Georgia CommonsArtículo II. VOTING AND ELECTIONS · Artículo II. VOTING AND ELECTIONS · Sección III. SUSPENSION AND REMOVAL OF PUBLIC OFFICIALS
Art. II, Sec. III, Para. II. Suspension upon felony conviction.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Una disposición constitucional que se muestra como vigente está vigente tal como está impresa en el volumen. Una decisión judicial puede hacer inaplicable una disposición impresa sin cambiar el volumen, y el volumen no registra eso.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he or she shall not be entitled to receive the compensation from his or her office. If, during the remainder of the elected official’s term of office, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the public officer under suspension is a member of the Senate or House of Representatives, then a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the General Assembly but to serve only for the duration of the suspension. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987. (Ga. Const. 1983, Art. 2, Sec. 3, Para. 2, approved by Ga. L. 1986, p. 1614, § 2/HR 505; Ga. L. 2000, p. 2005, § 1/SR 411)
Editor's notes
The constitutional amendment (Ga. L. 1986, p. 1614, § 2) which added this Paragraph was approved by a majority of the qualified voters voting at the general election held on November 4, 1986. The constitutional amendment (Ga. L. 2000, p. 2005, § 1), which modified this Paragraph by inserting ‘‘or she’’ in two places, ‘‘or her’’ in the second sentence, ‘‘, during the remainder of the elected official’s term of office,’’ near the beginning of the third sentence, and adding the fifth sentence, was approved by a majority of the qualified voters voting at the general election held November 7, 2000.
Otras notas
- ALR.
- What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office, 11 ALR5th 52.
Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de 2ga-const-(v2)-2016-pdf.pdf, Volumen V2, edición 2016, páginas 797 a 798; acción de fusión: carried; SHA-256 del archivo 1b27199d8655.