Bill Text: GA HB1142 | 2009-2010 | Regular Session | Introduced
Bill Title: Putnam County; board of elections and registration; create
Spectrum:
Status: (Passed) 2010-06-02 - Effective Date [HB1142 Detail]
Download: Georgia-2009-HB1142-Introduced.html
10 LC
38 1007ER/AP
House
Bill 1142 (AS PASSED HOUSE AND SENATE)
By:
Representatives Channell of the
116th,
Kidd of the
141st,
and Hudson of the
124th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of
elections and registration for Putnam County, so as to provide for composition
of the board and the selection and appointment of members; to provide for the
qualification, terms, and removal of members; to provide for oaths and
privileges; to provide for meetings, procedures, and vacancies; to provide for
compensation of members of the board and personnel; to provide for offices and
equipment; to provide for the board's performance of certain functions and
duties for certain municipalities; to provide for related matters; to provide
effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections
and registration for Putnam County, is amended by revising Sections 3, 4, and 5
as follows:
"SECTION
3.
(a)
The board shall be composed of five members who shall be
appointed.
(b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party receiving the highest number of votes within the county for its Gubernatorial candidate in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson of the political party receiving the second highest number of votes within the county for its Gubernatorial candidate in the general election immediately preceding the appointment of such member. Each appointment shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event that the chairpersons of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the governing authority of Putnam County. In the event that there is no county executive committee of a political party, the appointments on behalf of such political party shall be made by the state executive committee of such party.
(c) One member of the board shall be selected by the governing authority of Putnam County.
(d) All appointments to the board shall be promptly certified by the appointing authorities to the Clerk of the Superior Court of Putnam County.
(e) The initial appointees to the board shall take office on July 1, 2005. The member appointed by the governing authority of Putnam County and one of the two members appointed by each political party shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning July 1, 2009, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The executive committees of the political parties ratifying making the initial appointments under this section shall designate which term each appointee shall serve.
(f) The member of the board appointed by the governing authority of Putnam County shall serve as chairperson.
(b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party receiving the highest number of votes within the county for its Gubernatorial candidate in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson of the political party receiving the second highest number of votes within the county for its Gubernatorial candidate in the general election immediately preceding the appointment of such member. Each appointment shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event that the chairpersons of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the governing authority of Putnam County. In the event that there is no county executive committee of a political party, the appointments on behalf of such political party shall be made by the state executive committee of such party.
(c) One member of the board shall be selected by the governing authority of Putnam County.
(d) All appointments to the board shall be promptly certified by the appointing authorities to the Clerk of the Superior Court of Putnam County.
(e) The initial appointees to the board shall take office on July 1, 2005. The member appointed by the governing authority of Putnam County and one of the two members appointed by each political party shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning July 1, 2009, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The executive committees of the political parties ratifying making the initial appointments under this section shall designate which term each appointee shall serve.
(f) The member of the board appointed by the governing authority of Putnam County shall serve as chairperson.
SECTION
4.
The
board shall be authorized to appoint a person to serve as the election
supervisor of Putnam County. Such position shall be full-time and such person
shall be paid a salary to be set by the board and payable from county funds.
The election supervisor shall generally direct and control the administration of
the affairs of the board pursuant to law and duly adopted resolutions of the
board. The election supervisor and all other employees of the board shall be
supervised by the board and shall be subject to removal from office by the
board, with or without cause.
SECTION
5.
Each
member of the board shall:
(1)
Be eligible to be reappointed;
(2)
Have the right to resign at any time by giving written notice of such
resignation to the Clerk of the superior court; and
(3)
Be subject to removal from the board at any time, for cause, after notice and
hearing, by the chief judge of the Superior Court of Putnam
County."
SECTION
2.
Said
Act is further amended by revising Sections 7, 8, and 9 as follows:
"SECTION
7.
In
the event of a board vacancy the appropriate appointing authority shall appoint
a successor to serve the remainder of the unexpired term as provided for in
Section 3 of this Act. If the vacancy is not filled within 60 days after
it occurs, the vacancy shall be filled for the remainder of the term by the
governing authority of Putnam County. The clerk of the superior court shall be
notified of such interim appointments and record and certify such appointments
in the same manner as the regular appointment of members.
SECTION
8.
(a)
The board shall take no official action until all members have been certified to
the Clerk of the Superior Court of Putnam
County.
(b) Before entering upon the board's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
(b) Before entering upon the board's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
SECTION
9.
(a)
No person who holds elective public office shall be eligible to serve as a
member of the board during the term of such elective office, and the position of
any member of the board shall be deemed vacant upon such member's qualifying as
a candidate for elective public
office.
(b) Members of the board shall be residents of Putnam County and shall have been registered voters in Putnam County for a period of at least one year prior to the date of appointment to the board."
(b) Members of the board shall be residents of Putnam County and shall have been registered voters in Putnam County for a period of at least one year prior to the date of appointment to the board."
SECTION
3.
Said
Act is further amended by revising Section 13 as follows:
"SECTION
13.
(a)
The board shall fix and establish, by appropriate resolution entered on its
minutes, directives governing the execution of matters within its jurisdiction.
Board meetings shall be held at a time and place designated by the board in
compliance with Georgia law. All meetings of the board shall be advertised and
conducted pursuant to Chapter 14 of Title 50 of the
O.C.G.A.
(b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A."
(b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A."
SECTION
4.
Said
Act is further amended by revising Section 15 as follows:
"SECTION
15.
Subject
to appropriation of funds by the commissioners, the board shall be authorized to
expend public funds to provide for such proper and suitable administrative
offices and for such clerical assistants and other employees as the board shall
deem appropriate. This section shall not be construed so as to require the
board to expend any funds simply because it is authorized to do so under this
Act."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.
