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O.C.G.A. § 45-5-5 — To whom resignations to be made | Georgia Code
O.C.G.A. § 45-5-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 5. Vacation of Office, 45-5-1 through 45-5-7.

ARTICLE 2 COMMISSIONS

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

  1. 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.
  2. 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 A.L.R. 39.

Duress as ground for withdrawing or avoiding resignation from public office, 132 A.L.R. 975.

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