O.C.G.A.
O.C.G.A.

O.C.G.A. § 45-12-7 (2019)

Resignation; vacancy due to other causes; Lieutenant Governor to take oath; procedure

✓ 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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The Governor shall transmit his resignation to the General Assembly, if it is in session; and, if it is not in session, he shall transmit it to the Secretary of State, who shall on the same day notify the Lieutenant Governor. If the office becomes vacant because of death or any other cause when the General Assembly is not in session, the Secretary of State shall inform the Lieutenant Governor. In either case, the Lieutenant Governor shall take the oath of office within ten days after having been informed by the Secretary of State. Such oath shall be taken before any Justice of the Supreme Court or judge of any superior court and also before the General Assembly, if it is in session. Such facts shall be entered upon the minutes of the office of the Governor. If the Lieutenant Governor fails to take the oath of office within the prescribed time, he shall be considered as having resigned. In such case, or if there is no Lieutenant Governor, the Secretary of State shall inform

the Speaker of the House of Representatives, and the proceedings shall be the same.

History

(Orig. Code 1863, § 132; Code 1868, § 127; Code 1873, § 136; Code 1882, § 136; Civil Code 1895, § 231; Civil Code 1910, § 266; Code 1933, § 40-108.)

Annotations

Cross references. - Vacating of office upon permanent physical or mental dis-

ability of holder of office, Ga. Const. 1983, Art. V, Sec. IV.

RESEARCH REFERENCES Am. Jur. 2d. - 38 Am. Jur. 2d, Governor, § 11. C.J.S. - C.J.S., Officers, §§ 214-217, 165-173. 81A C.J.S., States, § 190.

ALR. - Devolution, in absence of Governor, of veto and approval powers, upon Lieutenant Governor or other officer, 136 ALR 1053.

ARTICLE 2 POWERS AND DUTIES GENERALLY Cross references. - Power of Governor to convene general courts-martial, § 38-2-390. Power of Governor to prescribe procedure in cases before military

courts and other military tribunals, § 38-2-430. Power of Governor to institute and conduct investigations into affairs of state, etc., generally, § 45-15-19.

Notes of Decisions
Cited in 3 cases, 1996–1996 · leading case: Chandler v. Miller, 73 F.3d 1543 (11th Cir. 1996).
Sort: Relevance Newest Treatment
Chandler v. Miller, 73 F.3d 1543 (11th Cir. 1996). “O.C.G.A. § 45-12-7. The Governor must respond to state emergencies, id.”
Chandler v. Miller (11th Cir. 1996). “O.C.G.A. § 45-12-7. The Governor must respond to state emergencies, id.”
Chandler v. Miller (11th Cir. 1996). “O.C.G.A. § 45-12-7. The Governor must respond to state emergencies, id.”
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.