---
title: Ga. Const. Art. II, Sec. II, Para. IV. Recall of public officials holding elective office.
collection: code
id: ga-const:art-ii-sec-ii-para-iv
cite_as: Ga. Const. Art. II, Sec. II, Para. IV
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date: 2016
status: active
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heading_path: CONSTITUTION OF THE / VOTING AND ELECTIONS / GENERAL PROVISIONS
---

# Ga. Const. Art. II, Sec. II, Para. IV. Recall of public officials holding elective office.

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.

## 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.