O.C.G.A. § 21-2-604 (2019)

Annotations

Editor’s notes. Former Code Section 21-3-16 (Ga. L. 1974, p. 522, § 2 and Ga. L. 1976, p. 205, § 4), relating to false statements in connection with filing notice of candidacy, was repealed by Ga. L. 1984, p. 661, § 1. Former Code Section 21-3-17 (Ga. L. 1968, p. 885, § 1), relating to penalty for violation of chapter, was repealed by Ga. L. 1984, p. 661, § 2. Former Code Section 21-3-133.1 (Ga. L. 1984, p. 1490, § 6), relating to exchange of municipality and county elector lists, was repealed by Ga. L. 1985, p. 496, § 17. Former Code Section 21-3-264 (Code 1981, enacted by Ga. L. 1988, p. 964, § 5), relating to use of optical scan voting systems, was repealed by Ga. L. 1998, p. 1231, § 21. Former Code Section 21-3-325 (Code 1933 § 34A-1213.1, enacted by Ga. L. 1969, p. 355, § 21, Ga. L. 1974, p. 82, § 21), relating to methods of casting ballots in elections utilizing paper ballots or vote recorders, was repealed by Ga. L. 1994, p. 279, § 15. Former Code Section 21-3-476 (Ga. L. 1984, p. 661, § 3), relating to selling or buying alcoholic beverages on primary or election days, was repealed by Ga. L. 1985, p. 1508, § 2. Former Code Section 21-3-480 (Code 1981, enacted by Ga. L. 1990, p. 143, § 14), relating to use of list of electors for commercial purposes prohibited, was repealed by Ga. L. 1994, p. 1443, § 14. This chapter consisted of Code Sections 21-3-1 through 21-3-7, 21-3-7.1, 21-3-8 through 21-3-17 (Article 1), 21-3-30 through 21-3-39 (Article 2), 21-3-50 through 21-3-53 (Article 3, Part 1), 213-60 through 21-3-64 (Article 3, Part 2), 21-3-70 through 21-3-72 (Article 4), 213-90 through 21-3-105 (Article 5), 21-3120 through 21-3-130, 21-3-130.1, 21-3131 through 21-3-133, 21-3-133.1, 21-3-

134 through 21-3-143 (Article 6), 21-3160, 21-3-161, 21-3-161.1, 21-3-162 through 21-3-166 (Article 7), 21-3-180 through 21-3-194 (Article 8), 21-3-210 (Article 9, Part 1), 21-3-220 through 21-3-234 (Article 9, Part 2), 21-3-250 through 21-3264 (Article 9, Part 3), 21-3-265 through 21-3-279 (Article 9, Part 4), 21-3-279.1 through 21-3-279.4 (Article 9, Part 5), 21-3-280 through 21-3-291 (Article 10), 21-3-310 through 21-3-318, 21-3-318.1, 21-3-319 through 21-3-328 (Article 11, Part 1), 21-3-340 through 21-3-348 (Ar-

ticle 11, Part 2), 21-3-360 through 21-3367 (Article 11, Part 3), 21-3-380 through 21-3-383 (Article 11, Part 4), 21-3-385, 21-3-385.1 through 21-3-385.6 (Article 11, Part 5), 21-3-400 through 21-3-408, 21-3408.1, 21-3-409, 21-3-410 (Article 12), 213-420 through 21-3-422, 21-3-422.1, 21-3423 through 21-3-430 (Article 13), 21-3440 through 21-3-480 (Article 14), relating to municipal elections and primaries. Ga. L. 1998, p. 295, § 2 repealed and reserved this chapter, effective January 1, 1999.

CHAPTER 4 RECALL OF PUBLIC OFFICERS Sec.

Short title. 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 grounds for recall petition. Form of recall petition. Circulation of recall petition; electors eligible to sign; procedures for collection and verification of signatures. Withdrawal of signatures from recall application or petition. Persons who may not circulate recall application or petition; effect of signatures obtained by unqualified persons. Determination of legal sufficiency of recall petition; time period for filing; amendments; notification of legal sufficiency. No recall election when officeholder resigns prior to the holding of a recall election.

Cross references. Recall of public officials holding elective office, Ga. Const. 1983, Art. II, Sec. II, Para. IV. Special elections and primaries generally, § 21-2-540 et seq. Editor’s notes. Former Chapter 4 of Title 21, known as the “Public Officer’s Recall Act” was de-

Sec.

