Fayette County Commissioner Robert Horgan is asking a superior court judge to quash an effort by some local residents to kick him out of office.

A petition asking for the recall application to be “ruled insufficient” was filed on Horgan’s behalf in Superior Court Friday afternoon, less than two days after the citizen’s group filed the 500-plus signature application with the Fayette County Board of Elections.

Horgan was arrested Saturday, May 23, by a Fayette County deputy sheriff on misdemeanor charges of possession of marijuana and driving with an expired tag. After first telling the sheriff’s deputy he had nothing illegal in the vehicle, Horgan admitted on the scene that he had smoked marijuana while driving the truck, according to the incident report.

As various critics have lambasted him at commission meetings ever since his arrest, Horgan has remained silent and offered no comment.

The recall application alleges that Horgan both violated his oath of office and committed an act of misconduct.

Horgan’s Superior Court petition challenges the recall on several aspects, chiefly the fact that it lacks any pertinent details surrounding the marijuana charge, including whether or not it occurred while Horgan was conducting business as a county commissioner.

Horgan also contends the recall application fails to state whether his arrest was “in any way related to his office” and doesn’t include a copy of the citations he was given in connection with the case. The filing also notes that the recall application didn’t include a copy of the oath of office he is alleged to have violated.

“Without the foregoing facts or documents, included in the application, those deciding whether or not to sponsor the application would have insufficient information and may be misled as to the circumstances of the facts to make an informed decision,” Horgan’s recall petition states.

The petition was filed on Horgan’s behalf by local attorney Christy Jindra.

Under Georgia law, the chairman of the recall effort will bear the burden of proof during a later court hearing on the matter. The recall effort is chaired by Peachtree City resident Robert J. Ross, who is also being assisted behind the scenes by former county commissioner Harold Bost.

The petition challenging the recall application will be heard by a superior court judge from outside the Griffin Judicial Circuit, which includes Fayette, Spalding, Pike and Upson counties.

A special prosecutor and special state court judge will be appointed to handle the criminal case on Horgan, who was arrested on the side of the road and later bonded out of jail.

Should the recall effort be allowed to continue, the recall committee will have 45 days in which to gather 21,454 signatures of Fayette voters who were registered to vote in last year’s election. If that goal is met, the list must then be verified by the elections office before a recall vote can be scheduled.

If voters remove Horgan from office, a second vote will be required at a later date to elect a replacement. Even under those circumstances, Georgia law allows Horgan to run in the special election to determine who will be elected to his post 1 seat.

Horgan is one of five county commissioners, all of whom are elected at-large, meaning all county voters may vote on each individual seat. This is unlike traditional district voting where only persons in a given district may vote for one candidate to represent them.