O.C.G.A.

O.C.G.A. § 45-5-3.2 (2019)

Filling of vacancies in office of district attorney; special election.

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

In those instances where the Governor fills a vacancy in the office of district attorney pursuant to Article VI, Section VIII, Paragraph I(a) of the Constitution, the vacancy shall be filled by the Governor appointing a qualified individual to the office of district attorney who shall serve until January 1 of the year following the next state-wide general election which is more than six months after the date of the appointment of such individual, even if such period of time extends beyond the unexpired term of the prior district attorney. A special election shall be held on the same date as the state-wide November general election which is first held following the date of the vacancy which is more than six months after the appointment of an individual to fill the vacancy and shall be held in conjunction with such general election. It shall be the duty of the Secretary of State to call and conduct the special election required by subsection (b) of this Code section in accordance with the applicable provisions of Chapter 2 of Title 21 , the "Georgia Election Code." Any individual elected at such special election pursuant to subsection (b) of this Code section shall possess the qualifications to seek and hold such office as provided by law. The individual elected in the special election conducted pursuant to subsection (b) of this Code section shall begin a new four-year term of office on January 1 immediately following such special election.

History

(Code 1981, § 45-5-3.2 , enacted by Ga. L. 2018, p. 111, § 2/HB 907.)

Notes of Decisions
Cited in 2 cases, 2020–2020 · leading case: Kemp v. Gonzalez, 849 S.E.2d 667 (Ga. 2020).
Kemp v. Gonzalez, 849 S.E.2d 667 (Ga. 2020). · cites it 36× “This election case comes before us based on the following certified question submitted to this Court by the United States Court of Appeals for the Eleventh Circuit: Does OCGA § 45-5-3.2 conflict with Georgia Constitution Article VI, Section VIII, Paragraph I (a) (or any other…”
Deborah Gonzalez v. Governor of the State of Georgia, 969 F.3d 1211 (11th Cir. 2020). · cites it 6× “We respectfully certify the following question for resolution: Does O.C.G.A. § 45-5-3.2 conflict with Georgia Constitution Article VI, Section VIII, Paragraph I(a) (or any other provision) of the Georgia Constitution? Our statement of the question is intended to guide the…”
45-5-3.2(a): 1 case
Deborah Gonzalez v. Governor of the State of Georgia, 969 F.3d 1211 (11th Cir. 2020). “We respectfully certify the following question for resolution: Does O.C.G.A. § 45-5-3.2 conflict with Georgia Constitution Article VI, Section VIII, Paragraph I(a) (or any other provision) of the Georgia Constitution? Our statement of the question is intended to guide the…”
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.