---
title: O.C.G.A. § 45-12-50. Duty to appoint officers and fill vacancies.
collection: code
id: 45-12-50
cite_as: O.C.G.A. § 45-12-50 (2025)
canonical_url: https://georgiacommons.org/code/45-12-50
md_url: https://georgiacommons.org/code/45-12-50.md
text_url: https://georgiacommons.org/code/45-12-50/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=310
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.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / GOVERNOR / APPOINTMENTS AND VACANCIES
---

# O.C.G.A. § 45-12-50. Duty to appoint officers and fill vacancies.

The Governor shall appoint all officers and fill all vacancies unless otherwise prescribed by the Constitution and laws of this state. All appointments to discharge a public duty by the General Assembly, or by the Governor under its authority, are offices within the meaning of the Constitution of Georgia.

## History

Orig. Code 1863, § 72; Code 1868, § 66; Code 1873, § 69; Code 1882, § 69; Civil Code 1895, § 132; Civil Code 1910, § 155; Code 1933, § 40-301.

## Cross References

Power of Governor to fill vacancies in office, Ga. Const. 1983, Art. V, Sec. II, Para. VIII. Call by Governor of special election to fill vacancy created by recall election, § 21-4-13. Authority of Governor to appoint qualified persons to state examining boards notwithstanding laws requiring appointment of nominees of private organizations or associations to such boards, § 43-1-14. Vacating of public offices, T. 45, C. 5.

## Law Reviews

For article discussing control of tenure of executive officers by the president and the Governor, see 3 Ga. B.J. 13 (1941). For article discussing appointment and removal power of Governor, see 14 Ga. B.J. 171 (1951).

For comment on Rogers v. Medical Ass’n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor’s appointments to Composite State Board of Medical Examiners be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).