Constitution of the State of Georgia
Article II. VOTING AND ELECTIONS · Article II. VOTING AND ELECTIONS · Section II. GENERAL PROVISIONS
Art. II, Sec. II, Para. IV. Recall of public officials holding elective office.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.
The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds, and all other matters relative to such recall shall be provided for in such law.
Cross references
Recall elections, Ch. 4, T. 21.
Other notes
- 1976 Constitution.
- Art. I, Sec. IV, Para. I.
- review of recall petition.
- The recall ‘‘condition’’ provided in O.C.G.A. § 21-4-6(f) of the Recall Act of 1989 is not unconstitutional as denying an elected official an opportunity for a judicial hearing to determine the truth or falsity of the alleged facts upon which the recall application is based. Collins v. Morris, 263 Ga. 734, 438 S.E.2d 896 (1993).
- Grounds for recall.
- The absence of a specification of grounds for a recall in the Public Officers Recall Act (O.C.G.A. § 21-4-1 et seq.) causes the statute to fall short of that which is required of the General Assembly by Ga. Const. 1983, Art. II, Sec. II, Para. IV and results in a fatal constitutional infirmity. Mitchell v. Wilkerson, 258 Ga. 608, 372 S.E.2d 432 (1988). No right to solicit in
- privately-owned shopping malls.
- Nothing in the Georgia Constitution or the Recall Act of 1989, either separately or together, establishes a right of private citizens to enter onto privately-owned shopping malls to solicit signatures for a recall petition. Citizens for Ethical Gov’t, Inc. v. Gwinnett Place Assoc., 260 Ga. 245, 392 S.E.2d 8 (1990). Cited in DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).
- ALR.
- Constitutionality of state and local recall provisions, 13 ALR6th 661.
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 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, page 793; merge action: carried; file SHA-256 1b27199d8655.