O.C.G.A.

O.C.G.A. § 21-4-7 (2019)

Form of recall petition

✓ 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) 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.). Name

Date of Signing

(Signature)

Residence Address

County of Residence

(Number and street or route)

(Printed name of elector)

(City)

(Ten lines for signatures and printed names) (b) 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; (2) 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.” (c) 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.

History

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

Notes of Decisions
Cited in 3 cases, 1987–1994 · leading case: Howell v. Tidwell, 368 S.E.2d 311 (Ga. 1988).
Howell v. Tidwell, 368 S.E.2d 311 (Ga. 1988). · cites it 22× “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…”
Collins v. Morris, 438 S.E.2d 896 (Ga. 1994). · cites it 4× “OCGA § 21-4-7 (c). Should the proceedings reach the point that a recall election is conducted, the ground or grounds for recall must be printed on the ballot.”
Howell v. Tidwell, 352 S.E.2d 372 (Ga. 1987). · cites it 2× “OCGA §§ 21-4-7; 21-4-10. As a result, the total number of verified signatures fell below the number necessary to require a recall election, and the plaintiffs filed this mandamus action to force the probate judge to verify the signatures properly.”
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.