Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 15. COURTS · Chapter 9. PROBATE COURTS · Article 1. GENERAL PROVISIONS

15-9-11. Special election to fill vacancy; term of individual elected.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    When a vacancy occurs in the office of judge of the probate court in any county, it shall be the duty of the individual who assumes the duties of the judge, as provided in Code Section 15-9-10, within ten days after the vacancy occurs, to order a special election for the purpose of filling the vacancy. The election superintendent shall give notice of the special election by publication in the newspaper in which the citations of the judge of the probate court are published. The special election shall be held in accordance with Chapter 2 of Title 21.#

  2. (b)

    Notwithstanding subsection (a) of this Code section, if the vacancy occurs after January 1 in the last year of the term of office of the judge of probate court, the individual assuming the duties of the judge of the probate court shall be commissioned for and shall serve the remainder of the unexpired term of office.#

  3. (c)

    If a special election is held, the individual elected to fill the vacancy shall be commissioned for the unexpired term.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1851-52, p. 50, § 1; Ga. L. 1851-52, p. 91, § 13; Code 1863, §§ 298, 299; Code 1868, §§ 358, 359; Ga. L. 1871-72, p. 28, § 1; Code 1873, §§ 323, 324; Code 1882, §§ 323, 324; Civil Code 1895, §§ 4224, 4225; Civil Code 1910, §§ 4782, 4783; Code 1933, §§ 24-1707, 24-1708; Ga. L. 1951, p. 129, § 1; Ga. L. 1969, p. 290, § 1; Ga. L. 2009, p. 827, § 3/HB 495; Ga. L. 2018, p. 356, § 1-11/SB 436. The 2018 amendment, effective July 1, 2018, substituted ‘‘individual’’ for ‘‘person’’ in the first sentence of subsection (a) and in the middle of subsection (b); substituted ‘‘The election superintendent’’ for ‘‘He or she’’ at the beginning of the second sentence of subsection (a); designated the fourth sentence of subsection (a) as subsection (b), and, in subsection (b), substituted ‘‘subsection (a) of this Code section’’ for ‘‘the provisions of this subsection’’ near the middle; redesignated former subsection (b) as present subsection (c), and, in subsection (c), substituted ‘‘If a special election is held, the individual’’ for ‘‘The person’’ at the beginning.

Cross references

Filling of vacancies in public office generally, § 45-5-1 et seq.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 431 to 432; merge action: carried; file SHA-256 1f1f034443c3.