§ 21-2-503 - Issuance of commission to person whose election is contested; procedure upon finding that person to whom commission was issued was not legally elected
               	 		
O.C.G.A.    21-2-503   (2010)
    21-2-503.    Issuance of commission to person whose election is  contested; procedure upon finding that person to whom commission was  issued was not legally elected 
      (a)  A  commission which is to be issued, as provided for by this chapter, to  any person elected to any office shall be issued notwithstanding the  fact that the election of such person to any such office may be  contested in the manner provided by this chapter. Whenever it shall  appear, by the final judgment of the proper tribunal having jurisdiction  of a contested election, that the person to whom such commission shall  have been issued has not been elected legally to the office for which he  or she has been commissioned, then a commission shall be issued to the  person who shall appear to be elected legally to such office. The  issuing of such commission shall nullify the commission already issued;  and all power and authority first issued under such commission shall  thereupon cease.
(b)  A person elected to a  municipal office may be sworn into office notwithstanding that the  election of such person may be contested in the manner provided by this  chapter. Upon the final judgment of the proper tribunal having  jurisdiction of a contested election which orders a second election or  declares that another person was legally elected to the office, the  person sworn into municipal office shall cease to hold the office and  shall cease to exercise the powers, duties, and privileges of the office  immediately.