The question of who is the lawful Governor of this state may not be tried by quo warranto, but the writ of quo warranto will lie to all other civil or military officers.
§ 9-6-61.Writ lies against civil and military officers; Governor exempt
Chapter 6. Extraordinary Writs · Article 4. Quo Warranto · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-6-61 makes quo warranto available against any civil or military officer in Georgia but carves out one exception: courts may not use the writ to try the question of who is the state’s lawful Governor.
Full Text of § 9-6-61
Plain-English Summary
Having defined what quo warranto tests, this section marks the boundary of who can be tested. The writ reaches civil officers and military officers alike — a broad sweep that covers most positions of public authority in Georgia, elected or appointed, uniformed or civilian.
One office sits outside that reach. The section says the question of who is the state’s lawful Governor may not be tried by quo warranto. Every other civil or military officer remains fair game for the writ; the Governor’s office alone is carved out.
The distinction reflects the office’s stature: a dispute over the governorship touches the whole state and its chain of command, and this statute keeps that particular question off the quo warranto track while leaving the writ available for the far larger universe of civil and military positions where competing claims to office arise.
Frequently Asked Questions
Which officeholders can be challenged through the writ described in this section?
All civil or military officers other than the Governor.
Can quo warranto be used to decide who is Georgia’s lawful Governor?
No. The section says that question may not be tried by quo warranto.
Does this section treat military officers differently from civil officers for coverage purposes?
No. It groups them together, stating that the writ lies against civil officers and military officers alike, without drawing a distinction between the two for purposes of who can be reached.
Is the Governor exempt from every kind of legal challenge to the office, according to this section?
The section addresses only quo warranto; it states that the lawful-Governor question may not be tried by that particular writ, without speaking to any other legal proceeding.
Are other statewide officers, aside from the Governor, covered by this section’s writ?
Yes. The section states that the writ lies against all other civil or military officers, with the Governor as the only named exception.
Amendment History
Orig. Code 1863, § 3134; Code 1868, § 3146; Ga. L. 1871-72, p. 41, § 1; Code 1873, §§ 3202, 3206; Ga. L. 1875, p. 104, § 1; Code 1882, §§ 3202, 3206, 3208a; Civil Code 1895, §§ 4877, 4881, 4883; Civil Code 1910, §§ 5450, 5454, 5456; Code 1933, §§ 64-208, 64-209.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia quo warranto governor exceptioncan you challenge governor of georgia quo warrantowhich officers are subject to quo warranto georgiacivil and military officers quo warranto georgia