Bill Text: GA HB1479 | 2009-2010 | Regular Session | Introduced
Bill Title: Chattooga County; board of elections and registration; create
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-31 - House Second Readers [HB1479 Detail]
Download: Georgia-2009-HB1479-Introduced.html
10 LC 28
5230
House
Bill 1479
By:
Representative Reece of the
11th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Chattooga County and provide
for its powers and duties; to provide for the composition of the board and the
appointment, qualification, and terms of its members; to provide for
resignation, succession, and removal of members and for filling vacancies; to
provide for oaths and privileges; to relieve certain boards and officers of
certain powers and duties and provide for the transfer of certain items to the
newly created board; to abolish a certain board and office; to provide for the
chairperson and the powers and duties of such chairperson; to provide for board
employees and their compensation; to provide for expenditures of public funds
for certain purposes; to provide for compensation of the chairperson and members
of the board; to provide for offices and equipment; to provide for the meaning
of certain terms; to provide for a referendum; to provide for a contingent
effective date and automatic repeal; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Pursuant
to Code Section 21-2-40 of the O.C.G.A., there is created the Chattooga County
Board of Elections and Registration. The board shall have the powers and duties
of the election superintendent of Chattooga County with regard to the conduct of
primaries and elections and shall have the powers and duties of the board of
registrars relating to the registration of voters and absentee balloting
procedures.
SECTION
2.
(a)
The board shall be composed of three members, each of whom shall be an elector
and resident of Chattooga County.
(b) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elected public office or a political party, or who makes a financial contribution to a candidate or party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible for appointment to serve as a member of the board during the term of such elective office or within two years after such active political participation, 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 or upon such member's engaging in such political activity. No person shall be eligible for appointment to serve as a member of the board who is related by blood or marriage closer than first cousins to anyone holding elected public office.
(c) The first members of the board shall be appointed as follows:
(b) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elected public office or a political party, or who makes a financial contribution to a candidate or party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible for appointment to serve as a member of the board during the term of such elective office or within two years after such active political participation, 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 or upon such member's engaging in such political activity. No person shall be eligible for appointment to serve as a member of the board who is related by blood or marriage closer than first cousins to anyone holding elected public office.
(c) The first members of the board shall be appointed as follows:
(1)
Not later than September 1, 2010, the county executive committee of the
political party whose candidate for the office of Governor received the highest
number of votes within the county in the last general election to fill such
office and the political party whose candidate for the office of Governor
received the second highest number of votes within the county in the last
general election to fill such office shall each submit five nominees to the
grand jury of Chattooga County without stating any preferences;
(2)
Not later than November 1, 2010, the grand jury shall select one person from
each of the lists of nominees submitted by the political parties to serve on the
board;
(3)
Not later than December 1, 2010, the two members appointed by the grand jury
shall meet and select the third member of the board. The members may select any
qualified person residing in Chattooga County. If by such date the two members
cannot agree on a third member, the chief judge of the judicial circuit
containing Chattooga County shall select the third member not later than
December 31, 2010; and
(4)
The grand jury shall specify which of the two initial members appointed by the
grand jury shall receive an initial two-year term of office and which shall
receive an initial three-year term of office. The member selected by the two
members appointed by the grand jury shall receive an initial one-year term of
office which shall begin on January 1, 2011, and end on December 31, 2011, and
upon the appointment and qualification of a successor. As specified by the
grand jury in making the initial appointments, one member shall serve an initial
term of office beginning January 1, 2011, and ending on December 31, 2012, and
upon the appointment and qualification of a successor; and one member shall
serve an initial term of office beginning January 1, 2011, and ending on
December 31, 2013, and upon the appointment and qualification of a
successor.
