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2018 Georgia Code 21-4-18 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-4-18 Case Law from Google Scholar Amendments to OCGA 21-4-18

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-4-18. Application to court to compel election superintendent to comply with chapter; jurisdiction and venue of actions against election superintendent.

  1. If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the election superintendent has not complied with this chapter, the court shall issue an order for the election superintendent to comply.
  2. An action against an election superintendent shall be filed in the superior court of the county of such election superintendent, except that an action against the Secretary of State shall be filed in the Superior Court of Fulton County.

(Code 1981, §21-4-18, enacted by Ga. L. 1989, p. 1721, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, cases decided prior to the 1989 revision of this chapter including former § 21-4-17 are included in the annotations for this Code section.

Mandamus action to compel probate judge to verify signatures.

- Where plaintiffs filed a mandamus action to force a probate judge to properly verify the signatures on a recall petition and notwithstanding a reference to O.C.G.A. § 21-2-521, a section on contesting results of primaries or elections, and the inclusion of prayers for equitable relief, the complaint stated a claim under former O.C.G.A. § 21-4-17 (see O.C.G.A. § 21-4-18), and its dismissal was error. Howell v. Tidwell, 256 Ga. 647, 352 S.E.2d 372 (1987) (decided under former § 21-4-17).

Mandamus not appropriate remedy.

- Suit for equitable relief, not an action for mandamus, was proper remedy for elected officials contending that election superintendent's actual past performance of duties was in noncompliance with the Recall Act, O.C.G.A. § 21-4-1, and would lead to scheduling an unauthorized recall election. Hunter v. George, 265 Ga. 573, 458 S.E.2d 830 (1995).

Cited in Segars v. Bramlett, 245 Ga. 386, 265 S.E.2d 279 (1980).

Cases Citing Georgia Code 21-4-18 From Courtlistener.com

Total Results: 1

Hunter v. George

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

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

Snippet: an action for mandamus as authorized by OCGA § 21-4-18(a). That statute provides: If the election superintendent