Procedure When Election Fails to Fill Office; Procedure in Event of Vacancy

  1. Law
  2. Georgia Code
  3. Local Government
  4. County Surveyor
  5. Procedure When Election Fails to Fill Office; Procedure in Event of Vacancy

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  1. Whenever an election fails to fill the office of county surveyor, the judge of the probate court shall appoint a person to serve as the county surveyor until a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office.
  2. In the event that a vacancy occurs in the office of county surveyor, the judge of the probate court shall appoint a person to serve for the unexpired term of office and until his successor is duly elected and has qualified.

(Orig. Code 1863, § 544; Code 1868, § 608; Code 1873, § 567; Code 1882, § 567; Civil Code 1895, § 474; Civil Code 1910, § 592; Code 1933, § 23-1102; Ga. L. 1969, p. 350, § 1; Ga. L. 1988, p. 586, § 3.)

Editor's notes.

- Ga. L. 1988, p. 586, § 7, not codified by the General Assembly, provided that the 1988 amendment of this Code section applied to any vacancy occurring on or after March 30, 1988.

JUDICIAL DECISIONS

Cited in Williams v. Richmond County, 241 Ga. 89, 243 S.E.2d 55 (1978).

OPINIONS OF THE ATTORNEY GENERAL

Authority of judge of the probate court.

- Former Code 1933, §§ 21-101 and 21-102 (see now O.C.G.A. §§ 45-16-1 and45-16-2), when read in light of former Code 1933, § 23-1102 (see now O.C.G.A. § 36-7-3), designated the judge of the probate court as the proper authority to fill vacancies occurring in the county office of coroner absent special laws directing that this function be fulfilled by some other authority. 1978 Op. Att'y Gen. No. 78-58.

RESEARCH REFERENCES

C.J.S.

- 20 C.J.S., Counties, § 163 et seq. 67 C.J.S., Officers and Public Employees, §§ 47, 161 et seq.


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