Georgia § 45-5-1 - When offices deemed vacated; filling vacancy; notice; appeal.
Full text of Georgia Official Code of Georgia Annotated § 45-5-1 — When offices deemed vacated; filling vacancy; notice; appeal., with citation guidance and answers to common questions.
§ 45-5-1. When offices deemed vacated; filling vacancy; notice; appeal.
All offices in the state shall be vacated: By the death of the incumbent; By resignation, when accepted; By decision of a competent tribunal declaring the office vacant; By voluntary act or misfortune of the incumbent whereby he is placed in any of the specified conditions of ineligibility to office; By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he was elected; By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or By abandoning the office or ceasing to perform its duties, or both. Upon the occurrence of a vacancy in any office in the state, the officer or body authorized to fill the vacancy or call for an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy. Before doing so, however, the officer or body shall give at least ten days' notice to the person whose office has become vacant, except that such notice shall not be required in the case of a vacancy caused by death, final conviction of a felony, or written resignation. The decision of the officer or body to fill the vacancy or call an election to fill the vacancy shall be subject to an appeal to the superior court; and nothing in this subsection shall affect any right of any person to seek a judicial determination of the eligibility of any person holding office in the state. The provisions of this subsection shall apply both to vacancies occurring under this Code section and to vacancies occurring under other laws of this state. (Orig. Code 1863, § 131; Code 1868, § 126; Code 1873, § 135; Code 1882, § 135; Civil Code 1895, § 229; Civil Code 1910, § 264; Code 1933, § 89-501; Ga. L. 1986, p. 996, § 1.) Cross references. - Vacating of offices by recall elections, T. 21, C. 4.
Frequently Asked Questions About Georgia § 45-5-1
What does Official Code of Georgia Annotated § 45-5-1 cover?
Section 45-5-1 ("When offices deemed vacated; filling vacancy; notice; appeal.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 45-5-1?
A common citation format is "Official Code of Georgia Annotated § 45-5-1" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 45-5-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.