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Ga. Const. art. V, § I, ¶ I — Governor: term of office; compensation and allowances | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE V. EXECUTIVE BRANCH

Paragraph I. Governor: term of office; compensation and allowances.

There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may succeed themselves for one four-year term of office. Persons who have held the office of Governor and have succeeded themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law.

1976 Constitution.

- Art. V, Sec. I, Para. I.

Editor's notes.

- The constitutional amendment (Ga. L. 1997, p. 1713) creating the Georgia Citizens Commission on Compensation of Public Officials was defeated at the 1998 November general election.

Cross references.

- Salaries of public officers and employees generally, Ch. 7, T. 45.

Governor generally, Ch. 12, T. 45.

JUDICIAL DECISIONS

Provision of this paragraph allowing Governor to succeed position in office will be given its plain and unambiguous meaning. Irwin v. Busbee, 241 Ga. 567, 247 S.E.2d 103 (1978) (see Ga. Const. 1983, Art. V, Sec. I, Para. I).

Removal of public officer.

- Provision of Ga. Const. 1983, Art. V, Sec. II, Para. I that executive power shall be vested in a Governor does not imply authority in the Governor to remove a public officer during the officer's tenure of office. Holder v. Anderson, 160 Ga. 433, 128 S.E. 181 (1925) (decided under Ga. Const. 1976, Art. V, Sec. II, Para. VIII).

Cited in Thompson v. Talmadge, 201 Ga. 867, 41 S.E.2d 883 (1947); Maddox v. Fortson, 226 Ga. 71, 172 S.E.2d 595 (1970); Henderson v. Maddox, 227 Ga. 195, 179 S.E.2d 770 (1971); Frier v. City of Douglas, 233 Ga. 775, 213 S.E.2d 607 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Purpose of succession provision.

- The provision that the Governor shall hold office for a term of four years and until a successor shall be chosen and qualified was a recognition by the framers of the Constitution that contingencies might happen which had not been specifically dealt with, the purpose being to avoid a vacancy in office when such contingency occurred. 1945-47 Op. Att'y Gen. p. 302.

Extended tenure until successor chosen and qualified.

- This paragraph imposes upon incumbent Governor obligation of extended tenure of office until the Governor's successor has been chosen and qualified. 1965-66 Op. Att'y Gen. No. 66-256.(see Ga. Const. 1983, Art. V, Sec. I, Para. I).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, § 1.

C.J.S.

- 81A C.J.S., States, § 211 et seq.

ALR.

- Construction and effect of constitutional or statutory provisions disqualifying one for public office because of previous tenure of office, 59 A.L.R.2d 716.