---
title: O.C.G.A. § 28-3-20. Election and term of office; procedure for filling vacancies.
collection: code
id: 28-3-20
cite_as: O.C.G.A. § 28-3-20 (2025)
canonical_url: https://georgiacommons.org/code/28-3-20
md_url: https://georgiacommons.org/code/28-3-20.md
text_url: https://georgiacommons.org/code/28-3-20/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-2018-pdf.pdf?sfvrsn=f493d811_0#page=329
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/28-3.md
previous: https://georgiacommons.org/code/28-3-1.md
next: https://georgiacommons.org/code/28-3-21.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: GENERAL ASSEMBLY / ADMINISTRATIVE PERSONNEL / SECRETARY OF THE SENATE AND CLERK OF THE HOUSE OF REPRESENTATIVES
---

# O.C.G.A. § 28-3-20. Election and term of office; procedure for filling vacancies.

(a) There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected.

(b) In the event of a vacancy in the office of Clerk of the House or the permanent disability of the Clerk of the House, the Speaker shall appoint a duly qualified person to succeed to the office of Clerk of the House. Any question concerning the existence of permanent disability of the Clerk of the House shall be determined by the Speaker with the concurrence of a majority of the chairmen of the standing committees of the House. Any person succeeding to the office of Clerk of the House pursuant to this subsection shall serve for the remainder of the unexpired term.

(c)(1) In the event of a vacancy in the office of Secretary of the Senate while the Senate is not in session or the permanent disability of the Secretary of the Senate while the Senate is not in session, the President Pro Tempore of the Senate shall appoint a duly qualified person to succeed to the office of Secretary of the Senate. Any person succeeding to the office of Secretary of the Senate pursuant to this paragraph shall serve until the next session of the General Assembly, at which time the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term, if any.

(2) In the event of a vacancy in the office of the Secretary of the Senate while the Senate is in session or the permanent disability of the Secretary of the Senate while the Senate is in session, the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term.

(3) Any question concerning the existence of permanent disability of the Secretary of the Senate shall be determined by the President of the Senate with the concurrence of a majority of the chairmen of the standing committees of the Senate.

## History

Orig. Code 1863, § 188; Code 1868, § 182; Code 1873, § 194; Code 1882, § 194; Civil Code 1895, § 315; Civil Code 1910, § 358; Code 1933, § 47-201; Ga. L. 1983, p. 494, § 2; Ga. L. 1984, p. 656, § 1; Ga. L. 1991, p. 622, § 1.

## Cross References

Recorded vote required in General Assembly elections, Ga. Const. 1983, Art. III, Sec. IV, Para. X.

## Editor's Notes

Ga. L. 1983, p. 494, § 1, not codified by the General Assembly, provides: ‘‘It is the intent of this Act to implement certain changes required by Article III, Section IV, Paragraph X of the Constitution of the State of Georgia.’’