By Elliott Brack
Editor and Publisher, GwinnettForum
FEB. 23, 2021 | The Constitution of the State of Georgia has certain provisions in it that give protection to those of us who elect public officials.
When someone is elected to office, but begins to stir trouble, or acts untoward in that office, the Constitution says that these people may be voted out of office through a “recall” election.
However, undertaking a recall election is not to be taken lightly. Not only that, it is almost impossible to vote someone out of office.
We have been thinking of the people in the 14th Congressional of Georgia. They elected Marjorie Taylor Greene to Congress, in spite of her campaign filled with allegations that chilled many people. Her QAnon activities seemed out of place, even in right-wing Republican circles.
However, to recall Rep. Greene or any other public official whose actions disrupt the routine, is not easy, as it should be. After all, since the official was duly-elected by the people, it should be difficult to unseat elected officials. But it can happen.
Ballotpedia (on the Internet) has an explanation of recall. Recall is found in Georgia laws in Article II, Section II, Paragraph IV of the Constitution.
Here’s why the voters may recall officials, if the official acts in untoward manners:
- an act of malfeasance or misconduct while in office,
- a violation of the oath of office,
- fails to perform duties prescribed by law, or
- willfully misusing, converting, or misappropriating, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed.
Now here’s what has to happen in such an instance. For a statewide official, those seeking to recall someone must obtain signatures of 15 percent of the number of electors who were registered and qualified to vote in the preceding election for that office. One/15th of the signatures must be from each Congressional district, that alone making securing such signatures mighty tough to recall a statewide official.
Or for local offices or state officers whose election districts encompass a part of the state (such as a Congressional district), it is even more difficult, in that the canvassers must get 30 percent of the “electors” qualified to vote in the past election. One more element making recall difficult: once signature petitioning begins, this must be completed within 90 days!
Whew! Whew! That’s a lot of people signing a petition in a short period of time And remember that each petitioner’s signature must be exactly as it is recorded at voter registration. Many people might not remember exactly just how they were registered. (A smart canvasser for petitions might have the local registered voters downloaded on his telephone to help signers get their registered signature correct.)
Therefore, in effect, though the Georgia Constitution protects the voters when bad public officials get elected, and though by law it’s possible to recall officials, it is most difficult. It is scant protection of the people from bad officials. The people are most likely stuck with that official until the end of that term of office. And even then, they could even get re-elected!
There’s one more element; recall petitions can cause a lot of consternation among people within that district, unofficially splitting the district. It becomes similar to a Hatfield-McCoy feud, and can poison a society.
Yet it’s still a protection—though a far-out one, for the citizens when bad or incompetent people get elected to offices.
Thanks to Lee Klaer of Duluth, who recommended we talk to Michel Fraiz, who authored the book about Africa we wrote about in the last issue. We failed to recognize Lee for his suggestion. We depend on various people in Gwinnett like Lee to guide us to people and activities of the county. We appreciate all of the many contributors.
- Have a comment? Send to: elliott@brack.net
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