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2018 Georgia Code 21-4-1 | Car Wreck Lawyer

TITLE 21 ELECTIONS

Section 4. Recall of Public Officers, 21-4-1 through 21-4-21.

ARTICLE 15 MISCELLANEOUS OFFENSES

21-4-1. Short title.

This chapter shall be known and may be cited as the "Recall Act of 1989."

(Code 1981, §21-4-1, enacted by Ga. L. 1989, p. 1721, § 1.)

Cross references.

- Vacation of office, Ch. 5, T. 45.

JUDICIAL DECISIONS

Construction with other law.

- A city commissioner's removal from office, based on acts committed prior to taking office, was erroneous because: (1) removal was not authorized by the city's charter; (2) the commissioner's conduct of maintaining innocence until the entry of a guilty plea after taking office was not an official act or one done under the color of the office; and (3) the acts committed did not prevent the commissioner from performing the duties of that post. Moreover, while the acts committed did not subject the commissioner to removal pursuant to the terms of the city charter, the acts would have been more appropriately the subject of a recall petition pursuant to O.C.G.A. § 21-4-1 et seq. Ciccio v. City of Hephzibah, 289 Ga. App. 134, 656 S.E.2d 245 (2008), cert. denied, 2008 Ga. LEXIS 474 (Ga. 2008).

Cited in Hunter v. George, 265 Ga. 573, 458 S.E.2d 830 (1995).

RESEARCH REFERENCES

ALR.

- Validity, under state constitutions, of private shopping center's prohibition or regulation of political, social, or religious expression or activity, 52 A.L.R.5th 195.

Sufficiency of particular charges as affecting enforceability of recall petition, 114 A.L.R.5th 1.

Sufficiency of technical and procedural aspects of recall petitions, 116 A.L.R.5th 1.

Constitutionality of state and local recall provisions, 13 A.L.R.6th 661.

Cases Citing Georgia Code 21-4-1 From Courtlistener.com

Total Results: 12

DeLong v. Welch

Court: Supreme Court of Georgia | Date Filed: 2000-09-11

Citation: 533 S.E.2d 724, 272 Ga. 730, 2000 Fulton County D. Rep. 3537, 2000 Ga. LEXIS 632

Snippet: Although not defined in the Recall Act of 1989, OCGA § 21-4-1 et seq., the meaning of the term "probable cause"

Phillips v. Hawthorne

Court: Supreme Court of Georgia | Date Filed: 1998-01-26

Citation: 269 Ga. 9, 494 S.E.2d 656, 98 Fulton County D. Rep. 325, 1998 Ga. LEXIS 48

Snippet: supra. The rationale for the Recall Act, OCGA § 21-4-1 et seq., is “the insurance of governmental accountability

Davis v. Shavers

Court: Supreme Court of Georgia | Date Filed: 1998-01-26

Citation: 495 S.E.2d 23, 269 Ga. 75, 98 Fulton County D. Rep. 329, 1998 Ga. LEXIS 27

Snippet: absolute immunity under OCGA § 51-5-8. See OCGA §§ 21-4-1 to 21-4-21. OCGA § 21-4-5. OCGA § 21-4-5

George v. Baker

Court: Supreme Court of Georgia | Date Filed: 1995-11-13

Citation: 265 Ga. 858, 463 S.E.2d 124

Snippet: affirmed. All the Justices concur. OCGA § 21-4-1 et seq. See Hunter v. George, 265 Ga. 573 (458

Hunter v. George

Court: Supreme Court of Georgia | Date Filed: 1995-07-14

Citation: 458 S.E.2d 830, 265 Ga. 573

Snippet: with certain provisions of the Recall Act, OCGA §§ 21-4-1 et seq., Councilmen sought an interlocutory and

Collins v. Morris

Court: Supreme Court of Georgia | Date Filed: 1994-01-24

Citation: 438 S.E.2d 896, 263 Ga. 734, 94 Fulton County D. Rep. 319, 1994 Ga. LEXIS 52

Snippet: the constitutionality of the Recall Act, OCGA § 21-4-1 et seq. The superior court upheld the constitutionality

Brooks v. Branch

Court: Supreme Court of Georgia | Date Filed: 1993-01-08

Citation: 424 S.E.2d 277, 262 Ga. 658, 93 Fulton County D. Rep. 159, 1993 Ga. LEXIS 69

Snippet: Recall Act of 1989, as amended in 1991 (OCGA § 21-4-1 et seq.) (the "Recall Act"). Each of the applications

Hamlett v. Hubbard

Court: Supreme Court of Georgia | Date Filed: 1992-05-28

Citation: 416 S.E.2d 732, 262 Ga. 279, 92 Fulton County D. Rep. 758, 1992 Ga. LEXIS 429

Snippet: under the Recall Act of 1989 as amended (OCGA § 21-4-1 et seq.) was filed against a county school board

Steele v. Honea

Court: Supreme Court of Georgia | Date Filed: 1991-11-01

Citation: 409 S.E.2d 652, 261 Ga. 644, 19 Media L. Rep. (BNA) 1605, 1991 Ga. LEXIS 871

Snippet: Petitions under the Recall Act of 1989 (OCGA § 21-4-1 et seq.) were filed against two county commissioners

Citizens for Ethical Government, Inc. v. Gwinnett Place Associates, L.P.

Court: Supreme Court of Georgia | Date Filed: 1990-06-08

Citation: 392 S.E.2d 8, 260 Ga. 245

Snippet: Par. IX; Art. II, Sec. II, Par. IV; and OCGA § 21-4-1 et seq. Due to the statutory time limits imposed

Mitchell v. Wilkerson

Court: Supreme Court of Georgia | Date Filed: 1988-10-06

Citation: 372 S.E.2d 432, 258 Ga. 608, 1988 Ga. LEXIS 411

Snippet: Assembly enacted a recall statute in 1979. OCGA § 21-4-1 et seq. The statute does not specify grounds for

Parker v. McCants

Court: Supreme Court of Georgia | Date Filed: 1988-06-30

Citation: 369 S.E.2d 481, 258 Ga. 364, 1988 Ga. LEXIS 281

Snippet: interests inherent in the recall procedure. OCGA § 21-4-1 et seq. The rationale for the statute is the insurance