O.C.G.A. § 20-2-53 (2019)
Certifying election or appointment of county board members
In addition to certifications of elections now required to be made to the Governor, it shall be the duty of the elections superintendent of each system or other political subdivision to transmit to the Secretary of State and to the State School Superintendent a certified statement of the election of members of a local board of education. Where board members are appointed under any law to fill vacancies, it shall be the duty of the local superintendent of schools to certify these appointments to the Secretary of State, the State School Superintendent, and to the Governor. All resignations from such boards, in addition to being submitted to the Governor, shall be submitted to the local superintendent of schools and a copy thereof shall be transmitted to the Secretary of State and to the State School Superintendent.
History
Ga. L. 1919, p. 288, § 80; Code 1933,
§ 32-905; Ga. L. 1982, p. 1175, § 1; Ga. L. 1983, p. 3, § 16; Ga. L. 1993, p. 1279, § 3.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions rendered prior to the 1993 amendment of this Code section are included in the annotations for this Code section. Section is not unconstitutional on its face. Turner v. Fouche, 396 U.S. 346, 90 S. Ct. 532, 24 L. Ed. 2d 567, 1970 U.S. LEXIS 3149 (1970) (decided under prior law). Issuance of commission. - Issuance
of commission to one elected or appointed to county board is a ministerial act, and is not conclusive of the right of the person so commissioned to hold the office to which the person has been elected or appointed, and the writ of injunction will not lie to prevent the issuance of a commission to such a person by the proper officials. Hobbs v. Peavy, 210 Ga. 671, 82 S.E.2d 224, 1954 Ga. LEXIS 406 (1954) (decided under prior law).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions rendered prior to the 1993 amendment of this Code section are included in the annotations for this Code section. Members-elect of board shall not enter upon duties until qualified, commissioned, and administered appropriate oaths. - An incumbent board member who has been reelected or reappointed may continue to serve as an official member of the board prior to receiving the commission and being administered the appropriate oaths for the new term. 1975 Op. Att’y Gen. No. 75-15 (decided under prior law).
When certified statement regarding selection insufficient, inquiry made of clerk for additional information. - When the certified statement of facts regarding the election or appointment of a member of a county board of education forwarded by the clerk of the superior court to the State School Superintendent is insufficient to enable the Secretary of State to properly prepare a commission for the Governor’s signature, appropriate inquiry should be made of the clerk and additional information submitted by the clerk through established channels. 1954-56 Ga. Op. Att’y Gen. 178 (decided under prior law).
RESEARCH REFERENCES Am. Jur. 2d. 68 Am. Jur. 2d, Schools, § 71. C.J.S. 78 C.J.S., Schools and School Districts, §§ 94, 95, 124 et seq., 135 et seq.