(d)
Successors to the initial members shall be selected as follows:
(1)
Not later than October 1 immediately prior to the expiration of the term of
office of a member who was the nominee of a political party, the political party
that made such nomination shall submit five nominees without stating any
preferences to the grand jury of Chattooga County from which the grand jury
shall select a successor to the member whose term is expiring. The incumbent
members shall be eligible to succeed themselves. The successor so appointed
shall take office on the first day of January following such appointment and
shall serve for a term of office of three years and until a successor is
appointed and qualified; and
(2)
Not later than December 1 immediately prior to the expiration of the term of
office of the member who is appointed by the agreement of the members who were
chosen by the grand jury, the two members chosen by the grand jury shall select
a successor to such member whose term is expiring. An incumbent member shall be
eligible to succeed himself or herself. The successor so appointed shall take
office on the first day of January following such appointment and shall serve
for a term of office of three years and until a successor is appointed and
qualified. If the two members chosen by the grand jury cannot agree, the chief
judge of the judicial circuit containing Chattooga County shall appoint a person
to succeed such member not later than December 15 immediately prior to the
expiration of the term of office of such member whose term is
expiring.
(e)
The members of the board shall select one of their number to serve as
chairperson at the first meeting of each year and as necessary in the event of a
vacancy. If the members cannot agree on a chairperson by February 1, the chief
judge of the judicial circuit containing Chattooga County shall designate one of
the members of the board to serve as chairperson.
SECTION
3.
The
appointment of each member shall be made by the appointing authority's filing
with the clerk of the Superior Court of Chattooga County an affidavit which
states the name and residential address of the person appointed and certifies
that such member has been duly appointed as provided in this Act. The clerk of
the superior court shall record each of such certifications on the minutes of
the court and shall certify the name of each such member to the Secretary of
State and provide for the issuance of appropriate commissions to the members
within the same time and in the same manner as provided by law for
registrars.
SECTION
4.
Each
member of the board shall be eligible to succeed himself or herself without
limitation and shall have the right to resign at any time by giving written
notice of his or her resignation to the appointing authority and to the clerk of
the Superior Court of Chattooga County. Each member shall be subject to
removal from the board by the chief judge of the judicial circuit containing
Chattooga County at any time, for cause, after notice of the right to have a
timely hearing, in the same manner and by the same authority as provided for
removal of registrars.
SECTION
5.
(a)
In the event a single vacancy occurs in the office of any member of the board by
removal, death, resignation, or otherwise, except by expiration of term, such
vacancy shall be filled by appointment of a successor by the remaining members
of the board. If the remaining members cannot agree on a successor within 30
days following such vacancy, the successor shall be appointed by the chief judge
of the judicial circuit containing Chattooga County. Such person so appointed
shall serve the remainder of the unexpired
term.
(b) In the event of multiple vacancies on the board as a result of removal, death, resignation, or otherwise, except by expiration of term, such vacancies shall be filled by appointment by the chief judge of the judicial circuit containing Chattooga County. Such persons so appointed shall serve the remainder of the respective unexpired terms of the members whom they succeed.
(c) The clerk of the superior court shall be notified of all interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
(b) In the event of multiple vacancies on the board as a result of removal, death, resignation, or otherwise, except by expiration of term, such vacancies shall be filled by appointment by the chief judge of the judicial circuit containing Chattooga County. Such persons so appointed shall serve the remainder of the respective unexpired terms of the members whom they succeed.
(c) The clerk of the superior court shall be notified of all interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION
6.
Before
entering upon his or her duties, each member of the board shall take
substantially the same oath as required by law for registrars. Each member of
the board shall have the same privileges from arrest as registrars.
SECTION
7.
On
January 1, 2011, the election superintendent and board of registrars of
Chattooga County shall be relieved from all powers and duties to which the board
succeeds by the provisions of this Act. On and after January 1, 2011, neither
the election superintendent nor any member of the board of registrars shall be
entitled to any salary or salary supplement to which he or she may have been
entitled as a result of holding such position, including the supplement
authorized in Code Section 15-9-64 of the O.C.G.A., relating to the salary
supplement for judges of the probate courts who hold and conduct elections. The
election superintendent and board of registrars of Chattooga County shall
deliver thereafter to the chairperson of the board, upon his or her written
request, the custody of all equipment, supplies, materials, books, papers,
records, and facilities of every kind pertaining to such powers and duties.
