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Laws governing recall in Georgia

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Recall elections

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Laws governing recall
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Select a state from the menu below to learn more about its laws governing recall elections.

A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in Georgia. Georgia allows for the recall of all elected officials.

In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.

Offices subject to recall

Federal officials

The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.

State and local officials

The Official Code of Georgia states that, "Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office."[2]

Process

Prerequisites

Reasons for recall

The relevant legislation requires at least one of the following grounds for calling a recall election:

  • an act of malfeasance or misconduct while in office,
  • violation of the oath of office,
  • failure to perform duties prescribed by law, or
  • willfully misusing, converting, or misappropriating, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed.

Petition

Signature requirements

Signature requirements for the recall of elected officials in Georgia are governed by the Official Code of Georgia Annotated §21-4-4.

The number of valid signatures required for a recall election of a state officer whose electoral district encompasses the entire state is equal to at least 15 percent of the number of electors who were registered and qualified to vote in the preceding election for that office. At least one-fifteenth of the signatures must come from residents in each of the congressional districts in Georgia.

A recall election of local officers or state officers whose electoral districts encompass only a part of the state requires valid signatures equal to at least 30 percent of the number of electors who were registered and qualified to vote in the preceding election for that office.

Circulation timeline

Circulation of the recall petition must be completed within 90 days after registration.[3]

Election

If a recall election is held, the ballot will read:[4]

Shall (name of officeholder), (name of office), be recalled and removed from public office on the

grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and on the ground(s) that such official __________________ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.)?

[ ] YES
[ ] NO[5]

Legislation involving recall elections

The table below lists bills related to recall elections in Georgia. The following information is included for each bill:

  • State
  • Bill number
  • Official bill name or caption
  • Most recent action date
  • Legislative status
  • Sponsor party
  • Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

See also

  • What are recalls?
    What are recalls?
  • Recall efforts
    Recall efforts
  • education-policy-icon.png
    Ballotpedia's Recall Report
  • Recalls by state
    Recalls by state
  • Recalls by office
    Recalls by office
  • Recall laws
    Recall laws


External links