Bill Text: GA HB711 | 2009-2010 | Regular Session | Introduced
Bill Title: Toombs County; board of elections and registration; create
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-05-11 - Effective Date [HB711 Detail]
Download: Georgia-2009-HB711-Introduced.html
09 LC 14
0006/AP
House
Bill 711 (AS PASSED HOUSE AND SENATE)
By:
Representative Morris of the
155th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Toombs County and provide for
its powers and duties; to provide for the composition of the board and the
selection, qualification, and terms of its members; to provide for resignation,
succession, and removal of members and for filling vacancies; to provide for
oaths and privileges; to provide for procedures; to provide for appointment of a
chief election official; to provide for meetings; to provide for employment of
full-time and part-time employees; to provide for compensation of board members
and employees of the board; to provide for expenditure of public funds for
certain purposes; to provide for offices, equipment, and supplies; to provide
for the board's performance of certain functions and duties for certain
municipalities; to provide for the meaning of certain terms; to provide for the
relief of certain boards and offices of certain powers and duties and provide
for the transfer of certain items to the newly created board; to provide for
related matters; 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,
effective January 1, 2010, the Toombs County Board of Elections and
Registration. The board shall have the powers and duties of the election
superintendent relating to the conduct of primaries and elections and shall have
the powers and duties of the board of registrars relating to the registration of
voters and absentee balloting procedures.
SECTION
2.
The
terms 'election,' 'elector,' 'political party,' 'primary,' and 'public office'
shall have the same meaning 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 'commissioners' means the board of
commissioners of Toombs County and 'county' means Toombs County.
SECTION
3.
(a)
The board shall be composed of five members, each of whom shall be an elector
and a resident of Toombs County. All members of the board shall be appointed by
the Board of Commissioners of Toombs County. The Toombs County Board of
Elections and Registration shall select a chairperson from among its
members.
(b)
The initial term of one member shall commence on January 1, 2010, and expire
December 31, 2010, and upon the appointment and qualification of his or her
successor. The initial term of two members shall commence on January 1, 2010,
and expire December 31, 2011, and upon the appointment and qualification of
their respective successors. The initial term of office of two members shall
commence on January 1, 2010, and expire December 31, 2013, and upon the
appointment and qualification of their respective successors.
(c)
No person who holds elective public office shall be eligible to serve as a
member of the board during the term of such elective public office, and the
position of membership of any member shall be deemed vacant upon such member's
qualifying as a candidate for an elective public office.
SECTION
4.
Each
member of the board shall:
(1)
Serve for a term of four years and until a successor is appointed and qualified,
except that initial terms of office shall be as provided in subsection (b) of
Section 3 of this Act;
(2)
Be eligible to be reappointed to succeed himself or herself and have the right
to resign at any time by giving written notice of such resignation to the
commissioners and to the clerk of superior court of Toombs County;
(3)
Be subject to removal from the board at any time for cause, after notice and
hearing, by the judge of the Superior Court of Toombs County; and
(4)
In the event a vacancy occurs in the office of any member before the expiration
of a term by reason of removal, death, resignation, or otherwise, the appointing
authority which is required under subsection (a) of Section 3 of this Act to
make the appointment to the office upon expiration of the term shall appoint a
successor to serve for the remainder of the unexpired term in the manner set
forth in Section 3 of this Act.
SECTION
5.
(a)
The appointment of each member of the board shall be evidenced by the
commissioners filing an affidavit with the clerk of superior court of Toombs
County no later than 30 days after the date on which such member is appointed,
stating the name and residence address of the person appointed and certifying
that such member has been duly appointed as provided in this Act. The clerk of
superior court of Toombs County shall be notified of interim appointments and
shall record and certify such appointments in the same manner as the regular
appointment of members.
(b)
The clerk of superior court of Toombs County shall record each such
certification on the minutes of that superior court and shall certify the name
of each member to the Secretary of State and provide for the issuance of
appropriate commissions to the members as provided by law for county
registrars.
(c)
Before entering office, each member of the board shall take substantially the
same oath as required by law for registrars. Each member of the board shall have
the same privileges upon arrest as registrars.
SECTION
6.
(a)
The board shall be authorized to organize itself, elect its officers, determine
its procedural rules and regulations, adopt bylaws, specify the functions and
duties of its employees, and otherwise take such action as is appropriate for
the management of the affairs committed to its supervision; provided, however,
that no such action shall conflict with state law.
(b)
The board shall fix and establish, by appropriate resolution entered on its
minutes, directives governing the execution of matters within its
jurisdiction.
(c)
The board shall maintain a written record of policy decisions that shall be
amended to include additions or deletions.
(d)
Action and decision by the board shall be by a majority of the members of the
board.
SECTION
7.
The
board shall appoint a person to serve as the chief election official of Toombs
County. Such position shall be full time and such person shall be paid a salary
to be set by the board and payable from county funds. The chief election
official shall generally direct and control the administration of elections and
voter registration in Toombs County. The chief election official shall be
supervised by the board and shall be subject to removal from office by the
board, with or without cause. The chief election official shall not be an
elected official.
SECTION
8.
The
board shall hold regular monthly meetings at a place designated by the board.
Any specially called meetings held pursuant to the bylaws adopted by the board
shall be held only after notification of the time and place of the holding of
such meetings has been communicated to the chief election official to provide
public notice of the meeting as required by law. All meetings of whatever kind
of the board shall be conducted pursuant to Chapter 14 of Title 50 of the
O.C.G.A., relating to open meetings.
SECTION
9.
With
the consent of the governing authority of Toombs County, the board shall be
authorized to employ such full-time and part-time employees as deemed necessary
for the efficient conduct of elections, primaries, and registration of electors
for the county, as approved by budget.
SECTION
10.
Compensation
for the members of the board, employees of the board, and the chairperson of the
board shall be recommended by the board to the governing authority of Toombs
County and shall be subject to the approval of the governing authority. Such
compensation shall be paid from county funds.
SECTION
11.
The
board of elections and registration shall be authorized to expend public funds
for the purpose of distributing sample ballots, voter information, voter
information booklets, and other material designed to inform and instruct
adequately the electors of the county with regard to voter registration and
elections. No material distributed by the board shall contain or express, in
any manner or form, any commentary or expression of opinion or request for
support with respect to any political issue or matter of political
concern.
SECTION
12.
The
governing authority of Toombs County shall provide the board with proper and
suitable offices, equipment, and supplies.
SECTION
13.
(a)
The board is authorized to perform for any municipality located within Toombs
County any functions and duties which election superintendents and boards of
registrars are authorized by general law to perform on behalf of municipalities
if such municipal corporation has entered into a contract for that purpose with
the commissioners.
(b)
Municipalities shall be responsible to reimburse the governing authority for all
costs related to or associated with any election performed by the board for the
municipality.
SECTION
14.
It
shall be the duty of the governing authority of Toombs County to require the
attorney therefor to submit this Act for approval pursuant to Section 5 of the
federal Voting Rights Act of 1965, as amended. If implementation of this Act is
not permissible under the federal Voting Rights Act of 1965, as amended, then
this Act shall be void and stand repealed in its entirety.
SECTION
15.
On
December 31, 2009, the election superintendent and the board of registrars of
Toombs County shall be relieved of all powers and duties to which the board
succeeds by the provisions of this Act; and they shall deliver thereafter to the
chairperson of the board, upon his or her written request, the custody of all
equipment, supplies, materials, books, papers, records, and facilities of every
kind pertaining to such powers and duties. Also, at such time, the board of
registrars and the office of chief registrar of Toombs County shall be
abolished.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.