Robert Horgan recall, Fayette County, Georgia, 2009

* Recall efforts
* Recall efforts by state
* Recall efforts by office
* Recall efforts by year
* Upcoming recall elections
* Local recalls
* City council recalls
* Mayoral recalls
* County commission recalls
* County official recalls
* School board recalls
* Sheriff recalls
* Special district recalls
* State and federal recalls
* State executive recalls
* State legislator recalls
* U.S. Congress recalls
* Laws governing recall
* States that have pre-petition signature requirements for recalls
* States that require grounds for recalls
* Analysis
* What are recalls?
* Recall terms
* Analysis (2010-present)
* 2025 year-end analysis
* 2025 mid-year analysis
* 2024 year-end analysis
* 2024 mid-year analysis
* 2023 year-end analysis
* 2023 mid-year analysis
* 2022 year-end analysis
* 2022 mid-year analysis
* 2021 year-end analysis
* 2021 mid-year analysis
* 2020 year-end analysis
* 2020 mid-year analysis
* 2019 year-end analysis
* 2019 mid-year analysis
* 2018 year-end analysis
* 2018 mid-year analysis
* 2017 year-end analysis
* 2017 mid-year analysis
* 2016 year-end analysis
* 2016 mid-year analysis

Fayette County Commission recall

Officeholders
Robert Horgan
Recall status
Did not go to a vote
See also
Recall overview
Political recall efforts, 2009
Recalls in Georgia
Georgia recall laws
County commission recalls
Recall reports

A campaign to recall Robert Horgan from his position as a county commissioner in Fayette County, Georgia was launched in July 2009.[1] The effort did not result in a recall election being forced, and as of mid-2010, Horgan was still on the Fayette County Commission.[2]

At the time the recall effort was announced, Horgan had most recently been re-elected to a four-year position on the Fayette County Commission in November 2008 with his term scheduled to end in 2012.

Supporters of the recall asserted that Horgan had violated his oath of office and committed an act of misconduct.[3] These charges were made after Horgan was arrested on a misdemeanor charge of possession of marijuana.[4]

In August 2009, the recall effort was placed on hold after Horgan took the case to court. Horgan argued that the recall petition draws no connection between the marijuana arrest and his work as a commissioner.[5]

On August 28, 2009 Superior Court Judge A. Quillian Baldwin ruled that the recall petition was insufficient on the basis that Horgan's marijuana arrest was not related to his position in office.[6]

## Contents

* 1 Recall supporters
* 1.1 Marijuana arrest
* 1.1.1 Ethics hearing
* 2 Response to recall
* 3 Path to the ballot
* 4 Lawsuit to stop recall
* 4.1 Ruling
* 5 See also
* 6 External links
* 7 Footnotes

## Recall supporters[edit]

The recall effort was chaired by Robert J. Ross, a Peachtree resident. Former county commissioner Harold Bost supported the recall effort.[1]

### Marijuana arrest[edit]

Commissioner Horgan was arrested on Saturday, May 23, 2009, after being pulled over for an expired license plate tag. During the routine traffic stop a small amount of marijuana was found in the vehicle. Horgan was charged with a misdemeanor of possession of marijuana and driving with an expired tag. At the time of the arrest Horgan admitted that he had smoked marijuana while driving, according to the incident report.[3]

#### Ethics hearing[edit]

On September 28, 2009, Horgan was found guilty of three charges filed against him in light of the May 23 marijuana arrest. Horgan was found in violation of: not upholding the U.S. Constitution and state laws and unbecoming conduct. Horgan was found not in violation of attempting to solicit a bribe after he was placed in the back of the patrol car and asked "if there was anything that we could do to resolve this right here, right now!" Horgan faced about $1,000 in fines by the Ethics Commission. Additionally, Horgan faced misdemeanor charges for marijuana possession.[7]

## Response to recall[edit]

In reaction to the recall and the related arrest Horgan said, "Since I decided not to resign, I will do everything I can to fight this."[8]

## Path to the ballot[edit]

Recall supporters would have had to collect a minimum of 21,454 signatures, 30 percent of registered voters, if the judge who ruled on their petition had allowed it to go forward.[9]

On July 29, 2009 recall supporters submitted an official recall application as a first step that listed 540 recall sponsors. As per the laws governing recall in Georgia, supporters were required to collect signatures from a minimum of 100 registered voters.[9]

## Lawsuit to stop recall[edit]

According to the brief filed with the court by Horgan's attorney, as Horgan sought to stop the recall:

* The petition lacks pertinent details surrounding the marijuana charge, including whether or not it occurred while Horgan was conducting business as a county commissioner.
* The petition/recall application doesn't say whether the marijuana arrest was “in any way related to his office”.
* The petition doesn’t include a copy of the citations Horgan was given in connection with the case.
* The recall application doesn't include a copy of the oath of office Horgan is alleged to have violated.

