Title 45, Chapter 5, Section 3
( 45-5-3)
(a) In those instances where the law applicable to an elective
public office does not provide for filling a vacancy in such office
and the Governor fills such vacancy pursuant to the authority of
Article V, Section II, Paragraph VIII, subparagraph (a) of the
Constitution and in those instances where the Governor fills a
vacancy in the office of district attorney pursuant to Article VI,
Section VIII, Paragraph I, subparagraph (a) of the Constitution, the
vacancy shall be filled as follows: (1) If the vacancy occurs during the final 27 months of a term of
office, the Governor shall appoint a person to fill such vacancy
for the remainder of the unexpired term of office; or (2) If the vacancy occurs at any time prior to the time specified
in paragraph (1) of this subsection, the Governor shall appoint a
person to fill such vacancy until such vacancy is filled for the
unexpired term of office at a special election provided for in
subsection (b) of this Code section. (b) When a special election is required to fill a vacancy for the
unexpired term of office as provided by paragraph (2) of subsection
(a) of this Code section, such special election shall be held on the
same date as the general election which is first held following the
date of the vacancy and in conjunction with such general election. (c) It shall be the duty of the appropriate state or local election
officials to call and conduct the special elections required by
subsection (b) of this Code section in accordance with the
applicable provisions of Chapter 2 of Title 21, known as the
"Georgia Election Code." Any person elected to fill a vacancy
pursuant to subsection (b) of this Code section shall possess the
qualifications to seek and hold such office provided by law
applicable to the office wherein the vacancy occurred. (d) The provisions of this Code section shall not apply to a vacancy
which occurs in any elective office of a municipality of this state. |