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2018 Georgia Code 21-4-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-4-7 Case Law from Google Scholar Amendments to OCGA 21-4-7

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-4-7. Recall petition - Form.

(a) The form of the recall petition shall be substantially as follows: RECALL PETITION __________________________ (Official application no.) __________________________ (County or city) To ____________________________________ (Name of election superintendent) ____________________________________ (Address) ____________________________________ (City, state, ZIP Code)

We, the electors registered to vote in the recall election herein petitioned, demand the recall of ____________ (Name and office) on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interest of the public and that said official ____________ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 and a brief statement, not to exceed five lines, of the fact or facts upon which such ground or grounds are based.).

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The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements:

"(1) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor;

If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office."

Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled, a statement that the named official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public, a statement containing the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3, and a brief statement of the fact or facts upon which such ground or grounds are based. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements.

(Code 1981, §21-4-7, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1992, p. 56, § 1.)

Cases Citing O.C.G.A. § 21-4-7

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Collins v. Morris, 438 S.E.2d 896 (Ga. 1994).

Cited 23 times | Published | Supreme Court of Georgia | Jan 24, 1994 | 263 Ga. 734, 94 Fulton County D. Rep. 319

...the election superintendent and the recall petition circulated among the electorate contain "a brief statement of the fact or facts upon which the ground or grounds [of recall] are based," written by the recall proponents. OCGA §§ 21-4-5 (b) (D); 21-4-7 (c). The grounds for recall are statutorily required to be repeatedly put before the electorate: the "brief statement" of the facts upon which the recall is based must be read by or to each singer of the recall petition. OCGA § 21-4-7 (c)....
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Howell v. Tidwell, 368 S.E.2d 311 (Ga. 1988).

Cited 11 times | Published | Supreme Court of Georgia | May 26, 1988 | 258 Ga. 246

...MARSHALL, Chief Justice. When the appellants submitted their petition for the recall of Bartow County Commissioner Frank Moore to Probate Judge Norma Tidwell, appellee, for verification of the signatures, she disqualified enough of them, under OCGA §§ 21-4-7 through 10, so that the total number of verified signatures fell below the number necessary to require a recall election....
...rculator of the petition to sign and print his name and complete the information required on the petition sheet to accompany the signature; provided, however, that the circulator shall also sign his name beside the printed name of such elector. OCGA § 21-4-7 (c)....
...In no instance did a circulator sign his or her name beside the printed name of any such elector on any disallowed petition page. The appellee *247 probate judge disallowed each of these petition pages because of the multiple signatures of common authorship and the resultant false affidavit (OCGA § 21-4-7 (d))....
...The affidavit printed on the reverse side of each recall petition form, which the circulator must execute, states, inter alia: "I do depose and say . . . that each petitioner signed or caused to be signed the foregoing petition in my presence . . .." OCGA § 21-4-7 (e)....
...The statutory requirements are plainly printed on each petition page directly below the affidavit of the circulator. If an elector signed his/her spouse's name on a petition, the circulator would know that the spouse had not signed in the circulator's presence, as required by § 21-4-7 (b), so the affidavit would be a knowing and deliberate falsehood....
...If this court allowed these pages to be counted despite affidavits known to be false, that confidence in that process will be shattered. 2. The record also shows that some of the affidavits of the recall petition pages were notarized (required by OCGA § 21-4-7 (e)) by the appellants, who are notaries public....
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Howell v. Tidwell, 256 Ga. 647 (Ga. 1987).

Cited 3 times | Published | Supreme Court of Georgia | Jan 28, 1987 | 352 S.E.2d 372

...Plaintiffs, citizens of Bartow County, participated in a recall effort against County Commissioner Frank Moore. OCGA Ch. 21-4. When they submitted their petition to the Probate Judge, Norma Tidwell, for verification of the signatures, she disqualified 1950 of them. OCGA §§ 21-4-7; 21-4-10....