§ 7.06. Recall election, grounds for; procedure.

The mayor and any member of the city council and any member of the Cartersville School Board may be recalled from office for malpractice or misconduct in office or gross neglect of the duties of the office in the following manner:

A petition shall be filed with city clerk containing the signatures of not less than thirty (30) percent of the whole number of those registered to vote at the general election for officers next preceding, calling for an election for the recall of the member or members of the board therein named. All signatures must be personal, or by mark with witnesses, and if more than one (1) sheet is used, they shall be bound together when offered for filing, and each sheet shall be numbered consecutively beginning with number one (1), at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the person circulating such sheet setting forth that the signatures are all genuine and those made by mark are placed there at the request and in the presence of such signer, and shall contain a general statement of the general grounds upon which the recall is sought, the truth of which shall be supported by the affidavit, upon information and belief of one (1) or more of the signers. Within fifteen (15) days after the filing of such petition, excluding Sundays, the registrars shall compare the names appearing on the petition with the said registration books to determine if the petition contains the requisite thirty (30) percent of such registered names. If it be found that the petition does not contain the requisite number of such names, it shall be returned within seven (7) days, Sundays excepted, to the person or persons from whom received with a written statement with the number of names lacking. Within five (5) days after its return, Sundays excepted, the required number of additional names may be secured, and the petition re-presented together with the same affidavit prescribed for the original petition as to the signatures. If after again comparing the petition with the added names with the registration book it be found to contain the requisite thirty (30) percent of those registered, a special referendum shall be held not less than thirty (30) nor more than sixty (60) days thereafter to determine whether or not the member or members of the governing authority in question shall be recalled. If after comparing the petition with the added names, as above stipulated with the registration book it be found it still lacks the required number of registered names, it shall be returned to the person from whom received with a written statement of the fact, with the date of the return written thereon, and no election shall be held; and in this event, and in the event an election is had failing to result in the recall of the member or members of the governing authority in question, no like petition shall be received for the recall of any member of the governing authority within six (6) months from the date of the election in the one (1) case, and the last return of the petition by the registrars in the other, and in no case shall a petition be filed for the recall of any member of the governing authority who shall not have been in service upon his or their present term of office for six (6) months. If the majority of those voting in the recall election, vote for the recall of any member or members of the governing authority, he or they shall vacate office as soon as his or their successor or successors are elected and qualified.

Upon the recall of any member or members of the governing authority a special election shall be held as provided in the Georgia Municipal Election Code to elect his or their successor or successors. In such election no new registration of voters shall be had, but only those registered for the recall election and otherwise qualified shall be qualified to vote in such election. Every person desiring to become a candidate in the election provided for in this section shall file a notice of candidacy and pay his qualification fee, if any, as provided by law.

Editor's note

Recall is now governed by O.C.G.A. § 21-4-1 et seq.