O.C.G.A. § 45-5-4 (2019)
Continuation in office of appointee during succeeding term
Where any person is appointed to fill a vacancy in the office of judge, district attorney, or clerk of any court in this state under a law which provides that such appointee shall fill the unexpired term, if at the end of such unexpired term the person elected to fill such office shall not be qualified to take office, or if the person elected to fill such office shall have died prior to the end of such unexpired term, or if a vacancy shall occur from any other cause, then the person appointed to fill out such unexpired term shall continue in office during the term succeeding the one in which such vacancy occurred, in the absence of any other law for filling such term.
History
(Ga. L. 1911, p. 169, § 1; Code 1933, § 89-503.)
Annotations
JUDICIAL DECISIONS Cited in Yaali, Ltd. v. Barnes & Noble, Inc., 269 Ga. 695, 506 S.E.2d 116 (1998). RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 121. C.J.S. - 67 C.J.S., Officers and Public Employees, § 146. ALR. - Beginning or expiration of term of elective officer where no time is fixed by law, 80 ALR 1290; 135 ALR 1173. Right of one holding certificate of election to take office as against incumbent
whose term has expired, notwithstanding election contest, 81 ALR 620. Notice of election to fill vacancy in office at general election, 158 ALR 1184. Power to appoint public officer for term commencing at or after expiration of term of appointing officer or body, 75 ALR2d 1277.
45-5-5. To whom resignations to be made. (a) The resignations of all state and county officers and senators and representatives of the State of Georgia in the United States Congress shall be made to the Governor. If the resignation is from an office which may not be filled by executive appointment of the Governor, the Governor shall, upon receiving the resignation, promptly notify the appropriate official of the state or county to fill the vacancy or to initiate the process for filling the vacancy according to law. (b) The resignations of municipal officers shall be made to the governing authority of the municipality who shall fill the vacancies in accordance with law. (Orig. Code 1863, § 133; Code 1868, § 128; Code 1873, § 137; Code 1882, § 137; Civil Code 1895, § 232; Civil Code 1910, § 267; Code 1933, § 89-504; Ga. L. 1986, p. 996, § 2.) JUDICIAL DECISIONS Georgia law does not contemplate or require serial or multiple resignations for incumbent officeholder who has been reelected to resign that position.
Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff ’d, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 114. C.J.S. - 67 C.J.S., Officers and Public Employees, § 215. ALR. - Right of public officer to resign, 19 ALR 39.
Duress as ground for withdrawing or avoiding resignation from public office, 132 ALR 975.