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Official Code of Georgia Annotated

Title 45. PUBLIC OFFICERS AND EMPLOYEES · Chapter 5. VACATION OF OFFICE

45-5-1. When offices deemed vacated; filling vacancy; notice; appeal.

Active

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

  1. (a)

    All offices in the state shall be vacated:#

    1. (1)

      By the death of the incumbent;#

    2. (2)

      By resignation, when accepted;#

    3. (3)

      By decision of a competent tribunal declaring the office vacant;#

    4. (4)

      By voluntary act or misfortune of the incumbent whereby he or she is placed in any of the specified conditions of ineligibility to office;#

    5. (5)

      By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he or she was elected;#

    6. (6)

      By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or#

    7. (7)

      By abandoning the office or ceasing to perform its duties, or both.#

  2. (b)

    Upon the occurrence of a vacancy in any office in the state, the officer or body authorized to fill the vacancy or call for an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy. Before doing so, however, the officer or body shall give at least ten days’ notice to the person whose office has become vacant, except that such notice shall not be required in the case of a vacancy caused by death, final conviction of a felony, or written resignation. The decision of the officer or body to fill the vacancy or call an election to fill the vacancy shall be subject to an appeal to the superior court; and nothing in this subsection shall affect any right of any person to seek a judicial determination of the eligibility of any person holding office in the state. The provisions of this subsection shall apply both to vacancies occurring under this Code section and to vacancies occurring under other laws of this state.#

  3. (c)

    Any Governor appointed seat of an executive branch board, commission, or council shall be filled by appointment of the Governor as provided by law when the seat becomes vacant upon term expiration or when declared vacant by the Governor pursuant to this Code section.#

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

Orig. Code 1863, § 131; Code 1868, § 126; Code 1873, § 135; Code 1882, § 135; Civil Code 1895, § 229; Civil Code 1910, § 264; Code 1933, § 89-501; Ga. L. 1986, p. 996, § 1; Ga. L. 2023, p. 113, § 3/HB 76, effective May 1, 2023.

Amendments

The 2023 amendment, effective May 1, 2023, inserted “or she” following “he” in paragraphs (a)(4) and (a)(5) and added subsection (c).

Law reviews

For note, “The Case of the Vanishing Supreme Court Contest: Barrow v. Raffensperger Eliminates the Power of the People to Elect their Appellate, Superior, and State Court Judges,” see 72 Mercer L. Rev. 957 (2021).

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 t45-(v33)-pdf.pdf, Volume V33, 2016 edition, 2025 supplement, pages 17 to 18; merge action: replaced; file SHA-256 ec9f1ae9c82d.