Art. V, Sec. III, Para. I. Other executive officers, how elected.

The constitutional amendments (Ga. L. 1984, p. 1716, § 2) and (Ga. L. 1988, p. 2100, § 3) which would have revised Paragraph I to delete the reference to the State School Superintendent were defeated at the general elections on November 6, 1984, and November 8, 1988.

Election of executive officers generally, Ga. Const. 1983, Art. V, Sec. I, Para. II, and § 21-2-9.

1976 Constitution.

Art. V, Sec. III, Para. I, Art. VI, Sec. X, Para. I.

and state executive officers.

Holders of county offices under Ga. Const. 1976, Art. IX, Sec. I, Para. VIII (see Ga. Const. 1983, Art. IX, Sec. I, Para. III), are not executive officers of the state within the meaning of this paragraph. Houlihan v. Saussy, 206 Ga. 1, 55 S.E.2d 557 (1949) (see Ga. Const. 1983, Art. V, Sec. III, Para. I). Cited in Thompson v. Talmadge, 201 Ga. 867, 41 S.E.2d 883 (1947); State v. Burroughs, 149 Ga. App. 183, 254 S.E.2d 144 (1979).

Governor.

Under Ga. Const. 1976, Art. V, Sec. I, Para. VI (see Ga. Const. 1983, Art. V, Sec. I, Para. III), it is clear that the Lieutenant Governor is classified as a constitutional officer and is elected in the same manner as the Governor and the other executive officers referred to in this paragraph. 1948-49 Op. Att’y Gen. p. 161. (see Ga. Const. 1983, Art. V, Sec. III, Para. I). Duration of appointment to office of director of the Office of Treasury and

Fiscal Services.

Since there is no provision in the law providing for mid-term elections to replace a resigned State Treasurer (now director of the Office of Treasury and Fiscal Services), the Governor’s appointment of a State Treasurer (now director of the Office of Treasury and Fiscal Services) would be for the remainder of the unexpired term. 1972 Op. Att’y Gen. No. 72-18.

Filling unexpired term of Commissioner of Labor.

Since the Commissioner of Labor is routinely elected at the same time as the Governor and holds his or her office for the same term, an election which must be held to fill the balance of the unexpired term after the Commissioner withdraws is one ‘‘that arises from some exigency or special need outside the usual routine,’’ which would be categorized as a ‘‘special election’’ under Georgia law. The Georgia Election Code certainly authorizes, but does not require, a special primary in this situation. 1992 Op. Att’y Gen. No. 92-11. No duty or authority is conferred upon Commissioner of Agriculture by Constitution; to the contrary, the expressed authority is reserved in the General Assembly to prescribe the duties, authority, and salaries of the executive officers. 1958-59 Op. Att’y Gen. p. 4. Authority of General Assembly to

create autonomous agricultural services.

The General Assembly does not have the authority to abolish the office of the Commissioner of Agriculture, but it has the authority to curtail the activities of the Commissioner of Agriculture by creating autonomous agricultural services. 1958-59 Op. Att’y Gen. p. 4.

Am. Jur. 2d.

26 Am. Jur. 2d, Elections, § 281 et seq. 38 Am. Jur. 2d, Governor, §§ 4, 8.

C.J.S.

81A C.J.S., States, § 152 et seq.