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Call Now: 904-383-7448The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds, and all other matters relative to such recall shall be provided for in such law.
- Art. I, Sec. IV, Para. I.
- Recall elections, Ch. 4, T. 21.
- The recall "condition" provided in O.C.G.A. § 21-4-6(f) of the Recall Act of 1989 is not unconstitutional as denying an elected official an opportunity for a judicial hearing to determine the truth or falsity of the alleged facts upon which the recall application is based. Collins v. Morris, 263 Ga. 734, 438 S.E.2d 896 (1993).
- The absence of a specification of grounds for a recall in the Public Officers Recall Act (O.C.G.A. § 21-4-1 et seq.) causes the statute to fall short of that which is required of the General Assembly by Ga. Const. 1983, Art. II, Sec. II, Para. IV and results in a fatal constitutional infirmity. Mitchell v. Wilkerson, 258 Ga. 608, 372 S.E.2d 432 (1988).
- Nothing in the Georgia Constitution or the Recall Act of 1989, either separately or together, establishes a right of private citizens to enter onto privately-owned shopping malls to solicit signatures for a recall petition. Citizens for Ethical Gov't, Inc. v. Gwinnett Place Assoc., 260 Ga. 245, 392 S.E.2d 8 (1990).
Cited in DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).
- Constitutionality of state and local recall provisions, 13 A.L.R.6th 661.