ga. L. 1989, p. 1721, § 1.
O.C.G.A. § 21-4-10 Short title
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Legislative intent. Deﬁnitions. Officers subject to recall; number of electors needed to demand recall; limitation on number of officers subject to a recall. Sponsor applications for recall petition; procedures; duties of election superintendents and Secretary of State. Review of…
O.C.G.A. § 21-4-11 Determination of legal sufficiency of recall petition; time period for ﬁling; amendments; notiﬁcation of legal sufficiency
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(a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been ﬁled with him or her; provided, however, that in cases where more than one recall petition is subject to review for veriﬁcation, the …
O.C.G.A. § 21-4-12 No recall election when officeholder resigns prior to the holding of a recall election
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If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted. History. Code 1981, § 21-4-12, enacted by Ga. L. 1989, p. 1721, § 1.

O.C.G.A. § 21-4-13 Procedures for recall election; number of votes required to effectuate recall; special election to ﬁll vacancy created

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(a) Within ten days after having received certiﬁcation of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days a…

O.C.G.A. § 21-4-14 Limitations on subsequent recall petitions following recall election

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(a) After a recall petition and election, no further recall petition shall be ﬁled against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the rec…

O.C.G.A. § 21-4-15 Manner of conducting recall elections

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The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in acco…

O.C.G.A. § 21-4-16 Campaign and ﬁnancial disclosure requirements, restrictions, and qualiﬁcations

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Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the “Ethics in Government Act,” in the same manner as candidates; and the petition chairperson shall ﬁle the reports required to be ﬁled under said chapter and shal…

O.C.G.A. § 21-4-17 Promulgation of rules and regulations by Secretary of State

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The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter. History. Code 1981, § 21-4-17, enacted by Ga. L. 1989, p. 1721, § 1.

O.C.G.A. § 21-4-18 Procedures for recall election; number of votes required to effectuate recall; special election to ﬁll vacancy created

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Limitations on subsequent recall petitions following recall election. Manner of conducting recall elections. Campaign and ﬁnancial disclosure requirements, restrictions, and qualiﬁcations. Promulgation of rules and regulations by Secretary of State. Application to court to compel…

O.C.G.A. § 21-4-19 Determination of eligibility to sign application for recall petition or petition for recall

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An elector’s eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector. History. Code 1981, § 21-4-19, enacted by Ga. L. 1989, p. 1721, …

O.C.G.A. § 21-4-2 Legislative intent

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The General Assembly ﬁnds that the electorate of the state overwhelmingly ratiﬁed an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall publi…

O.C.G.A. § 21-4-20 Giving or receiving money or other thing of value to sign petition or affidavit; compelling person to sign petition or to remove name; signing another’s name to petition; signing more than one; signin

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(a) Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor. (b) A person who, by menace or threat either directly or indirectly, induces o…

O.C.G.A. § 21-4-21 Construction of chapter

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This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws. History. Code 1981, § 21-4-21, enacted by Ga. L. 1989, p. 1721, § 1. CHAPTER …

O.C.G.A. § 21-4-3 Deﬁnitions

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As used in this chapter, the term: (1) “Elected county school board members” and “elected county school superintendents” shall be considered county officers. (2) “Elected education board members” and “elected school superintendents” of any independent school system shall be consi…

O.C.G.A. § 21-4-4 Officers subject to recall; number of electors needed to demand recall; limitation on number of officers subject to a recall

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(a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualiﬁed to vote in the recall election and who reside in the electoral district from which candidates are elected to tha…

O.C.G.A. § 21-4-5 Sponsor applications for recall petition; procedures; duties of election superintendents and Secretary of State

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(a) No application for a recall petition may be ﬁled during the ﬁrst 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector…

O.C.G.A. § 21-4-6 Review of grounds for recall petition

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(a) Within four days after the date of submission of the application for a recall petition for veriﬁcation, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may ﬁle a petition in the superior court of the county in which such officer is domicile…

O.C.G.A. § 21-4-7 Form of recall petition

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(a) The form of the recall petition shall be substantially as follows: RECALL PETITION (Official application no.) (County or city) To (Name of election superintendent) (Address) (City, state, ZIP Code) We, the electors registered to vote in the recall election herein petitioned, …

O.C.G.A. § 21-4-8 Circulation of recall petition; electors eligible to sign; procedures for collection and veriﬁcation of signatures

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(a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more th…

O.C.G.A. § 21-4-9 Withdrawal of signatures from recall application or petition

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(a) At any time prior to the date an application for recall petition or a recall petition is ﬁled for veriﬁcation, an elector who has signed the application or the recall petition form may request withdrawal of his or her signature from the application or recall petition by execu…