Procedures for recall election; number of votes required to effectuate recall; special election to fill vacancy created. 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 election superintendent to comply with chapter; jurisdiction and venue of actions against election superintendent. Determination of eligibility to sign application for recall petition or petition for recall. 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; signing by ineligible person. Construction of chapter.

clared unconstitutional in the case of Mitchell v. Wilkerson, 258 Ga. 608, 372 S.E.2d 432 (1988). That chapter consisted of Code Sections 21-4-1 through 21-4-19 and was derived from Ga. L. 1979, p. 1612; Ga. L. 1980, p. 1436; Ga. L. 1982, p. 1512; Ga. L. 1982, p. 1653; Ga. L. 1983, p. 140; Ga. L. 1983, p. 884; Ga. L. 1984, p. 133; Ga. L. 1987, p. 34; and Ga. L. 1987, p. 896.

Ga. L. 1989, p. 1721, § 2, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to every public official who holds elective office on or after the effective date of this Act. The provisions of this Act shall apply with respect to an incumbent public official where the act or omission constituting grounds for recall, as specified in subparagraph (B) of paragraph (7) of Code Section 21-4-3, occurred in a previous

term of office but was withheld from public knowledge or public disclosure until subsequent to the general election at which the incumbent was last elected, provided that an application for a recall petition is filed within 12 months after such general election.” This Act became effective April 19, 1989. Law reviews. For note on 1989 enactment of this chapter, see 6 Ga. St. U. L. Rev. 236 (1989).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, cases decided prior to the 1989 revision of this chapter are included in the annotations for this chapter. Constitutionality. - The absence of a specification of grounds for a recall in O.C.G.A. T. 21, Ch. 4 caused the statute to fall short of that which was required of the General Assembly by Ga. Const. 1983, Art. II, Sec. II, Para. IV and resulted in a fatal constitutional infirmity. Mitchell v. Wilkerson, 258 Ga. 608, 372 S.E.2d 432, 1988 Ga. LEXIS 411 (1988). Harmless irregularities or technical violations. - The following alleged irregularities or technical violations did not endanger the interest intended to be protected by O.C.G.A. T. 21, Ch. 4: (1) in some instances the circulators signed as

electors petitions which they were circulating; (2) two circulators signed the affidavit on petitions when neither of the circulators saw all of the electors sign; and (3) a notary public notarized the circulator’s affidavit on a petition which the notary public has signed as an elector. Parker v. McCants, 258 Ga. 364, 369 S.E.2d 481, 1988 Ga. LEXIS 281 (1988). Solicitation of signatures in private shopping malls. - Nothing in the Georgia Constitution or the Recall Act of 1989, O.C.G.A. § 21-4-1 et seq., either separately or together, establishes a right of private citizens to enter onto privately owned shopping malls to solicit signatures for a recall petition. Citizens for Ethical Gov’t, Inc. v. Gwinnett Place Assoc., 260 Ga. 245, 392 S.E.2d 8, 1990 Ga. LEXIS 231 (1990).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions decided prior to the 1989 revision of this chapter are included in the annotations for this chapter. Specific reason for recall effort. - The Public Officers Recall Act, O.C.G.A. § 21-4-1 et seq., contains no requirement that the recall effort be based upon any specific reason with respect to the public officer who is the subject of the effort. 1981 Op. Att’y Gen. No. U81-11. Initiation of second recall effort. - Former Code 1933, §§ 89-1905 and 891914 (see now O.C.G.A. §§ 21-4-5 and 21-4-14) represent the only constraints

upon initiation of a second recall effort notwithstanding previous but unsuccessful recall efforts made against the same public officer. 1981 Op. Att’y Gen. No. U81-11. Appeal of conviction not bar to recall election. - The recall election procedures of the former Public Officers Recall Act, O.C.G.A. § 21-4-1 et seq., could be invoked by electors with respect to a public official notwithstanding the pendency of that official’s appeal of a felony conviction. 1983 Op. Att’y Gen. No. 83-16. Supersession of local provisions. - The special election provisions of the former Public Officers Recall Act, O.C.G.A.

§ 21-4-1 et seq., superseded any provisions of any local Act providing for the filling of vacancies on a county board of

commissioners. 1983 Op. Att’y Gen. No. 83-16.

RESEARCH REFERENCES ALR. Construction and application of constitutional or statutory requirement as to

short title, ballot title, or explanation of nature of proposal in initiative referendum, or recall petition, 106 A.L.R. 555.