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What are Georgia's legal requirements for calling a special election to fill a U.S. House vacancy?
Executive summary
Georgia law requires the governor to call special elections to fill U.S. House or state legislative vacancies; for state legislative seats, when a vacancy occurs between 60 days before the November general election and the next legislative session the governor must order a special election within 10 days, and the special election must be held no sooner than 30 days and no later than 60 days after the governor’s call (Ballotpedia summary of Georgia law) [1]. Recent practice shows the Georgia Secretary of State issuing formal “Call for Special Election” notices that set qualifying windows, advance voting dates and possible runoff dates for those state-seat vacancies [2] [3] [4].
1. Constitutional trigger and who acts
The U.S. Constitution assigns to the state’s governor the duty to provide for special elections to fill U.S. House vacancies; reporting cites this as the constitutional trigger for a gubernatorial call [5]. For state legislative vacancies, Georgia practice likewise centers on an executive call — the Georgia Secretary of State publishes formal notices after the vacancy is announced and the call is issued [2] [3] [4].
2. Timing rules cited for state legislative vacancies
Ballotpedia’s summary of Georgia law states a specific timing rule: if a vacancy occurs between 60 days before the November general election and the next legislative session, the governor is required to order a special election within 10 days; that special election must then be held no less than 30 days and no later than 60 days after the governor calls for it [1]. Recent Secretary of State announcements show special elections scheduled within those windows and include runoff dates when required [3] [4].
3. How the call is formalized and what it contains
The Georgia Secretary of State’s office publishes “Call for Special Election” notices that name the office, counties involved, election date, qualifying dates and location, voter registration deadlines, advance voting start dates, and runoff contingency dates. Examples include calls for House District 106, 23 and 121, and Senate District 35, each listing qualifying periods, registration cutoffs and advance-voting schedules [2] [3] [4] [6].
4. Who conducts the election and runoff mechanics
Ballotpedia notes that counties representing the vacant district are responsible for conducting the election after the governor’s call [1]. Secretary of State notices similarly coordinate county-level details (poll times, precincts, absentee rules) and explicitly provide runoff dates when no candidate obtains a required majority — for example, special runoffs scheduled for January after December special elections are listed in several calls [3] [4] [7].
5. Recent practice: examples from 2025
In 2025 multiple special elections were announced by state election authorities: Secretary Raffensperger posted calls for House Districts 106, 23 and 121 with December election dates and January runoff contingencies [2] [3] [4]. Local election authorities (e.g., Athens-Clarke County) then published voter registration deadlines, sample ballot timing and absentee request dates tied to those statewide calls [7].
6. What available sources do not say (limits of reporting)
Available sources in this set do not provide the full statutory text for U.S. House special-election timing in Georgia, nor do they quote the specific Georgia Code sections governing federal vacancies; they also do not specify every procedural detail (filing fees, exact petition or qualifying forms) for candidates in federal special elections — those specifics are not found in the current reporting (not found in current reporting). The Ballotpedia summary focuses on state legislative timing rather than detailing the statutory mechanics for U.S. House vacancies in Georgia [1].
7. Competing perspectives and implicit agendas
Official notices from the Secretary of State are administrative and procedural, emphasizing dates and logistics [2] [3] [4]. Ballotpedia’s synopsis interprets statutory timing rules and frames them in a public-policy context about how vacancies are filled [1]. Local news coverage (Georgia Recorder) highlights the constitutional role of the governor and political implications of a vacancy [5]. Each source carries an implicit agenda: state notices aim to inform and fulfill legal notice requirements (administrative transparency), Ballotpedia aims to summarize law and practice for voters, and local reporting tends to emphasize political consequences of vacancies.
8. Bottom line for someone watching a U.S. House vacancy in Georgia
Expect the governor to set the special election date; official notices will follow from the Secretary of State that specify qualifying windows, registration deadlines, advance voting dates and any runoff schedule; county election offices implement the election once the statewide call is made [5] [2] [1]. For precise filing requirements, statutory text, or the schedule that governs U.S. House vacancies specifically, available sources do not mention the exact Georgia Code language or detailed candidate-filing mechanics and you should consult the Secretary of State’s Elections Division or the Georgia Code directly (not found in current reporting).