Art. V, Sec. I, Para. I. Governor: term of office; compensation and allowances.

The constitutional amendment (Ga. L. 1997, p. 1713) creating the Georgia Citizens Commission on Compensation of Public Officials was defeated at the 1998 November general election.

Salaries of public officers and employees generally, Ch. 7, T. 45. Governor generally, Ch. 12, T. 45.

1976 Constitution.

Art. V, Sec. I, Para. I.

Provision of this paragraph allow-Removal of public officer.

Provision of Ga. Const. 1983, Art. V, Sec. II, Para. I that executive power shall be vested in a Governor does not imply authority in the Governor to remove a public officer during the officer’s tenure of office. Holder v. Anderson, 160 Ga. 433, 128 S.E. 181 (1925) (decided under Ga. Const. 1976, Art. V, Sec. II, Para. VIII). Cited in Thompson v. Talmadge, 201 Ga. 867, 41 S.E.2d 883 (1947); Maddox v. Fortson, 226 Ga. 71, 172 S.E.2d 595 (1970); Henderson v. Maddox, 227 Ga. 195, 179 S.E.2d 770 (1971); Frier v. City of Douglas, 233 Ga. 775, 213 S.E.2d 607 (1975).

Purpose of succession provision.

The provision that the Governor shall hold office for a term of four years and until a successor shall be chosen and qualified was a recognition by the framers of the Constitution that contingencies might happen which had not been specifically dealt with, the purpose being to avoid a vacancy in office when such contingency occurred. 1945-47 Op. Att’y Gen. p. 302. Extended tenure until successor

chosen and qualified.

This paragraph imposes upon incumbent Governor obligation of extended tenure of office until the Governor’s successor has been chosen and qualified. 1965-66 Op. Att’y Gen. No. 66-256. (see Ga. Const. 1983, Art. V, Sec. I, Para. I).

Am. Jur. 2d.

38 Am. Jur. 2d, Governor, § 1.

C.J.S.

81A C.J.S., States, § 211 et seq.

ALR.

Construction and effect of constitutional or statutory provisions disqualifying one for public office because of previous tenure of office, 59 ALR2d 716.