Title 45, Chapter 5, Section 1
( 45-5-1)
(a) All offices in the state shall be vacated: (1) By the death of the incumbent; (2) By resignation, when accepted; (3) By decision of a competent tribunal declaring the office
vacant; (4) By voluntary act or misfortune of the incumbent whereby he is
placed in any of the specified conditions of ineligibility to
office; (5) By the incumbent ceasing to be a resident of the state or of
the county, circuit, or district for which he was elected; (6) 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 (7) By abandoning the office or ceasing to perform its duties, or
both. (b) 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. |