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

O.C.G.A. § 45-4-30 (2019)

Applicability of chapter

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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This chapter shall apply to the official bonds of all public officers of this state, including those whose offices may be established hereafter, unless the contrary is expressly provided.

History

(Orig. Code 1863, § 163; Code 1868, § 158; Code 1873, § 169; Code 1882, § 169; Civil Code 1895, § 265; Civil Code 1910, § 300; Code 1933, § 89-401.)

Annotations

JUDICIAL DECISIONS

Cited in Matthews v. Rowell, 49 Ga. App. 673, 176 S.E. 802 (1934); Sims v. United States Fid. & Guar. Co., 115 Ga. App. 71, 153 S.E.2d 573 (1967).

RESEARCH REFERENCES

20C Am. Jur. Pleading and Practice Forms, Public Officers and Employees, § 72.

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CHAPTER 5 VACATION OF OFFICE

Sec.

45-5-1. When offices deemed vacated; filling vacancy; notice; appeal.

45-5-2. Office to be vacated immediately upon final conviction of felony; filling of vacancy.

45-5-3. Election or appointment of successor to fill unexpired terms.

45-5-3.1. Authority to fill vacancy absent quorum; appointment by Governor to fill vacancy.

45-5-3.2. Filling of vacancies in office of district attorney; special election.

45-5-4. Continuation in office of appointee during succeeding term.

45-5-5. To whom resignations to be made.

45-5-6. Public official investigated by special commission upon indictment; gubernatorial review if commission recommends suspension; suspension; reinstatement; replacement or temporary officer.

45-5-6.1. Suspension and vacation of office of public officials convicted of felony.

45-5-6.2. Suspension of "authority officials" upon indictment for felony; continued compensation; replacement officials.

45-5-7. Hearing of complaints against budget unit employees and proceedings thereupon; effect on tenure.

Cross references. - Recall of public officials holding elective office, Ga. Const. 1983, Art. II, Sec. II, Para IV.

Power of Governor to fill vacancies in office, Ga. Const. 1983, Art. V, Sec. II, Para. VIII.

Substitution of parties in action against public officer when officer dies, resigns, or otherwise leaves office during pendency of action, § 9-11-25.

Substitute nominations to fill vacancies in party nominations upon death or disqualification, of nominee, § 21-2-134.

Special elections and primaries, § 21-2-540 et seq.

Recall of public officers, § 21-4-1 et seq.

Delivery of books, papers, and other office property to successor to public office, § 45-6-7 et seq.

Powers and duties of Governor with regard to appointment of officers and filling of vacancies in office, § 45-12-50 et seq.

Law reviews. - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

OPINIONS OF THE ATTORNEY GENERAL

Recall election provisions may be invoked during official's appeal of felony conviction. - The recall election procedures of the "Public Officers Recall Act", O.C.G.A. § 21-4-1 et seq., may be invoked by electors with respect to a public official notwithstanding the pendency of that official's appeal of a felony conviction. 1983 Op. Att'y Gen. No. 83-16.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Old Repub. Sur. Co. v. Glynn Cnty., 913 S.E.2d 97 (Ga. Ct. App. 2025).
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Old Repub. Sur. Co. v. Glynn Cnty., 913 S.E.2d 97 (Ga. Ct. App. 2025). · cites it 2× “8 Specifically, OCGA § 45-4-24 imposes liability for “every official bond executed under [Chapter 45],” and OCGA § 45-4-30 indicates that Chapter 45 applies to “the official bonds of all public officers of this state[.”
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.