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
Chapter 4 - Recall of Public Officers
§ 21-4-6. Review of Grounds for Recall Petition
§ 21-4-7. Recall Petition — Form
§ 21-4-12. No Recall Election When Officeholder Resigns Prior to the Holding of a Recall Election
§ 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