O.C.G.A.

O.C.G.A. § 36-35-5 (2019)

Filing of charter amendments or revisions, notices, and affidavits; publication and distribution of amendments and revisions by Secretary of State

✓ 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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No amendment or revision of any charter made pursuant to this chapter shall become effective until a copy of the amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published, to the effect that the notice has been published as provided in this chapter, has been filed with the Secretary of State and in the office of the clerk of the superior court of the county of the legal situs of the municipal corporation. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.

History

Ga. L. 1965, p. 298, § 6.

Annotations

Law reviews. - For article, ‘‘The Municipal Home Rule Act of 1965 (this chapter),’’ see 3 Ga. St. B. J. 333 (1967). For

article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

JUDICIAL DECISIONS Mere failure to file ordinance does not make it ineffective charter amendment. - After many months of operation under the ordinance as adopted and filed in the office of the Secretary of State, mere failure to also file the com-

pleted ordinance in the office of the clerk of court does not make the ordinance an ineffective charter amendment. Jackson v. Fraternal Order of Police Lodge No. 8, 234 Ga. 906, 218 S.E.2d 633 (1975).

RESEARCH REFERENCES Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 293.

C.J.S. - 62 C.J.S., Municipal Corporations, § 351 et seq.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Nelson v. Strickland, 911 S.E.2d 665 (Ga. 2025).

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Nelson v. Strickland, 911 S.E.2d 665 (Ga. 2025). · cites it 50× “But as Nelson contends, the 2011 map never be- came effective, because none of the filings with the Secretary of State and clerk of the superior court required by OCGA § 36-35-5 to make the charter amendment effective have been made.”

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.