Bill Text: GA HB37 | 2011-2012 | Regular Session | Introduced

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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

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11 LC 28 5355

House Bill 37

By: Representative Franklin of the 43rd

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 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.