Georgia Code
Chapter 4 - Recall of Public Officers
§ 21-4-3. Definitions

As used in this chapter, the term:
(3.1) “Elective office” means an office filled by the exercise of the franchise of vote by electors in a general or special election as defined under the laws of this state.
Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official.
(7.1) “Legal sufficiency” means, solely as applied to the duties or functions of the election superintendent, a determination of the completeness of an application for a recall petition or a recall petition and a determination that an application for a recall petition or a recall petition contains a sufficient number of valid signatures. Such determinations shall not include any review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based.
History. Code 1981, § 21-4-3 , enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1990, p. 1939, § 1; Ga. L. 1991, p. 133, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 2014, p. 866, § 21/SB 340.
Editor’s notes.
Ga. L. 1990, p. 1939, § 8, not codified by the General Assembly, provides that the Act shall only apply to recall proceedings under Chapter 4 of Title 21 which are instituted on or after July 1, 1990.

Structure Georgia Code

Georgia Code

Title 21 - Elections

Chapter 4 - Recall of Public Officers

§ 21-4-1. Short Title

§ 21-4-2. Legislative Intent

§ 21-4-3. Definitions

§ 21-4-4. Officers Subject to Recall; Number of Electors Needed to Demand Recall; Limitation on Number of Public Officials Who May Be Subjects of a Particular Recall Petition; Grounds for Recall

§ 21-4-5. Recall Petition — Application for and Time of Filing; Sponsors; Withdrawal of Signature; Duties of Election Superintendent; Printing and Distribution of Recall Petition Forms by Secretary of State

§ 21-4-6. Review of Grounds for Recall Petition

§ 21-4-7. Recall Petition — Form

§ 21-4-8. Recall Petition — Electors Eligible to Sign; Procedure for Circulating; Obtaining and Verifying Signatures; Form for Affidavit of Circulator; Change in Signature and Residence Address

§ 21-4-9. Recall Application or Petition — Procedure for Withdrawal of Signature; Contents and Form of Affidavit to Be Executed and Filed by Person Desiring to Withdraw Signature

§ 21-4-10. Recall Petition or Application — Persons Who May Not Circulate Petition or Application; Effect of Signatures Obtained by Unqualified Persons

§ 21-4-11. Recall Petition — Determination of Legal Sufficiency of Petition; Time Period for Filing; Amendment; Notification of Various Persons of Legal Sufficiency of Petition

§ 21-4-12. No Recall Election When Officeholder Resigns Prior to the Holding of a Recall Election

§ 21-4-13. Recall Election — Time for Holding; Officer to Call Election; Publication of Call; Form of Ballots; Vote Required to Effectuate Recall; Special Election to Fill Vacancy Created

§ 21-4-14. Recall Election — Filing Subsequent Recall Petition Against Officer Following Recall Election or Denial of Recall Petition

§ 21-4-15. Manner of Conducting Recall Elections

§ 21-4-16. Campaign and Financial Disclosure Requirements, Restrictions, and Qualifications

§ 21-4-17. Promulgation of Rules and Regulations by Secretary of State

§ 21-4-18. Application to Court to Compel Election Superintendent to Comply With Chapter; Jurisdiction and Venue of Actions Against Election Superintendent

§ 21-4-19. Determination of Eligibility to Sign Application for Recall Petition or Petition for Recall

§ 21-4-20. Giving or Receiving Money or Other Thing of Value to Sign Petition or Affidavit; Compelling Person to Sign Petition or to Remove Name; Signing Another’s Name to Petition; Signing More Than One; Signing by Ineligible Person

§ 21-4-21. Construction of Chapter