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VERIFY: What are Georgia's laws for removing elected officials from office?

There are several ways to do it

MACON, Ga. — Over the past few years, Central Georgia has seen several local elected officials end up on the wrong side of the law.

In early 2018, Macon County Sheriff Charles Cannon Junior was suspended after he was indicted for grabbing a woman inappropriately.

In October of 2018, Crisp County commissioner Arthur James Nance Jr. was charged with pandering and solicitation in connection with a Fort Valley State University sex scandal. He's still in office, the Crisp County commission secretary confirmed Friday.

Early Friday morning, Macon-Bibb county commissioner Virgil Watkins was arrested in downtown Macon for driving under the influence.

They all deal with the justice system, but what happens to their positions in office?

The answer is that it depends. Georgia law lays out at least two ways for the public to hold elected officials accountable for misconduct.

The first is handled by the governor.

According to the Georgia Municipal Association's Handbook for Mayors and Councilmembers, if a local elected official is indicted by a grand jury, they can be suspended by the governor if a special commission recommends it.

That special commission is typically made up by the state attorney general and two other elected officials with similar positions from other areas.

Georgia law also gives citizens the power to hold their leaders accountable.

"Elected officials can be recalled," said Jim Elliott.

After decades of service as Warner Robins' city attorney and years of lecturing on the topic around the state, Elliott is an expert on municipal law.

The Georgia Municipal association agrees with his assertion but adds that the circumstances where a recall is allowed are limited.

Still, Elliott says a DUI, in theory, could be enough to allow a group of citizens to initiate recall procedures if they wanted to.

"I think so, yeah," he said.

But when asked how likely that would be, he said "very unlikely."

Elliott says most cities and counties also have their own rules explaining how to remove local elected officials. 

Macon-Bibb County spokesperson Chris Floore says the county has reviewed theirs and "it appears these charges would not keep (Commissioner Watkins) from serving."

At the time this story was posted, Watkins had not returned WMAZ's request for comment.

Macon County Sheriff Cannon returned to office after serving his suspension. He died soon after returning to work.

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