Georgia-2009-HB114-Introduced

To amend an Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. 2003, p. 4397), so as to change the terms of office of the members of the town council from concurrent to staggered terms of office; to provide for continuation in office of certain current councilmembers; to provide for election and terms of office of subsequent councilmembers; to clarify certain requirements regarding the election of the mayor and members of the town council; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. 2003, p. 4397), is amended by revising Section 2.11 as follows:

"SECTION 2.11.
Town council terms and qualification for office.

Except for initial two-year terms of office for Posts 1 and 2 from January 1, 2010 through December 31, 2011, in order to implement staggered terms of office, the members of the town council shall serve for terms of four years and until their respective successors are elected and sworn in. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the town for 12 months prior to the date of qualification for the election or mayor or councilmember, as the case may be. Each such official shall continue to reside in the town during his or her period of service and continue to be registered and qualified to vote in municipal elections of the town."

Said Act is further amended by revising Section 2.27 as follows:

"SECTION 2.27.
Election of mayor; forfeiture; compensation.

The mayor must receive a plurality of votes cast for that office in the entire town and shall serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of the town and shall have been a resident of the town of 12 months prior to his or her qualification for his or her election. The mayor shall continue to reside in this town during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers."

Said Act is further amended by revising Section 5.11 as follows:

"SECTION 5.11.
Election of mayor and councilmembers.

(a) There shall be a municipal general election on the Tuesday following the first Monday in November, 2009, and every two years thereafter.

(b) The mayor and those members of the town council who are serving as such on December 31, 2008, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office.

(c) For purposes of electing members of the town council, other than the mayor, the Town of Newborn is divided into four posts to be designated Post No. 1, Post No. 2, Post No. 3, and Post No. 4. Any person seeking election to the town council shall designate the town council post to which he or she seeks election and shall seek election only to the post so designated. The provisions of this section shall not be construed as requiring the division of the territory of the town into council districts or the establishment of council districts. Any person seeking election as a member of the town council must receive a plurality of votes cast for that office in the entire town.

(d) The mayor and the members of the town council shall be elected as provided in this subsection. The first members from Post No. 1 and Post No. 2 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2009. Those members of the town council elected thereto from Post No. 1 and Post No. 2 in 2009 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2011, and upon the election and qualification of their respective successors. The first members from Post No. 3 and Post No. 4 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2009. The mayor and those members of the town council elected thereto from Post No. 3 and Post No. 4 in 2009 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2013, and upon the election and qualification of their respective successors. Those and all future successors to the mayor and to members of the town council whose terms of office are to expire shall be elected at the time of the municipal general election provided for in subsection (a) of this section immediately preceding the expiration of such terms, shall take office the first day of January immediately following the election, and shall serve for terms of office of four years each. The mayor and the members of the town council shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified."

Said Act is further amended by revising Section 5.14 as follows:

The governing authority of the Town of Newborn shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Right Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.