Title 21, Chapter 4, Section 5
(a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3.
(b)(1) The application shall include:
(A) The name and office of the person sought to be recalled;
(B) The printed names and signatures of the official sponsors,
the date signed, residence addresses, and the name of the county
(C) The designation of one of the sponsors as the petition
chairperson who shall represent the sponsors on all matters
pertaining to the recall application and petition;
(D) A statement that: _______________________ (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and
(E)(i) An affidavit by the petition chairperson and the person
circulating such recall application that each person
sponsoring or signing such recall application is an elector of
the electoral district of the officer sought to be recalled
and that the fact or facts upon which the ground or grounds
for recall are based are true.
(ii) The affidavit required by division (i) of this
subparagraph shall be in the following form:
AFFIDAVIT OF CIRCULATOR
AND PETITION CHAIRPERSON
State of Georgia
County of ______
Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, we the undersigned do depose and say that each person sponsoring or signing the recall application of _______________________ is an elector of the electoral district of the officer sought to be recalled and further depose and say that the fact or facts upon which the ground or grounds for recall are based are true.
(Signature of circulator)
(Number and street or route)
(Signature of petition
(Number and street or route)
Subscribed and sworn to
before me this ______
day of ______________, ____.
My commission expires on the ______ day of ______________,
No notary public may sign the application as an elector or serve
as a circulator of any application which he or she notarized. Any
and all sheets of an application for a recall petition that have
the circulator's affidavit notarized by a notary public who also
served as a circulator of one or more sheets of the application
for a recall petition or who signed one of the sheets of the
petition as an elector shall be disqualified and rejected.
(2) Applications shall be issued by the election superintendent
who shall assign a number to each application. Such number shall
appear on the face of each application. The election
superintendent shall keep records of applications issued,
including the date of issuance and number assigned. The election
superintendent shall immediately notify in writing the public
officer named for recall in the application that an application
for a recall petition has been officially issued for circulation.
(3) The official application forms shall be printed by the office
of the Secretary of State in substantially the form prescribed in
this subsection and distributed to election superintendents.
(c) The number of official sponsors necessary to file an application
for a recall petition must be equal in number to at least 100
electors or equal in number to at least 10 percent of the number of
electors who were registered to vote at the last preceding election
for any of the candidates offering for the office held by the public
official sought to be recalled, whichever is smaller.
(d) Sponsors of a recall petition, before causing the petition to be circulated, shall submit the application for the petition to the election superintendent designated in Code Section 21-4-3 and request official recall petition forms.
(e) At any time prior to the date the election superintendent receives the application for a recall petition, an elector who has signed the application as an official sponsor may request withdrawal of his or her signature from the application by executing and filing an affidavit signed and sworn to before a notary public which affirms the elector's intention to withdraw his or her signature from the application. The official affidavit of signature withdrawal shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the affidavit shall be substantially as prescribed in Code Section 21-4-9.
(f)(1) No application for a recall petition shall be accepted for
verification if more than 15 days have elapsed since the
application forms were issued to the sponsors. If an application
for a recall petition contains more than one sheet, such
application, when offered for filing, shall be bound together and
each sheet shall be numbered consecutively at the foot of each
page beginning with page one.
(2) On receipt of the application, the election superintendent
shall file the application and proceed to determine the legal
sufficiency of the application and determine if the signers are
qualified electors eligible to sign the application. The election
superintendent is granted unrestricted authority to examine the
registration records maintained by the board of registrars, to
receive evidence and testimony, and to require the personal
appearance of any person signing such application for the purpose
of making such determination. If the election superintendent finds
that any signer is not a qualified elector eligible to sign the
application, such signature shall not be counted in determining
whether the application contains a sufficient number of signatures
as required by law. The nullification of a signature on an
application shall not affect the validity of other signatures
contained in such application. The election superintendent shall
certify the legal sufficiency or insufficiency of the application
for a recall petition within five days after receiving the
application, excluding Saturdays, Sundays, and legal holidays;
provided, however, that the judge of the superior court may, upon
proper application and good cause shown, grant an additional
period of time not to exceed 15 days for the election
superintendent to verify the application.
(3) The election superintendent shall immediately notify in
writing the public officer named for recall in the application
that a completed application for a recall petition has been filed
with the election superintendent for verification.
(g) No application for a recall petition shall be amended,
supplemented, or returned after it has been filed with the election
superintendent for verification.
(h) Upon certifying the legal sufficiency of the application, the
election superintendent shall immediately officially file the
certification of the application, issue official recall petition
forms, assign a number to the recall petition, which number shall
appear on the face of each petition form, and issue that number to
the sponsors. A record of each application, including the date of
its receipt and the number assigned and issued to the sponsors,
shall be maintained by the election superintendent.
(i) The election superintendent shall immediately notify in writing
the public officer named for recall in the application that a recall
petition has been officially issued for circulation.
(j) The official recall petition forms shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the petition shall be as provided in Code Section 21-4-7.