O.C.G.A.

O.C.G.A. § 21-4-14 (2019)

Limitations on subsequent recall petitions following recall election

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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 recall election shall be void. (b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition against that officer which is available for signature or pending verification at the time of such finding of insufficiency.

History

Code 1981, § 21-4-14, enacted by Ga. L. 1989, p. 1721, § 1.

Annotations

JUDICIAL DECISIONS Determination of the legal insufficiency of the original application for a recall petition was not a bar to filing a second application within six months of the first application. Collins v. Morris, 263 Ga. 734, 438 S.E.2d 896, 1994 Ga. LEXIS 52 (1994).

A judicial determination that a recall petition was issued in violation of the Recall Act, O.C.G.A. § 21-4-1 et seq., is not a bar to a subsequent petition. George v. Baker, 265 Ga. 858, 463 S.E.2d 124, 1995 Ga. LEXIS 896 (1995).

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 and under former Code 1933, § 89-1914 are included in the annotations for this Code section. Initiation of second recall effort. - Former Code 1933, §§ 89-1905 and 89-

1914 (see now O.C.G.A. §§ 21-4-5 and 21-4-14) represent only constraints upon initiation of second recall effort notwithstanding previous but unsuccessful recall efforts made against the same public officer. 1981 Op. Att’y Gen. No. U81-11 (decided under former Code 1933, § 891914).

Notes of Decisions

Cited in 2 cases, 1994–1995 · leading case: Collins v. Morris, 438 S.E.2d 896 (Ga. 1994).

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Collins v. Morris, 438 S.E.2d 896 (Ga. 1994). · cites it 12× “OCGA § 21-4-14 (a) provides limitations as to the filing of additional petitions for recall after a recall election has been held.”

George v. Baker, 463 S.E.2d 124 (Ga. 1995). · cites it 6× “The council members contend that this recall effort should be enjoined because OCGA § 21-4-14 (b) prevents the issuance of any further application for recall against the same officer until at least six months have elapsed from the date of the finding of insufficiency of the…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.