Bill Text: GA HB797 | 2009-2010 | Regular Session | Introduced

Georgia House Bill 797 (Prior Session Legislation)

Bill Title: Brantley County; board of commissioners; advisory referendum election; provide

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2009-05-06 - Effective Date [HB797 Detail]

Download: Georgia-2009-HB797-Introduced.html

09 LC 37 0916/AP

House Bill 797 (AS PASSED HOUSE AND SENATE)

By: Representative Williams of the 178th

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows:

"SECTION 3A.

(a) It is the purpose of this section to provide for an advisory referendum within Brantley County to determine if a change in the form of government of Brantley County is preferred by the voters of said county.

(b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Brantley County shall call and conduct an advisory election as provided in this section for the purpose of submitting a question to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall conduct that election on any date in 2009 that is permissible under Code Section 21-2-540 of the O.C.G.A, but not later than the Tuesday after the first Monday in November, 2009, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Brantley County. The ballot shall have printed thereon the following:

'Advisory Referendum Election

Select the form of government which you favor by placing a check mark (✓) or (x) in the appropriate space below. Choose one only:

_________	Continue the present form of government of electing the chairperson and members of the board of commissioners of Brantley County on an at-large basis from the entire county.
_________	Establish a new form of government by local Act of the General Assembly in 2009 which provides for the election of the chairperson of the board of commissioners of Brantley County on an at-large basis from the entire county and provides for the election of the other members of said board from commissioner districts in which such members must reside and from which such members must be elected.'

(c) It shall be the duty of the election superintendent of Brantley County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Brantley County. The expense of such election shall be borne by Brantley County.

(d) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Brantley County and is for a public purpose and is an essential governmental function for which public funds may be expended."

SECTION 2.

Except as otherwise provided in Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.