Also, at such time, the board of registrars and the office of chief registrar of
Chattooga County shall be abolished.
SECTION
8.
The
chairperson of the board shall be the chief executive officer of the board and
shall generally supervise, direct, and control the administration of the affairs
of the board pursuant to law and duly adopted resolutions of the board. The
board shall fix and establish by appropriate resolution entered on its minutes
directives governing the execution of matters within its
jurisdiction.
SECTION
9.
(a)
The board shall be responsible for the selection and appointment of an
administrative director, to be known as the elections supervisor, to administer
and supervise the conduct of elections and primaries and the registration of
electors for the county. The elections supervisor shall serve at the pleasure
of the board. The board shall act within 60 days of its members taking office
under this Act to retain or appoint an elections supervisor who shall be hired
by the board from a job description drawn by said
board.
(b) In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority to serve until the board fills the vacancy.
(b) In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority to serve until the board fills the vacancy.
SECTION
10.
(a)
The board shall be authorized to employ such other full-time and part-time
employees as the board shall deem necessary. The governing authority of
Chattooga County shall have the right to approve the number of employees to be
hired by the board.
(b) No person shall be eligible for employment by the board who is related by blood or marriage closer than first cousins to anyone holding elected public office.
(c) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elected public office or a political party, or who makes a financial contribution to a candidate or party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible for employment by the board during the term of such elective office or within two years after such active political participation, and any employee of the board shall be terminated upon such employee's qualifying as a candidate for elective public office or upon such employee's engaging in such political activity
(b) No person shall be eligible for employment by the board who is related by blood or marriage closer than first cousins to anyone holding elected public office.
(c) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elected public office or a political party, or who makes a financial contribution to a candidate or party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible for employment by the board during the term of such elective office or within two years after such active political participation, and any employee of the board shall be terminated upon such employee's qualifying as a candidate for elective public office or upon such employee's engaging in such political activity
SECTION
11.
The
board shall propose an annual budget to the county governing authority for
approval or negotiation detailing the expenditures necessary for the execution
of its duties. With the consent of the governing authority of Chattooga County,
the board of elections and registration shall be authorized to expend public
funds for the purpose of distributing sample ballots, voter information
booklets, and other material designed to inform and instruct adequately the
electors of the county with regard to elections.
SECTION
12.
Compensation
for the chairperson and other members of the board and for employees of the
board shall be fixed by the governing authority of Chattooga County. Such
compensation shall be paid from county funds.
SECTION
13.
(a)
The governing authority of Chattooga County shall provide the board with proper
and suitable offices and equipment.
(b) The board shall meet quarterly or as necessary to conduct the affairs of the board.
(b) The board shall meet quarterly or as necessary to conduct the affairs of the board.
SECTION
14.
The
Chattooga County Board of Elections and Registration shall have the authority to
contract with any municipal corporation located within the county for the
holding by the board of any primary or election to be conducted within the
municipal corporation.
SECTION
15.
The
terms "election," "elector," "political party," "primary," "public office,"
"special election," and "special primary" shall have the same meaning ascribed
to those terms by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly
apparent from the text of this Act.
SECTION
16.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Chattooga County shall call and conduct an election as
provided in this section for the purpose of submitting this Act to the electors
of Chattooga County for approval or rejection. The election superintendent
shall conduct that election on the date of and in conjunction with the 2010
general primary and shall issue the call and conduct that election as provided
by general law. The superintendent shall cause the date and purpose of the
election to be published once a week for two weeks immediately preceding the
date thereof in the official organ of Chattooga County. The ballot shall have
written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which creates the Chattooga County Board of Elections and
Registration?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act, then
this Act shall become of full force and effect immediately. If this Act is not
so approved or if the election is not conducted as provided in this section,
this Act shall not become effective and this Act shall be automatically repealed
on the first day of January immediately following that election date. The
expense of such election shall be borne by Chattooga County. It shall be the
election superintendent's duty to certify the result thereof to the Secretary of
State.
SECTION
17.
Except
as otherwise provided in Section 16 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.
