Vacancies in the office of county treasurer shall be filled as are vacancies in other county offices.
(Orig. Code 1863, § 519; Code 1868, § 583; Code 1873, § 545; Code 1882, § 545; Civil Code 1895, § 451; Civil Code 1910, § 567; Code 1933, § 23-1027.)
OPINIONS OF THE ATTORNEY GENERAL
How construed.
- Language "vacancies are filled as vacancies in other county offices" should be construed to mean how a majority of vacancies in county offices are filled and, of course, this leads to the provisions provided for the filling of vacancies in the office of clerk of the superior court. 1957 Op. Att'y Gen. p. 58.
Hold-over prevents a vacancy. 1957 Op. Att'y Gen. p. 58.
Procedure in event of incapacity of county treasurer.- There appears to be no Code provision authorizing the appointment of an "acting" county treasurer to serve in place of the elected treasurer until an incapacity of the current official ends. 1985 Op. Att'y Gen. No. U85-30.
Judge of the probate court can appoint a qualified person to carry out the duties of county treasurer if an incapacity has been established. If the vacancy was to last more than six months (and prior to the time for the regular election of the county treasurer), the probate court then would have to call for a special election to fill the unexpired term of the former county treasurer, pursuant to former O.C.G.A. §§ 15-6-54(b) and15-6-56. 1985 Op. Att'y Gen. No. U85-30.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, §§ 88, 105 et seq.
C.J.S.- 20 C.J.S., Counties, § 163. 67 C.J.S., Officers and Public Employees, § 161 et seq.