What Is the Recall Election Definition in Georgia?

A recall election in Georgia is a power reserved for voters, allowing for the removal of an elected official from office before their term has officially concluded. This process is distinct from other methods of removal, such as impeachment, which is handled by the legislature. The entire framework for this citizen-driven procedure is outlined in the “Recall Act of 1989,” ensuring a structured approach for electors.¹

Defining a Recall Election in Georgia

Under Georgia law, a recall election is a direct process to determine whether a public officer will be removed before their term expires. This mechanism is fundamentally a question posed to the electorate of a specific district, asking them to decide if an official’s actions warrant their dismissal.

The purpose of the recall is to provide a course of action when the public believes an official’s conduct negatively impacts their rights and the administration of the office. It serves as a check on power, ensuring that those elected remain responsive to the constituency that placed them in office. The process is initiated by the electors themselves, making it a grassroots form of political accountability.

Elected Officials Subject to Recall in Georgia

Nearly every public official in Georgia who holds an elective office is subject to recall, whether they obtained their position through an election or by appointment. This includes state officers, such as legislators and statewide executives, as well as local officials like county commissioners, mayors, and elected school board members.

There are, however, limitations. Federal officials, including United States Senators and members of the House of Representatives, cannot be recalled through this state-level process; their removal is governed exclusively by federal law and the U.S. Constitution. Furthermore, Georgia law stipulates specific timing constraints. A recall petition cannot be initiated against an official during the first 180 days or the last 180 days of their term. This provision prevents the process from being used immediately after an election or as a disruption before a term naturally concludes.

Legal Grounds for Initiating a Recall

A recall effort in Georgia cannot be launched simply because of political disagreement, as the law requires specific, factual grounds for the action. The petition must state that the official has conducted themselves in a manner that adversely affects the administration of their office and the public interest.

One specified ground is an act of malfeasance or misconduct while in office. Another basis for recall is the violation of the oath of office, which can occur if an official refuses to enforce a law they are legally obligated to uphold.² The law also permits a recall for the failure to perform duties prescribed by law. This involves a clear neglect of legally mandated responsibilities, such as a county official consistently refusing to produce a required public report. A recall can also be based on the willful misuse or misappropriation of public funds or property, which includes any unauthorized conversion of public assets for personal use.

Overview of the Recall Petition Process

Initiating a recall begins with a formal application, which can be obtained from the Georgia Secretary of State’s office or the local county election superintendent. This application must be filed by at least one hundred electors who were eligible to vote in the last election for the office, or by a number of electors equal to 10 percent of that same pool, whichever is smaller.

The application must contain the name and office of the person being recalled and the printed names and signatures of the sponsors. It must also state the specific factual grounds for the recall with enough clarity for the official to prepare a defense and for the public to understand the allegations. Once submitted, the application is reviewed for legal sufficiency.

If the application is approved, sponsors can begin circulating the recall petition. For statewide officials, such as the Governor, the petition must be signed by a number of electors equal to at least 15 percent of those registered to vote in the last election for that office. For all other state and local officials, that threshold is 30 percent.

Sponsors have 90 days to gather the necessary signatures.³ After the collection period, the petition is filed with the election superintendent, who verifies each signature by confirming that each signer is a registered voter in the correct electoral district. If the superintendent certifies that the petition has a sufficient number of valid signatures, a recall election is triggered.

Conducting the Recall Election

Once an election superintendent certifies a recall petition, a recall election must be called. The superintendent issues the call for the election within 10 days of certification. This election is scheduled to take place between 30 and 45 days after the call.

The question presented to voters on the ballot is direct, asking, “Shall [Name of Official], who holds the office of [Name of Office], be recalled?” Voters are given a “Yes” or “No” option. All electors who are registered and qualified to vote within the official’s electoral district are eligible to participate in the recall election.

Outcome and Vacancy Filling After a Successful Recall

If a majority of the votes cast are in favor of removal, the official is immediately removed from office upon the certification of the election results. The office is declared vacant, setting in motion a separate process to find a replacement.

The method for filling the vacancy is determined by existing state law for that particular office, which often involves holding a special election. The law specifies that the recalled official is not eligible to be a candidate in the special election held to fill the vacancy.⁴ This ensures a fresh start for the office and prevents the recalled individual from immediately returning to the position.