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Ga. Const. art. II, § II, ¶ V — Vacancies created by elected officials qualifying for other office | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE II. VOTING AND ELECTIONS

Paragraph V. Vacancies created by elected officials qualifying for other office.

The office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins more than 30 days prior to the expiration of such official's present term of office. The vacancy created in any such office shall be filled as provided by this Constitution or any general or local law. This provision shall not apply to any elected official seeking or holding more than one elective office when the holding of such offices simultaneously is specifically authorized by law.

(Ga. Const. 1983, Art. 2, § 2, Para. 5, approved by Ga. L. 1983, p. 972, § 1/HR 30)

Cross references.

- Eligibility of members of municipal councils or boards of aldermen for other municipal offices, § 36-30-4.

Editor's notes.

- The constitutional amendment (Ga. L. 1983, p. 972, § 1) adding this Paragraph was approved by a majority of the qualified voters voting at the general election held on November 6, 1984.

JUDICIAL DECISIONS

Vacancy created by resignation of superior court judge.

- Judgment entered by a judge who was appointed by the chief county magistrate judge upon a request for "assistance" made by the superior court chief judge pursuant to O.C.G.A. § 15-1-9.1, was not void, even though the judge was appointed to fill a vacancy created by the resignation of a superior court judge, which vacancy should have been filled by the Governor. Dominguez v. Enterprise Leasing Co., 197 Ga. App. 664, 399 S.E.2d 269 (1990).

Retention election of a city solicitor was an "election to the office of a municipal elected official" within the meaning of Ga. Const. 1983, Art. II, Sec. II, Para. V. Hornsby v. Campbell, 267 Ga. 511, 480 S.E.2d 189 (1997).

OPINIONS OF THE ATTORNEY GENERAL

Member of General Assembly qualifying as candidate for office of mayor of Atlanta.

- Since the term of office of mayor of the City of Atlanta begins more than 30 days prior to the expiration of the term of office for members of the General Assembly and since a member of the General Assembly is not specifically authorized by law to hold both a seat in the Georgia General Assembly and the office of mayor of the City of Atlanta, pursuant to Ga. Const. 1983, Art. II, Sec. II, Para. V, the seat of a member of the Georgia General Assembly would be declared vacant by operation of law upon the member's qualifying to seek the office of mayor of the City of Atlanta. 1985 Op. Att'y Gen. No. U85-33.

Chief magistrate seeking election to city council.

- Since the office of member of the City Council of Lincolnton began more than 30 days prior to the expiration of the candidate's office as Chief Magistrate for Lincoln County and since there was no specific authorization by law permitting a person to hold the offices of magistrate and city councilman simultaneously, the candidate's office as Chief Magistrate for Lincoln County would be declared vacant by operation of law pursuant to Ga. Const. 1983, Art. II, Sec. II, Para. V upon the person qualifying to seek the office of member of the City Council of Lincolnton. 1985 Op. Att'y Gen. No. U85-41.

Chief magistrate who is appointed to office pursuant to local legislation is not subject to the provisions of Ga. Const. 1983, Art. II, Sec. II, Para. V. 1986 Op. Att'y Gen. No. U86-11.

Office of member of a county board of education will be declared vacant by operation of law upon that member qualifying to seek another elected office on the school board if the term of the new office begins more than thirty days prior to the expiration of the member's current term of office and the holding of the two offices simultaneously is not specifically authorized by law. 1986 Op. Att'y Gen. No. 86-17.

Local law cannot extend the tenure in office of an elected official who would otherwise immediately vacate that office when qualifying to run for another elected position. 2000 Op. Att'y Gen. No. 2000-3.

Paragraph does not apply to power commissioner who is selected by grand jury. 1988 Op. Att'y Gen. No. U88-17.

Elected soil and water district supervisors.

- Elected soil and water district supervisors are elected state officials and are thus subject to the constitutional provision that their office is vacated when they qualify for another state, county, or municipal office. 1992 Op. Att'y Gen. No. 92-28.

Vacancy created in office of county commissioner as matter of law.

- Where a county commissioner has a term of office on the county commission which extends past 30 days after the commencement of the term of office of state senator for which the county commissioner intends to run, the commissioner's qualifying to run for election to the state senate will create a vacancy in the office of county commissioner as a matter of law. 1990 Op. Att'y Gen. No. U90-9.