Recall Act

Georgia · Elections · §§ 21-4-1 to 21-4-9 · 19 sections

Overview

The act governs the removal of elected or appointed public officers through voter recall, identifying which officers are subject to it and the grounds on which a recall may be sought, while preserving other removal methods as alternatives rather than replacing them. Its central mechanism is the recall petition: the act sets who is qualified to sign, the number of electors required, the required form of the petition and its circulation sheets, how completed sheets are submitted and how county officials verify the signatures, along with limits on when petitions may be brought, penalties for false signatures, and a judicial remedy if an officer refuses to accept a petition for filing. A sufficient petition triggers notice to the targeted officer — who may respond with a statement of justification or resign — followed by a special recall election governed by rules on notice, ballot form, conduct, and expenses, with the officer continuing in office until the results are declared and with provision for filling any resulting vacancy.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 1 court decision.

Most-cited authority: 491 P.3d 343 - State of Alaska, Office of Lieutenant Governor, Division of Elections and Director Gail Fenumiai, in an official capacity v. Recall Dunleavy

Sections covered

O.C.G.A. § 21-4-1Short title
O.C.G.A. § 21-4-10Persons who may not circulate recall application or petition; effect of signatures obtained by unqualified persons
O.C.G.A. § 21-4-11Determination of legal sufficiency of recall petition; time period for filing; amendments; notification of legal sufficiency
O.C.G.A. § 21-4-12No recall election when officeholder resigns prior to the holding of a recall election
O.C.G.A. § 21-4-13Procedures for recall election; number of votes required to effectuate recall; special election to fill vacancy created
O.C.G.A. § 21-4-15Manner of conducting recall elections
O.C.G.A. § 21-4-16Campaign and financial disclosure requirements, restrictions, and qualifications
O.C.G.A. § 21-4-17Promulgation of rules and regulations by Secretary of State
O.C.G.A. § 21-4-18Application to court to compel election superintendent to comply with chapter; jurisdiction and venue of actions against election superintendent
O.C.G.A. § 21-4-19Determination of eligibility to sign application for recall petition or petition for recall
O.C.G.A. § 21-4-2Legislative intent
O.C.G.A. § 21-4-20Giving or receiving money or other thing of value to sign petition or affidavit; compelling person to sign petition or to remove name; signing another’s name to petition; signing more than one; signing by ineligible person
O.C.G.A. § 21-4-21Construction of chapter
O.C.G.A. § 21-4-3Definitions1 cite
O.C.G.A. § 21-4-5Sponsor applications for recall petition; procedures; duties of election superintendents and Secretary of State
O.C.G.A. § 21-4-6Review of grounds for recall petition
O.C.G.A. § 21-4-7Form of recall petition
O.C.G.A. § 21-4-8Circulation of recall petition; electors eligible to sign; procedures for collection and verification of signatures
O.C.G.A. § 21-4-9Withdrawal of signatures from recall application or petition

Enacted in other states

Montana, New Mexico

All Georgia named statutes →

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →