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2018 Georgia Code 36-4-3 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Section 4. Change or Removal of County Site, 36-4-1 through 36-4-6.

ARTICLE 2 SETTLEMENT OF BOUNDARY DISPUTES

36-4-3. Form and marking of ballots; number of votes required to authorize removal.

At the election, the form of the ballot and the procedure for marking the ballot shall be as provided in Chapter 2 of Title 21, the "Georgia Election Code." The ballot for such election shall have written or printed thereon the following: "[ ] YES Shall the county site of __________ County [ ] NO be moved to __________?"

In any such referendum election, all persons desiring to vote in favor of moving the county site shall vote "Yes," and those persons desiring to vote against moving the county site shall vote "No." If two-thirds of the votes cast at the election are in favor of removal, the General Assembly next convening after the election may provide for the removal of the county site by appropriate legislation.

(Ga. L. 1878-79, p. 44, § 3; Code 1882, § 508z; Civil Code 1895, § 393; Civil Code 1910, § 488; Code 1933, § 23-503; Ga. L. 1987, p. 3, § 36.)

History of section.

- The language of this Code section is derived in part from the decision in Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897).

JUDICIAL DECISIONS

Voter must designate place preferred.

- It is necessary not only that the voter voting for the removal of the county site should state upon the ballot "for removal," but also that the voter should designate thereon the particular place to which the voter desires the county seat removed. Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897); Cheney v. Ragan, 151 Ga. 735, 108 S.E. 30 (1921).

RESEARCH REFERENCES

C.J.S.

- 20 C.J.S., Counties, § 97 et seq.

Cases Citing Georgia Code 36-4-3 From Courtlistener.com

Total Results: 1

Brown v. State

Court: Supreme Court of Georgia | Date Filed: 1940-04-11

Citation: 8 S.E.2d 652, 190 Ga. 169, 1940 Ga. LEXIS 431

Snippet: State, 77 Ga. 767 (3); Weeks v. State,79 Ga. 36 (4) (3 S.E. 323); Godbee v. State, 141 Ga. 515 (4) (81