Bill Text: GA SB464 | 2009-2010 | Regular Session | Introduced
Bill Title: Elections; nonpartisan election of district attorney, solicitors-general, sheriffs, tax commissioners, clerks of superior courts; qualifying
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-03-10 - Senate Read and Referred [SB464 Detail]
Download: Georgia-2009-SB464-Introduced.html
10 LC 28
5108
Senate
Bill 464
By:
Senators Carter of the 1st and Adelman of the 42nd
A
BILL TO BE ENTITLED
AN ACT
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 provide for the nonpartisan
election of district attorneys, solicitors-general, sheriffs, tax commissioners,
tax receivers, tax collectors, clerks of superior court, and county
commissioners; to provide for the qualifying for such offices; to provide for
related matters; 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 subsection (c) and paragraph (1)
of subsection (i) of Code Section 21-2-132, relating to filing notices of
candidacy, nomination petitions, and affidavits, as follows:
"(c)
Except as provided in subsection (i) of this Code section, all candidates
seeking election in a nonpartisan election shall file their notice of candidacy
and pay the prescribed qualifying fee by the date prescribed in this subsection
in order to be eligible to have their names placed on the nonpartisan election
ballot by the Secretary of State or election superintendent, as the case may be,
in the following manner:
(1)
Each candidate for the office of
district
attorney, judge of the superior court,
Judge of the Court of Appeals, or Justice of the Supreme Court, or the
candidate's agent, desiring to have his or her name placed on the nonpartisan
election ballot shall file a notice of candidacy, giving his or her name,
residence address, and the office sought, in the office of the Secretary of
State 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; and
(2)
Each candidate for a county
judicial
office, a local school board office, or an office of a consolidated government,
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."
"(1)
All candidates seeking election in a nonpartisan election shall file their
notice of candidacy and pay the prescribed qualifying fee by the date prescribed
in this paragraph in order to be eligible to have their names placed on the
nonpartisan election ballot by the Secretary of State or election
superintendent, as the case may be, in the following manner:
(A)
Each candidate for the office of
district
attorney, judge of the superior court,
Judge of the Court of Appeals, or Justice of the Supreme Court, or the
candidate's agent, desiring to have his or her name placed on the nonpartisan
election ballot shall file a notice of candidacy, giving his or her name,
residence address, and the office sought, in the office of the Secretary of
State 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; and
(B)
Each candidate for a county
judicial
office, a local school board office, or an office of a consolidated government,
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
district attorney, solicitor-general, sheriff, tax commissioner, tax receiver,
tax collector, clerk of superior court, and county
commissioner, 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.
All
laws and parts of laws in conflict with this Act are repealed.