§ 21-4-1. Short Title

This chapter shall be known and may be cited as the “Recall Act of 1989.” History. Code 1981, § 21-4-1 , enacted by Ga. L. 1989, p. 1721, § 1. Cross references. Vacation of office, T. 45, C. 5.

§ 21-4-10. Recall Petition or Application — Persons Who May Not Circulate Petition or Application; Effect of Signatures Obtained by Unqualified Persons

No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recalled shall circulate a recall application or petition. No employee of the state shall circulate a recall application or petition. All signatures obtained by any such […]

§ 21-4-11. Recall Petition — Determination of Legal Sufficiency of Petition; Time Period for Filing; Amendment; Notification of Various Persons of Legal Sufficiency of Petition

The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been filed with him or her; provided, however, that in cases where more than one recall petition is subject to review for verification, the election superintendent shall be responsible for determining the legal sufficiency […]

§ 21-4-12. No Recall Election When Officeholder Resigns Prior to the Holding of a Recall Election

If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted. History. Code 1981, § 21-4-12 , enacted by Ga. L. 1989, p. 1721, § 1.

§ 21-4-13. Recall Election — Time for Holding; Officer to Call Election; Publication of Call; Form of Ballots; Vote Required to Effectuate Recall; Special Election to Fill Vacancy Created

Within ten days after having received certification of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days after such call; provided, however, that, if a primary […]

§ 21-4-14. Recall Election — Filing Subsequent Recall Petition Against Officer Following Recall Election or Denial of Recall Petition

After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the recall election shall be void. If the election superintendent […]

§ 21-4-15. Manner of Conducting Recall Elections

The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with Chapters 2 and 3 of this title. History. Code 1981, § […]

§ 21-4-16. Campaign and Financial Disclosure Requirements, Restrictions, and Qualifications

Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the “Ethics in Government Act,” in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, […]

§ 21-4-17. Promulgation of Rules and Regulations by Secretary of State

The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter. History. Code 1981, § 21-4-17 , enacted by Ga. L. 1989, p. 1721, § 1.

§ 21-4-18. Application to Court to Compel Election Superintendent to Comply With Chapter; Jurisdiction and Venue of Actions Against Election Superintendent

If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the election superintendent has not complied with this chapter, […]

§ 21-4-19. Determination of Eligibility to Sign Application for Recall Petition or Petition for Recall

An elector’s eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector. History. Code 1981, § 21-4-19 , enacted by Ga. L. 1989, p. 1721, § 1.

§ 21-4-2. Legislative Intent

The General Assembly finds that the electorate of the state overwhelmingly ratified an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall public officials who hold elective office and to repeal all local recall laws […]

§ 21-4-20. Giving 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

Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor. A person who, by menace or threat either directly or indirectly, induces or compels or attempts to induce or compel any […]

§ 21-4-21. Construction of Chapter

This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws. History. Code 1981, § 21-4-21 , enacted by Ga. L. 1989, p. 1721, § 1.

§ 21-4-3. Definitions

As used in this chapter, the term: “Elected county school board members” and “elected county school superintendents” shall be considered county officers. “Elected education board members” and “elected school superintendents” of any independent school system shall be considered municipal officers. “Election superintendent” means: In the case of any elected state officers, the Secretary of State; […]

§ 21-4-4. Officers Subject to Recall; Number of Electors Needed to Demand Recall; Limitation on Number of Public Officials Who May Be Subjects of a Particular Recall Petition; Grounds for Recall

Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office: In the case of a state officer whose […]

§ 21-4-5. Recall Petition — Application for and Time of Filing; Sponsors; Withdrawal of Signature; Duties of Election Superintendent; Printing and Distribution of Recall Petition Forms by Secretary of State

No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in […]

§ 21-4-6. Review of Grounds for Recall Petition

Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the […]

§ 21-4-7. Recall Petition — Form

The form of the recall petition shall be substantially as follows: Click to view Click to view _______________ _______________ Click to view The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements: “(1) Any person who gives or receives money or any other […]

§ 21-4-8. Recall Petition — Electors Eligible to Sign; Procedure for Circulating; Obtaining and Verifying Signatures; Form for Affidavit of Circulator; Change in Signature and Residence Address

All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of […]