45-5-1. When offices deemed vacated; filling vacancy; notice; appeal.

All offices in the state shall be vacated:#

1. (1)

   By the death of the incumbent;#

2. (2)

   By resignation, when accepted;#

3. (3)

   By decision of a competent tribunal declaring the office vacant;#

4. (4)

   By voluntary act or misfortune of the incumbent whereby he or she is placed in any of the specified conditions of ineligibility to office;#

5. (5)

   By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he or she was elected;#

6. (6)

   By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or#

7. (7)

   By abandoning the office or ceasing to perform its duties, or both.#

Upon the occurrence of a vacancy in any office in the state, the officer or body authorized to fill the vacancy or call for an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy. Before doing so, however, the officer or body shall give at least ten days’ notice to the person whose office has become vacant, except that such notice shall not be required in the case of a vacancy caused by death, final conviction of a felony, or written resignation. The decision of the officer or body to fill the vacancy or call an election to fill the vacancy shall be subject to an appeal to the superior court; and nothing in this subsection shall affect any right of any person to seek a judicial determination of the eligibility of any person holding office in the state. The provisions of this subsection shall apply both to vacancies occurring under this Code section and to vacancies occurring under other laws of this state.#

Any Governor appointed seat of an executive branch board, commission, or council shall be filled by appointment of the Governor as provided by law when the seat becomes vacant upon term expiration or when declared vacant by the Governor pursuant to this Code section.#