09 LC 38
0881/AP
House
Bill 714 (AS PASSED HOUSE AND SENATE)
By:
Representatives Marin of the
96th,
Rice of the
51st,
and Floyd of the
99th
A
BILL TO BE ENTITLED
AN ACT
To
amend an Act providing a new charter for the City of Norcross, approved March
28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved
April 5, 1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga.
L. 1996, p. 3666), so as to change the terms of the mayor and city
councilmembers; to provide that the mayor and councilmembers shall be elected by
a plurality; to provide for submission of this Act for preclearance under the
federal Voting Rights Act of 1965, as amended; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the City of Norcross, approved March 28, 1990
(Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5,
1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga. L. 1996,
p. 3666), is amended by revising Section 2.11 as follows:
"Section
2.11. Mayor and city council terms and qualification for office. The mayor and
city councilmembers shall serve for terms of four years and until their
respective successors are elected and qualified. No person shall be eligible to
serve as mayor or councilmember unless he or she is a qualified municipal voter.
No person shall be eligible to serve as mayor or councilmember unless he or she
is at least 18 years of age and has been a resident of the city for at least one
year immediately prior to the date of his or her election. The mayor and each
councilmember shall continue to reside in the city during their period of
service."
SECTION
2.
Said
Act is further amended by revising Section 5.11 as follows:
"Section
5.11. Regular elections; time for
holding.
(a) The mayor and
councilmembers serving on the effective date of this Act shall remain in office
until the normal expiration of their terms of office and until their successors
are elected and qualified.
(b)
Successors to David McLeroy, Andrew Hixson, and Ross Kaul whose terms expire
December 31, 2010, shall be elected on the Tuesday next following the first
Monday in November of 2010 for a term of two years and until their successors
are elected and qualified.
(c)
Successors to the mayor and those two councilmembers whose terms expire December
31, 2011, shall be elected on the Tuesday next following the first Monday in
November of 2011 for a term of three years and until their successors are
elected and qualified.
(d) Successors
to those three councilmembers whose terms expire December 31, 2012, shall be
elected on the Tuesday next following the first Monday in November of 2012 and
every four years thereafter and shall serve for terms of office of four years
and until their successors are elected and
qualified.
(e) Successors to the mayor
and those two councilmembers whose terms expire December 31, 2014, shall be
elected on the Tuesday next following the first Monday in November of 2014 and
every four years thereafter and shall serve for terms of office of four years
and until their successors are elected and qualified."
SECTION
3.
Said
act is further amended by revising Section 5.13 as
follows:
"Section 5.13. Election
by plurality.
The candidate for mayor
who received the largest number of votes cast in each election and the
candidates receiving the largest number of votes cast for the position of
councilmember, be it two or three dependent upon the election cycle, in each
election shall be elected for terms of office as provided for in Section
5.11."
SECTION
4.
The
governing authority of the City of Norcross shall through its legal counsel
cause this Act to be submitted for preclearance under 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
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.