Georgia allows voters to hold elected officials accountable between regular elections through a process known as recall. While not frequently used, this option exists for citizens who believe an official has committed misconduct or failed in their duties. Understanding how this mechanism works can be helpful for those considering initiating or supporting such efforts.
This article explains Georgia’s legal framework for recalls, detailing the steps involved and potential outcomes.
Statutory Criteria for Recall
The “Recall Act of 1989,” found in Title 21, Chapter 4 of the Official Code of Georgia Annotated (O.C.G.A.), governs the recall process in Georgia.1Justia Law. Georgia Code Title 21, Chapter 4 – Recall of Public Officers An application for a recall petition can typically be filed only if the official has held office for at least 180 days.2Justia Law. Georgia Code § 21-4-5 – Sponsor Applications for Recall Petitions and Procedures This waiting period does not apply, however, if the official commits an act within that time that itself constitutes grounds for recall. This provision allows officials a reasonable period to demonstrate performance while enabling immediate action for serious misconduct.
Grounds for recall are explicitly defined and are not based on general dissatisfaction with policy decisions. According to O.C.G.A. Section 21-4-3, an elected official may be subject to recall for one or more of the following:3Justia Law. Georgia Code § 21-4-3 – Definitions (Including Grounds for Recall)
- 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.
Discretionary performance of a lawful act or a prescribed duty is not, in itself, a ground for recall, protecting officials from efforts based solely on policy disagreements.
“Malfeasance” generally refers to a wrongful or illegal act. “Misconduct” can encompass a broader range of improper behavior. Violating the oath of office involves acting contrary to commitments made when assuming the position. Failing to perform legally prescribed duties means neglecting specific responsibilities mandated for that office. The misuse of public property or funds involves willfulness and lack of authority, indicating intentional wrongdoing. These criteria require specific, demonstrable actions or inactions. A recall petition cannot be approved if alleged grounds relate solely to an official’s voting record on matters within their discretionary powers.
Official Petition Process
When legally sufficient grounds for recall are believed to exist, the effort to remove an official begins with preparing and submitting an application for a recall petition. This application, as stipulated by O.C.G.A. Section 21-4-5, must be filed with the election superintendent of the county where the officer resides. The document must name the official and office, state the grounds for recall, and include a statement from sponsors affirming their belief in these grounds.
The application must also include names and signatures of at least 100 electors qualified to vote in the recall election, or 10% of electors registered in the last election for that office, whichever is smaller. These initial sponsors vouch for the recall attempt’s legitimacy. A petition chairperson must be designated to represent sponsors.
Upon receiving the application, the election superintendent reviews it for compliance with legal requirements, not to judge the merit of the grounds. The superintendent has five days to determine if the application is facially complete and legally sufficient. If deficient, the chairperson is notified of defects, and sponsors may amend and resubmit. If sufficient, the superintendent approves it and provides petition forms. This approval signifies procedural requirements have been met, not an endorsement of the recall.
Petition forms are prepared under guidelines in O.C.G.A. Section 21-4-7.4Justia Law. Georgia Code § 21-4-7 – Form of Recall Petition Each sheet must be uniform and include a warning against unlawful signing. The petition must state the official’s name, office, and the grounds from the approved application. An circulator’s affidavit on each sheet must affirm they witnessed each signature and believe signatories are qualified electors with genuine signatures, safeguarding against fraud.
Collecting signatures is a significant step. O.C.G.A. Section 21-4-8 requires the petition to be signed by a certain percentage of eligible electors. For most offices, this is 30% of electors registered at the last general election for that office.5Justia Law. Georgia Code § 21-4-4 – Officers Subject to Recall and Elector Requirements For statewide officers, General Assembly members, U.S. Senators, and U.S. Representatives, the threshold is 15%. Local boards of education members require 15%, and certain local officers in districts with fewer than 1,000 electors require 40%.
The timeframe for gathering signatures is also limited. For most offices, petitions must be filed within 90 days of application approval. For statewide officers, General Assembly members, U.S. Senators, and U.S. Representatives, this period is 45 days. These constraints demand an organized campaign.
Once signature collection ends, or if the target is met sooner, the chairperson submits signed petition sheets to the election superintendent. The superintendent then verifies signatures against registered voter lists, as detailed in O.C.G.A. Section 21-4-11.6Justia Law. Georgia Code § 21-4-11 – Determination of Legal Sufficiency of Recall Petition This process, taking up to 30 days, ensures signatories were qualified. If sufficient valid signatures are found, the recall proceeds. If not, the effort fails, though a supplementary petition may be filed within ten days if the original had at least 90% of required signatures.
Conducting the Recall Vote
Once the election superintendent certifies a sufficient recall petition, the process for the recall vote begins. The Governor calls the election for state officers, while the appropriate local election superintendent does so for local officials, as outlined in O.C.G.A. Section 21-4-13.7Justia Law. Georgia Code § 21-4-13 – Procedures for Recall Election (Effective 1/1/2025) This call must occur within 10 days of certification. The election is then scheduled 30 to 45 days after the call, allowing preparation time for officials and voters. If a general or special election is already scheduled within 60 days of the call, the recall vote may be held concurrently, potentially saving resources and boosting turnout.
The recall election generally follows existing state election laws regarding voter registration, polling places, poll workers, and ballot counting. Voters qualified to sign the petition are eligible to vote. The ballot poses a direct question: “Shall (name and office of official) be recalled?” Voters choose “Yes” or “No.” No other items are typically on the recall ballot, keeping focus on the removal question.
For an official to be recalled, a majority of those voting must favor recall. If more votes are cast for recall than against it, the official is removed, creating a vacancy. If the majority opposes recall, the official remains in office. Results are certified like other elections. If an official resigns after petition certification but before the election, the recall election is usually not held, as the resignation makes the question moot.
Potential Legal Outcomes Following a Recall
A successful recall election creates a vacancy in the office. State law dictates this vacancy is filled using existing procedures for that office when vacancies arise from other causes like death or resignation. There is no unique procedure for recall-generated vacancies; established protocols are followed.
The method for filling vacancies varies. Many local positions require a special election. Timing and rules for these are generally governed by O.C.G.A. Section 21-2-540, which details procedures for special elections.8Justia Law. Georgia Code § 21-2-540 – Conduct and Timing of Special Elections Generally This typically requires the election to be called within a set timeframe and held not less than 29 or 30 days after the call, depending on the office. For example, a vacancy in the Georgia General Assembly usually prompts the Governor to call a special election.
In some situations, an appointment process may be used, at least temporarily. If an office’s unexpired term is less than six months and local acts do not specify how to fill the vacancy, a superior court judge can appoint a successor for the remaining term. This allows efficient filling of short terms without a special election. For other local offices with unexpired terms longer than six months and no local provision for filling vacancies, the county probate judge typically calls a special election.
A person recalled, or who resigned after a recall petition was certified, cannot be appointed to fill that vacancy, as stated in O.C.G.A. Section 21-4-14. They are also ineligible as a candidate in any special election for that vacancy. This prevents an official removed by voters from immediately regaining the same office. This ineligibility applies to the specific term from which they were recalled, not necessarily barring them from future runs for that or other offices after that term would have expired.