Bill Text: GA HB262 | 2011-2012 | Regular Session | Engrossed

Georgia House Bill 262 (Prior Session Legislation)

Bill Title: Elections; add 1 percent judicial qualifying fee to fund the Commission; provide

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2011-03-16 - Senate Read and Referred [HB262 Detail]

Download: Georgia-2011-HB262-Engrossed.html

11 HB 262/FA

House Bill 262 (AM)

By: Representatives Bearden of the 68th, Willard of the 49th, and Powell of the 171st

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add an additional 1 percent qualifying fee for judicial candidates for the purpose of funding the Judicial Qualifications Commission; to provide for the establishment, collection, and remitting of such fees; to provide for related matters; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
SECTION 1-1.

Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising Code Section 21-2-131, relating to fixing and publishing of qualification fees, manner of payment, and distribution of fees paid, as follows:

"21-2-131.

(a) Qualification fees for party and public offices shall be fixed and published as follows:

(1)(A) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held, and at least 35 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Except as otherwise provided in subparagraph (B) of this paragraph, such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office.

(B) For the offices of clerk of the superior court, judge of the probate court, sheriff, and tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary specified in subsection (a) of Code Section 15-6-88, paragraph (1) of subsection (a) of Code Section 15-9-63, subsection (a) of Code Section 15-10-23, paragraph (1) of subsection (a) of Code Section 15-16-20, and paragraph (1) of subsection (b) of Code Section 48-5-183, exclusive of supplements, cost-of-living increases, and longevity increases. For the office of members of the county governing authority, the qualifying fee shall be 3 percent of the base salary established by local Act of the General Assembly or by Code Section 36-5-25 as adjusted pursuant to Code Section 36-5-24, if applicable, exclusive of compensation supplements for training provided for in Code Section 36-5-27 and cost-of-living adjustments pursuant to Code Section 36-5-28. For the offices of judge of the probate court and chief magistrate, the qualifying fee shall be 4 percent of the minimum salary specified in paragraph (1) of subsection (a) of Code Section 15-9-63 and subsection (a) of Code Section 15-10-23, exclusive of supplements, cost-of-living increases, and longevity increases. For the office of judge of the state court, the qualifying fee shall be 4 percent of the base salary of such office. If not a salaried office, a reasonable fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office;

(2) Within the same time limitation as provided in subparagraph (A) of paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan election and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00 and the fees for the offices of justice of the Supreme Court, judge of the Court of Appeals, and judge of superior court shall be 4 percent of the annual salary of the office. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;

(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office.

(b) Qualifying fees shall be paid as follows:

(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;

(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate.

(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;

(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in the candidate's district in proportion to the population of each such county according to the last United States decennial census, such fees to be applied to the cost of holding the election;

(3) Qualification fees paid to the superintendent of the county:

(A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the county;

(B) If the person qualifies directly with the election superintendent as a candidate of a political party in accordance with subsection (c) of Code Section 21-2-153, 25 percent shall be transmitted to the state executive committee of the appropriate political party and 75 percent shall be retained by the superintendent of the county; and

(C) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the county shall retain the entire amount of the fees except for the fees from candidates for the office of judge of state court, judge of probate court, and chief magistrate. The superintendent shall retain 75 percent of the fees from candidates for the office of judge of state court, judge of probate court, and chief magistrate and remit 25 percent of the fees to the Secretary of State.

Such fees, except for the portion of the fees from candidates for the office of judge of state court, judge of probate court, and chief magistrate that is to be remitted to the Secretary of State, shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election. The portion of the fees from candidates for the office of judge of state court, judge of probate court, and chief magistrate that is to be remitted to the Secretary of State shall be transmitted as soon as practicable to the Secretary of State;

(4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows:

(A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and

(B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees.

Such fees, except for 25 percent of the fees received from candidates for the offices of justice of the Supreme Court, judge of the Court of Appeals, and judge of superior court, shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election. The 25 percent of the fees received from candidates for the offices of justice of the Supreme Court, judge of the Court of Appeals, and judge of superior court and the portion of the fees from the county election superintendents from candidates for the offices of judge of state court, judge of probate court, and chief magistrate shall be transmitted by the Secretary of State to state treasury as a separate item designated as additional judicial qualifying fees. As soon as practicable after the end of each fiscal year, the Office of the State Treasurer shall report the amount of additional judicial qualifying fees received from the Secretary of State pursuant to this Code section to the Office of Planning and Budget and the Judicial Qualifications Commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such additional judicial qualifying fees shall be made available during the following two fiscal years to the Judicial Qualifications Commission for its operations;

(5) Qualification fees paid to the superintendent of a municipality:

(B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the municipality shall retain the entire amount of the fees.

Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the municipality, to be applied toward the cost of holding the election."

PART II
SECTION 2-1.