MITCHELL v. WILKERSON

45899, 46027, 46028, 46029, 46051, 46052.

258 Ga. 608 (1988)

372 S.E.2d 432

MITCHELL v. WILKERSON. FOLDEN v. KENNEDY et al. ROWE v. KENNEDY et al. GARNER v. KENNEDY et al. NEELY v. PARKER et al. AMOS v. PARKER et al.

Supreme Court of Georgia.

Reconsideration Denied October 26, 1988.


Attorney(s) appearing for the Case

Rod G. Meadows, Richard D. C. Schrade, Jr., Kendric E. Smith, for Wilkerson.

Byrd & Anthony, Charles W. Byrd, Garland T. Byrd, for Folden, Rowe, Garner, Neely, Amos.

Jerry Willis, D. Ray McKenzie, Jr., for Kennedy et al.

Frank J. Jordan, Jr., Hatcher, Stubbs, Land, Hollis & Rothchild, Clay D. Land, for Parker et al.


CLARKE, Presiding Justice.

Each of these cases involves recall elections and in each case the officeholders attack the constitutionality of the recall statute. The trial court held the statute constitutional. We disagree and reverse.

In 1978, the Georgia Constitution was amended to authorize the General Assembly to provide by general law for the recall of public officials who hold elective office. The amendment also states, "The procedures, grounds, and all...

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