Election and Term of Office; Procedure for Filling Vacancies

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  1. There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected.
  2. In the event of a vacancy in the office of Clerk of the House or the permanent disability of the Clerk of the House, the Speaker shall appoint a duly qualified person to succeed to the office of Clerk of the House.Any question concerning the existence of permanent disability of the Clerk of the House shall be determined by the Speaker with the concurrence of a majority of the chairmen of the standing committees of the House.Any person succeeding to the office of Clerk of the Housepursuant to this subsection shall serve for the remainder of the unexpired term.
    1. In the event of a vacancy in the office of Secretary of the Senate while the Senate is not in session or the permanent disability of the Secretary of the Senate while the Senate is not in session, the President Pro Tempore of the Senate shall appoint a duly qualified person to succeed to the office of Secretary of the Senate. Any person succeeding to the office of Secretary of the Senate pursuant to this paragraph shall serve until the next session of the General Assembly, at which time the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term, if any.
    2. In the event of a vacancy in the office of the Secretary of the Senate while the Senate is in session or the permanent disability of the Secretary of the Senate while the Senate is in session, the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term.
    3. Any question concerning the existence of permanent disability of the Secretary of the Senate shall be determined by the President of the Senate with the concurrence of a majority of the chairmen of the standing committees of the Senate.

(Orig. Code 1863, § 188; Code 1868, § 182; Code 1873, § 194; Code 1882, § 194; Civil Code 1895, § 315; Civil Code 1910, § 358; Code 1933, § 47-201; Ga. L. 1983, p. 494, § 2; Ga. L. 1984, p. 656, § 1; Ga. L. 1991, p. 622, § 1.)

Cross references.

- Recorded vote required in General Assembly elections, Ga. Const. 1983, Art. III, Sec. IV, Para. X.

Editor's notes.

- Ga. L. 1983, p. 494, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement certain changes required by Article III, Section IV, Paragraph X of the Constitution of the State of Georgia."

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 154 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 38.

C.J.S.

- 81A C.J.S., States, §§ 92, 93.


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