Bill Text: GA HB438 | 2011-2012 | Regular Session | Introduced
Bill Title: Elections; independent candidates have additional qualifying period; provide
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-04 - House Second Readers [HB438 Detail]
Download: Georgia-2011-HB438-Introduced.html
11 LC 28
5464
House
Bill 438
By:
Representatives Kidd of the
141st
and Powell of the
29th
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 elections generally, so as to provide that independent candidates shall have
an additional qualifying period; to change the time for filing of nomination
petitions; 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 elections
generally, is amended by revising subsection (e) of Code Section 21-2-132,
relating to filing notice of candidacy, nomination petition, and affidavit, and
adding a new subsection to read as follows:
"(e)
Except as provided in subsection (i) of this Code section, each candidate
required to file a notice of candidacy by this Code section shall, no earlier
than 9:00 A.M. on the fourth Monday in
June
April
immediately prior to the election and no later than 12:00 Noon on the second
Tuesday in July immediately prior to the election, file with the same official
with whom he or she filed his or her notice of candidacy a nomination petition
in the form prescribed in Code Section 21-2-170, except that such petition shall
not be required if such candidate is:
(1)
A nominee of a political party for the office of presidential elector when such
party has held a national convention and therein nominated candidates for
President and Vice President of the United States;
(2)
Seeking office in a special election;
(3)
An incumbent qualifying as a candidate to succeed such incumbent if, prior to
the election in which such incumbent was originally elected to the office for
which such incumbent seeks reelection, such incumbent filed a notice of
candidacy and a nomination petition as required by this chapter;
(4)
A candidate seeking election in a nonpartisan election; or
(5)
A nominee for a state-wide office by a duly constituted political body
convention, provided that the political body making the nomination has qualified
to nominate candidates for state-wide public office under the provisions of Code
Section 21-2-180."
"(k)
In addition to the qualifying times provided for in subsections (d) and (i) of
this Code section, independent candidates for federal, state, and county
officers may also qualify at the following times:
(1)
For general elections other than the general election held in the even-numbered
year immediately following the official release of the United States decennial
census data to the states for the purpose of redistricting of the legislatures
and the United States House of Representatives, each candidate:
(A)
For federal or state office, or his or her agent, desiring to have his or her
name placed on the election ballot shall file a notice of his or her candidacy,
giving his or her name, residence address, and the office he or she is seeking,
in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth
Monday in April immediately prior to the election and no later than 12:00 Noon
on the Friday following the fourth Monday in April; or
(B)
For a county office, or his or her agent, desiring to have his or her name
placed on the election ballot shall file notice of his or her candidacy in the
office of the superintendent of his or her county no earlier than 9:00 A.M. on
the fourth Monday in April immediately prior to the election and no later than
12:00 Noon on the Friday following the fourth Monday in April; or
(2)
For the general election held in the even-numbered year immediately following
the official release of the United States decennial census data to the states
for the purpose of redistricting of the legislatures and the United States House
of Representatives, each candidate:
(A)
For federal or state office, or his or her agent, desiring to have his or her
name placed on the election ballot shall file a notice of his or her candidacy,
giving his or her name, residence address, and the office he or she is seeking,
in the office of the Secretary of State no earlier than 9:00 A.M. on the third
Wednesday in June immediately prior to the election and no later than 12:00 Noon
on the Friday following the third Wednesday in June; or
(B)
For a county office, or his or her agent, desiring to have his or her name
placed on the election ballot shall file notice of his or her candidacy in the
office of the superintendent of his or her county no earlier than 9:00 A.M. on
the third Wednesday in June immediately prior to the election and no later than
12:00 Noon on the Friday following the third Wednesday in
June."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
