---
title: O.C.G.A. § 45-5-3.2. Filling of vacancies in office of district attorney; special election.
collection: code
id: 45-5-3.2
cite_as: O.C.G.A. § 45-5-3.2 (2025)
canonical_url: https://georgiacommons.org/code/45-5-3.2
md_url: https://georgiacommons.org/code/45-5-3.2.md
text_url: https://georgiacommons.org/code/45-5-3.2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-pdf.pdf?sfvrsn=c5ce751b_0#page=19
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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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. § 45-5-3.2. Filling of vacancies in office of district attorney; special election.

(a) In those instances where the Governor fills a vacancy in the office of district attorney pursuant to Article VI, Section VIII, Paragraph I(a) of the Constitution, the vacancy shall be filled by the Governor appointing a qualified individual to the office of district attorney who shall serve until January 1 of the year following the next state-wide general election which is more than six months after the date of the appointment of such individual, even if such period of time extends beyond the unexpired term of the prior district attorney.

(b) A special election shall be held on the same date as the state-wide November general election which is first held following the date of the vacancy which is more than six months after the appointment of an individual to fill the vacancy and shall be held in conjunction with such general election.

(c) It shall be the duty of the Secretary of State to call and conduct the special election required by subsection (b) of this Code section in accordance with the applicable provisions of Chapter 2 of Title 21, the “Georgia Election Code.” Any individual elected at such special election pursuant to subsection (b) of this Code section shall possess the qualifications to seek and hold such office as provided by law.

(d) The individual elected in the special election conducted pursuant to subsection (b) of this Code section shall begin a new four-year term of office on January 1 immediately following such special election.

## History

Code 1981, § 45-5-3.2, enacted by Ga. L. 2018, p. 111, § 2/HB 907.

## Effective Date

This Code section became effective March 22, 2018.