### Ruling[edit]

On August 28, 2009 Superior Court Judge A. Quillian Baldwin ruled that the recall petition was insufficient on the basis that Horgan's marijuana arrest was not related to his position in office. However, Judge Baldwin warned Horgan that as the criminal case moves forward he might be forced to resign as a condition of his probation.[6]

## See also[edit]

* Recall campaigns in Georgia
* Political recall efforts, 2009
* Ethics panel rules against Fayette County commissioner
* County commission recalls

## External links[edit]

* Commissioner Robert Horgan county website
* The Committee to Recall Robert Horgan
* Recall Robert Horgan
* Recall Robert Horgan Facebook page

## Footnotes[edit]

1. ↑ 1.0 1.1 The Citizen, "Horgan recall hearing set for Friday," August 26, 2009 (dead link)
2. ↑ List of Fayette County Commissioners, accessed April 25, 2010
3. ↑ 3.0 3.1 The Citizen, "Commissioner Horgan’s suit challenges recall effort as ‘misleading’," August 4, 2009
4. ↑ Committee to Recall Robert Horgan, "Commissioner Robert Horgan Files Motion Questioning Legality of Recall," August 4, 2009 (dead link)
5. ↑ The Atlanta Journal-Constitution, "County official in pot bust fights recall effort," August 5, 2009
6. ↑ 6.0 6.1 The Citizen, "Horgan recall effort dies in court," August 28, 2009
7. ↑ The Citizen, "Ethics panel decides against Horgan, takes no action," September 28, 2009 (dead link)
8. ↑ Fayette Daily News, "Horgan challenges recall in court," August 4, 2009
9. ↑ 9.0 9.1 Fayette Daily News, "Group takes first step to recall Horgan," July 30, 2009

Political recall elections

Recalls
by year

Upcoming recalls • 2026 • 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 • 2016 • 2015 • 2014 • 2013 • 2012 • Historical recalls • Recall statistics and analysis

Recalls
by office

Governors • State legislators • County officials • County commission • Sheriffs • Mayors • City officials • City council • School board • Special district

Recalls
by state

Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • District of Columbia • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Recall
laws

Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Kansas • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Rhode Island • South Dakota • Tennessee • Texas • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming • States that require grounds for recalls • States that have pre-petition signature requirements for recalls

v • e

2009 recall campaigns

Mayors|

Sam Adams • Martha Andrus • Dan Cort • Carty Finkbeiner • Mark Funkhouser • Steve Hunter • Eric Perrodin • Don Plusquellic • Eddie Price • Bernard Russell • Ernie Troiano • "Sal" Vega • Matt White • Don Williamson

* * *

City council|

Ashtabula City Council, Ohio • George Barich, California • Mike Cone, Wisconsin • Bill Davenport • Buena Vista, Colorado • Golden City Council, Colorado • Hondo City Council, Texas • Kent City Council, Ohio • Jerry Kern • Madison Nguyen • Jackie Poplar • San Fernando City Council, California

* * *

School board|

Alameda Unified School District, California • Big Oak Flat-Groveland Unified School District, California • Gladstone School Board, Michigan • Jesus Velazquez, Alisal Union • Westwood Heights School District, Michigan • Greg Wilkinson • Tehachapi, California

* * *

County officials|

Bill Postmus • Julia Moeller • Don Munsterman • Kevin Stufflebean • Monroe County Commissioners (Wisconsin) • Ann Samuelson

* * *

Sheriff|

Daryl Anderson • Wally Krenzke • Deborah Trout

* * *

Special district|

Evermore Community Improvement District, Georgia • Jim Schneider • Lyle Turner • Cowlitz County PUD Commissioners • Fraser Valley Rec Board, Colorado

* * *

State legislative|

Anthony Adams • Roy Ashburn • Jim Silva • Abel Maldonado • Jeff Miller

v • e

State of Georgia
Atlanta (capital)

|

Elections |

What's on my ballot? | Elections in 2026 | How to vote | How to run for office | Ballot measures

Government |

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy