Bill Text: GA HB37 | 2011-2012 | Regular Session | Introduced
Bill Title: Elections; President and Vice President candidates meet Constitutional qualifications; provide
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-24 - House Second Readers [HB37 Detail]
Download: Georgia-2011-HB37-Introduced.html
11 LC 28
5355
House
Bill 37
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
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 provide that political parties
shall provide documentation that their candidates in the presidential preference
primary meet the qualifications of the United States Constitution to hold the
office of President of the United States; to provide that political parties and
bodies that have candidates for the offices of President and Vice President
shall provide documentation that their candidates meet the qualifications of the
United States Constitution to hold the office of President and Vice President of
the United States; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
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 21-2-193, relating
to the list of names of candidates to appear on the presidential preference
primary ballot, as follows:
"21-2-193.
(a)
Not later than November 1 of the year preceding the year in which a presidential
preference primary is to be held, the state executive committee of each party
which is to conduct a presidential preference primary shall submit to the
Secretary of State a list of the names of the candidates of such party to appear
on the presidential preference primary ballot. Such lists shall be published by
the Secretary of State in a newspaper of general circulation in the state during
the first week of December in the year immediately preceding the year in which
the presidential preference primary is to be held.
(b)
In submitting the lists of candidates to appear on the presidential preference
primary ballot, each political party shall provide for each candidate on the
list original documentation that he meets the qualifications of Article 2,
Section 1, Paragraph 1 and Article 2, Section 1, Paragraph 5 of the United
States Constitution to serve as President of the United States if elected to
such office.
(c)
Any citizen of this state shall have the right to challenge the qualifications
of any such candidate within two weeks following the publication of the names of
such candidates by the Secretary of State using the procedures provided in Code
Section 21-2-5."
SECTION
2.
Said
chapter is further amended by revising subsection (e) of Code Section 21-2-285,
relating to form of official election ballot, as follows:
"(e)
When presidential electors are to be elected, the ballot shall not list the
individual names of the candidates for presidential electors but shall list the
names of each political party or body and the names of the candidates of the
party or body for the offices of President and Vice President of the United
States,
provided that each political party or body having candidates for the offices of
President and Vice President of the United States to be placed on the ballot
shall provide original documentation to the Secretary of State for its candidate
for the office of President of the United States that he meets the
qualifications of Article 2, Section 1, Paragraph 1 and Article 2,
Section 1, Paragraph 5 of the United States Constitution to serve as
President of the United States if elected to such office and shall provide
original documentation to the Secretary of State for its candidate for the
office of Vice President of the United States that he meets the qualifications
of Article 2, Section 1, Paragraph 1 and Article 2, Section 1,
Paragraph 5 of the United States Constitution to serve as Vice President of
the United States if elected to such office. If the political party or body
fails to provide such documentation, then the names of the party's or body's
candidates shall be omitted from the ballot. Any citizen of this state shall
have the right to challenge the qualifications of any such candidate within two
weeks following the receipt of such original documentation of such candidates by
the Secretary of State using the procedures provided in Code Section
21-2-5. The individual names or the
nominees of each political party or body for such offices shall be posted at
each polling place arranged alphabetically under the names of the candidates of
the party or body for President and Vice President of the United States. A vote
for the candidates for President and Vice President of a political party or body
shall be deemed to be a vote for each of the candidates for presidential
electors of such political party or body."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.