Recall in the State of Georgia 101

Today Gray Beverly in the Macon Telegraph reviews "the law" for recalling a public official in Georgia.

A group of Macon residents wanting to recall Mayor Jack Ellis will need to convince a judge that its complaints against the mayor fit one of the five categories set out under state law.

But it's up to voters to decide if the complaints are true.

Under the state's recall law, there are five grounds for removing a public official from office:

• committing an act of misconduct;

• malfeasance - generally defined in law simply as a "wrongful" act;

• failing to perform his or her legal duties;

• violating oath of office;

• willfully misusing public property or funds without authority.

The recall law does not define those terms in detail; it would be up to a Superior Court judge to decide whether the allegations, if true, would fit one of those categories, then up to voters to judge whether the complaints are valid.

The process involves an intricate list of tasks, including validating thousands of signatures and, in many cases, approval from a Superior Court judge.

[T]he judge likely would assume that the allegations in the petition application are true. He or she must decide whether they are clear, specific and, if true, would constitute grounds for removal.

The recall would then require a petition signed by 30 percent of the registered voters from the previous mayoral election - roughly 14,700.

Finally, a majority of voters would have to agree to remove Ellis from office.

In 1978, Georgia voters approved a constitutional amendment allowing recalls; state law overrides any local recall measures.