Title 21, Chapter 4, Section 3
As used in this chapter, the term:
(1) "Elected county school board members" and "elected county
school superintendents" shall be considered county officers.
(2) "Elected education board members" and "elected school
superintendents" of any independent school system shall be
considered municipal officers.
(3) "Election superintendent" means:
(A) In the case of any elected state officers, the Secretary of
(B) In the case of any elected county officers, the county board
of elections, if a county has such, or the judge of the probate
court, provided that, if such judge of the probate court is the
officer sought to be recalled, then the election superintendent
shall be the clerk of the superior court; and
(C) In the case of any elected municipal officers, the municipal
clerk or municipal board of elections or municipal election
superintendent, if the municipality has such a board or election
(4) "Elector" means any person who possesses all of the
qualifications for voting now or hereafter prescribed by the laws
of this state and who has registered in accordance with Chapter 2
of this title.
(5) "Electoral district" means the area in which the electors
reside who are qualified to vote for any of the candidates
offering for a particular office.
(6) "Failure to perform duties prescribed by law" means the
willful neglect or failure by an official to perform a duty
imposed by statute.
(7) "Grounds for recall" means:
(A) That the official has, while holding public office,
conducted himself or herself in a manner which relates to and
adversely affects the administration of his or her office and
adversely affects the rights and interests of the public; and
(B) That the official:
(i) Has committed an act or acts of malfeasance while in
(ii) Has violated his or her oath of office;
(iii) Has committed an act of misconduct in office;
(iv) Is guilty of a failure to perform duties prescribed by
(v) Has willfully misused, converted, or misappropriated,
without authority, public property or public funds entrusted
to or associated with the elective office to which the
official has been elected or appointed.
Discretionary performance of a lawful act or a prescribed duty
shall not constitute a ground for recall of an elected public
(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.
(8) "Misconduct in office" means an unlawful act committed willfully by an elected public official or a willful violation of the code of ethics for government service contained in Code Section 45-10-1.
(9) "Official sponsors" or "sponsors" means the electors who
circulate or file an application for a recall petition who were
registered and eligible to vote in the last general or special
election for the office held by the officer sought to be recalled
and who reside in the electoral district of the officer sought to
(10) "Elective office" means an office filled by the exercise of
the franchise of vote by electors as defined in paragraph (4) of
this Code section in a general or special election as defined
under the laws of this state.