Bill Text: GA HB85 | 2009-2010 | Regular Session | Introduced

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Bill Title: Elections; nonpartisan; certain officials; provide by local law

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2009-01-16 - House Second Readers [HB85 Detail]

Download: Georgia-2009-HB85-Introduced.html

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09 LC 28 4419

House Bill 85

By: Representatives Powell of the 29th and Levitas of the 82nd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to authorize the General Assembly by local law to provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; to provide for related matters; to provide an effective date; 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 and primaries generally, is amended by revising paragraph (2) of subsection (c) and subparagraph (i)(1)(B) of Code Section 21-2-132, relating to filing notices of candidacy, nomination petitions, and affidavits, as follows:

"(2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government which is filled by a nonpartisan election, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays."

"(B) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government which is filled by a nonpartisan election, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays;".

SECTION 2.

Said chapter is further amended by revising subsection (a) of Code Section 21-2-139, relating to the authorization of nonpartisan elections, as follows:

"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill the offices of sheriff, judge of the probate court, tax receiver, tax collector, tax commissioner, and clerk of superior court, county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the November general election in accordance with this chapter without a prior nonpartisan primary. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

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