Bill Text: GA HB658 | 2009-2010 | Regular Session | Introduced
Bill Title: Dooly County; board of elections and registration; create
Sponsorship: Bipartisan Bill
Status: (Passed) 2009-05-06 - Effective Date [HB658 Detail]
Download: Georgia-2009-HB658-Introduced.html
09 LC 35
1352/AP
House
Bill 658 (AS PASSED HOUSE AND SENATE)
By:
Representatives James of the
135th
and Harden of the
147th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Dooly County and to provide for
its powers and duties; to provide for definitions; to provide for the
composition of the board and the selection and appointment of members; to
provide for the qualification, terms, and removal of members; to provide for
oaths and privileges; to provide for meetings, procedures, and vacancies; to
relieve certain officers of powers and duties and to provide for the transfer of
functions to the newly created board; to provide for an election supervisor and
the powers and duties thereof; to provide for certain expenditures of public
funds; to provide for compensation of members of the board and personnel; to
provide for offices and equipment; to provide for the board's performance of
certain functions and duties for certain municipalities; to provide for related
matters; to provide for submission under Section 5 of the federal Voting Rights
Act of 1965, as amended; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Pursuant
to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the
Board of Elections and Registration of Dooly County, hereinafter referred to as
"the board." The board shall have the powers, duties, and responsibilities of
the superintendent of elections of Dooly County under Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," currently being exercised by the
Judge of the Probate Court of Dooly County and the powers, duties, and
responsibilities of the board of registrars of Dooly County under Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION
2.
The
terms "election," "elector," "political party," "primary," and "public office"
shall have the same meanings as set forth in Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from
the text of this Act; and the term "commission" means the Dooly County Board of
Commissioners, and "county" means Dooly County.
SECTION
3.
(a)
The board shall be composed of five members, each of whom shall be an elector
and resident of the county and who shall be appointed by the commission. The
initial board members shall select a chairperson of the board from among their
members.
(b) In making the initial appointments to the board, two members appointed shall serve a term beginning on January 1, 2010, and ending on December 31, 2011, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2012, and every four years thereafter and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January 1, 2010, and ending on December 31, 2013, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2014, and every four years thereafter and until their successors are duly appointed and qualified.
(b) In making the initial appointments to the board, two members appointed shall serve a term beginning on January 1, 2010, and ending on December 31, 2011, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2012, and every four years thereafter and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January 1, 2010, and ending on December 31, 2013, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2014, and every four years thereafter and until their successors are duly appointed and qualified.
SECTION
4.
The
election supervisor shall be appointed by the board of elections and shall
report directly to the board. The election supervisor, with regard to the
registration of electors, shall succeed to and exercise all of the powers,
duties, and responsibilities granted to and incumbent upon an election
supervisor as prescribed by the board of elections. The election supervisor
shall have the authority to hire such additional clerical assistants as
necessary to efficiently carry out the duties and functions of the election
supervisor's office, subject to the approval of the board of
elections.
SECTION
5.
(a)
No person who holds elective public office shall be eligible to serve as a
member of the board during the term of such elective office, 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.
(b) Members of the board must be residents of Dooly County and must have been registered voters in Dooly County for a period of at least one year prior to the date of their appointment to the board.
(c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Dooly County nor shall any member of the board be an agent, an appointed official, or employee of, or work directly for, any agency of state government, Dooly County, or any municipality for which the board conducts municipal elections.
(b) Members of the board must be residents of Dooly County and must have been registered voters in Dooly County for a period of at least one year prior to the date of their appointment to the board.
(c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Dooly County nor shall any member of the board be an agent, an appointed official, or employee of, or work directly for, any agency of state government, Dooly County, or any municipality for which the board conducts municipal elections.
SECTION
6.
The
commission shall certify the appointment of each member by filing an affidavit
with the clerk of the superior court no later than 15 days preceding the date
upon which such members are to take office, stating the name and residential
address of the person appointed and certifying 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 superior court and shall
certify the name of each such appointed 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
7.
Each
member of the board shall be eligible to serve consecutive terms of office,
shall have the right to resign at any time by giving written notice of such
resignation to the commission and to the clerk of the superior court, and shall
be subject to removal from the board by the commission at any time, for cause,
after notice and hearing.
SECTION
8.
In
the event a vacancy occurs in the office of any appointed member before the
expiration of his or her term, by removal, death, resignation, or otherwise, the
commission shall appoint a successor to serve the remainder of the unexpired
term. The clerk of the superior court shall be notified of such interim
appointments and record and certify such appointments in the same manner as the
regular appointment of members.
SECTION
9.
Before
entering upon the member's duties, each member shall take substantially the same
oath as required by law for registrars and shall have the same privileges from
arrest.
SECTION
10.
(a)
The board shall be authorized to organize itself, determine its procedural rules
and regulations, adopt bylaws, specify the functions and duties of its
employees, and otherwise take such action as is appropriate to the management of
the affairs committed to its supervision; provided, however, that no such action
shall conflict with state law. Action and decision by the board shall be by a
majority of the members of the board. The board shall be responsible for the
selection, appointment, and training of poll workers in primaries and elections
and such workers shall be appointed, insofar as is practicable, from lists
provided to the board by the county executive committee of each political
party.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
SECTION
11.
The
board shall have the authority to contract with any municipality located within
Dooly County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
12.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the commission. Such compensation shall be
paid wholly from county funds. All such persons shall be employees of Dooly
County.
SECTION
13.
The
commission shall provide the board with such proper and suitable offices,
equipment, materials, and supplies and with such clerical assistance and other
employees as the commission deems appropriate.
SECTION
14.
The
commission shall through its legal counsel cause this Act to be submitted for
preclearance under Section 5 of the federal Voting Rights Act of 1965, as
amended, and such submission shall be made to the United States Department of
Justice or filed with the appropriate court no later than 45 days after the date
on which this Act is approved by the Governor or otherwise becomes law without
such approval.
SECTION
15.
This
Act shall become effective on its approval by the Governor or upon its becoming
law without such approval.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.
