---
title: O.C.G.A. § 45-5-3.1. Authority to fill vacancy absent quorum; appointment by Governor to fill vacancy.
collection: code
id: 45-5-3.1
cite_as: O.C.G.A. § 45-5-3.1 (2025)
canonical_url: https://georgiacommons.org/code/45-5-3.1
md_url: https://georgiacommons.org/code/45-5-3.1.md
text_url: https://georgiacommons.org/code/45-5-3.1/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=87
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/45-5.md
previous: https://georgiacommons.org/code/45-5-3.md
next: https://georgiacommons.org/code/45-5-3.2.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: PUBLIC OFFICERS AND EMPLOYEES / VACATION OF OFFICE
---

# O.C.G.A. § 45-5-3.1. Authority to fill vacancy absent quorum; appointment by Governor to fill vacancy.

(a) When any local or general law authorizes or requires the remaining members of the governing body of a political subdivision of this state to appoint a person to fill a vacancy occurring in that body, the absence of a quorum caused by any such vacancy or vacancies shall not impair the authority of a majority of the remaining members of such body to make that appointment.

(b) When any local or general law provides for the appointment, other than appointment by the Governor, of a person to fill a vacancy in an elective public office and such vacancy is not filled within 45 days after the vacancy occurs, the Governor shall appoint a person to fill such vacancy. A person appointed by the Governor to fill a vacancy pursuant to this subsection shall serve until such time as that person would serve had the person been appointed as provided in that local or general law.

## History

Code 1981, § 45-5-3.1, enacted by Ga. L. 1992, p. 1006, § 1.