HB 111 - Elections; withdrawal of candidate at general election
Georgia House of Representatives - 1995/1996 Sessions
HB 111 - Elections; withdrawal of candidate at general election
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Ladd 59th 2. Parsons 40th 3. Wiles 34th
4. Grindley 35th 5. Snelling 99th 6. Ehrhart 36th
House Comm: GAff / Senate Comm: SLGO /
House Vote: Yeas 161 Nays 2 Senate Vote: Yeas 41 Nays 0
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House Action Senate
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1/9/95 Read 1st Time 2/8/95
1/10/95 Read 2nd Time 3/1/95
1/13/95 Favorably Reported 2/28/95
1/23/95 Read 3rd Time 3/14/95
2/7/95 Passed/Adopted 3/14/95
FA Comm/Floor Amend/Sub
3/23/95 Sent to Governor
4/11/95 Signed by Governor
293 Act/Veto Number
7/1/95 Effective Date
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Rules Suspended to Introduce
Tabled 1/23/95
Taken from Table 2/3/95
Code Sections amended: 21-2-134
HB 111 HB 111/FA
H. B. No. 111 (AM)
By: Representatives Ladd of the 59th, Parsons of the 40th,
Wiles of the 34th, Grindley of the 35th, Snelling of the
99th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 21 of the Official Code of Georgia Annotated,
1- 2 relating to elections, so as to authorize a nominated
1- 3 candidate to withdraw as a candidate at the ensuing general
1- 4 election; to provide for procedures; to provide for the
1- 5 filling of vacancies created by such withdrawal; to provide
1- 6 for special elections; to provide for limitations; to repeal
1- 7 conflicting laws; and for other purposes.
1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1- 9 Title 21 of the Official Code of Georgia Annotated, relating
1-10 to elections, is amended by striking Code Section 21-2-134,
1-11 relating to restrictions on the withdrawal of nominated
1-12 candidates, and inserting in its place a new Code Section
1-13 21-2-134 to read as follows:
1-14 "21-2-134. (Index)
1-15 (a)(1) No A candidate nominated at any primary election
1-16 or nonpartisan primary or nominated by means other than
1-17 a primary may withdraw as a candidate at the ensuing
1-18 general election by filing a notarized affidavit of
1-19 withdrawal with the Secretary of State, if nominated for
1-20 a state office, or the county superintendent, if
1-21 nominated for a county office. The qualifying fee shall
1-22 not be returned to the candidate. If the ballots have
1-23 been printed, the Secretary of State or the county
1-24 superintendent may reprint the ballots to omit the name
1-25 of the withdrawn candidate. All votes cast for the
1-26 withdrawn candidate shall be void and shall not be
1-27 counted. Prominent notices shall be posted in all
1-28 polling places in which the name of the withdrawn
1-29 candidate appears on the ballot stating that the
1-30 candidate has withdrawn and that all votes cast for such
1-31 withdrawn candidate shall be void and shall not be
1-32 counted. No vacancy on the ballot for a general
1-33 election or for a nonpartisan election shall be filled
H. B. No. 111
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HB 111/FA
2- 1 except by reason of the withdrawal, death, or
2- 2 disqualification of a candidate.
2- 3 (2) A candidate in a general, special, or nonpartisan
2- 4 primary may withdraw as a candidate after qualifying but
2- 5 prior to the date of the general, special, or
2- 6 nonpartisan primary by filing a notarized affidavit of
2- 7 withdrawal with the Secretary of State, if qualifying
2- 8 for a state office, or the county election
2- 9 superintendent, if qualifying for a county office. A
2-10 candidate of a political body or an independent
2-11 candidate in a general or special election may withdraw
2-12 as a candidate after qualifying but prior to the date of
2-13 the general or special election by filing a notarized
2-14 affidavit of withdrawal with the Secretary of State, if
2-15 qualifying for a state office, or the county election
2-16 superintendent, if qualifying for a county office. The
2-17 qualifying fee shall not be returned to the candidate.
2-18 If the ballots have been printed, the Secretary of State
2-19 or the county election superintendent may reprint the
2-20 ballots to omit the name of the withdrawn candidate.
2-21 All votes cast for the withdrawn candidate shall be void
2-22 and shall not be counted. Prominent notices shall be
2-23 posted in all polling places in which the name of the
2-24 withdrawn candidate appears on the ballot stating that
2-25 the candidate has withdrawn and that all votes cast for
2-26 such withdrawn candidate shall be void and shall not be
2-27 counted.
2-28 (b)(1) Any vacancy in any party nomination filled by a
2-29 primary created by reason of the death or
2-30 disqualification of a candidate occurring after
2-31 nomination may be filled in the following manner:
2-32 (1)(A) In the case of a public office to be filled by
2-33 the vote of the electors of the entire state in which
2-34 the vacancy occurs after nomination but at least ten
2-35 days prior to the election to fill the public office
2-36 sought by such candidate, the vacancy may be filled by
2-37 a substitute nomination made by a convention composed
2-38 of the delegates of the county executive committee of
2-39 such party in each county of the state. Immediately
2-40 upon such vacancy occurring, the state executive
2-41 committee or a subcommittee thereof appointed for the
2-42 purpose shall fix a time within six days of the
2-43 occurrence of such vacancy; shall select and provide a
2-44 convenient place for the holding of such a convention,
H. B. No. 111
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HB 111/FA
3- 1 which shall be open to the public; and shall give
3- 2 notice thereof to the chairman chairperson and
3- 3 secretary of each county executive committee. Each
3- 4 county executive committee shall be entitled to select
3- 5 the number of delegates apportioned to it by the state
3- 6 executive committee; provided, however, that each
3- 7 county executive committee shall be entitled to select
3- 8 at least one delegate. Such apportionment of
3- 9 delegates among the counties shall be based
3-10 substantially upon the population of the state
3-11 according to the last United States decennial census
3-12 or upon the number of votes cast within the state for
3-13 the party's candidates for presidential electors in
3-14 the last presidential election. A two-third's
3-15 two-thirds' majority of the delegates of such county
3-16 executive committees shall constitute a quorum for the
3-17 transaction of business, and a majority of the
3-18 delegates present while a quorum exists shall be
3-19 sufficient to fill such nomination by a substitute
3-20 nomination. Each delegate shall have one vote and all
3-21 votes taken shall be by a roll-call vote. The records
3-22 of the convention shall be filed with the state
3-23 executive committee. In the event such a vacancy in
3-24 party nomination shall occur during the ten days
3-25 preceding the day of such an election, such vacancy
3-26 may be filled by a substitute nomination made by the
3-27 state executive committee or a subcommittee thereof
3-28 appointed for the purpose;
3-29 (2)(B) In the case of a public office for which a
3-30 candidate must qualify with the state executive
3-31 committee, except a public office to be filled by the
3-32 vote of the electors of the entire state, the
3-33 nomination may remain vacant or may be filled at the
3-34 decision of the state executive committee of the
3-35 party. The decision whether to fill such vacancy
3-36 shall be made by the state executive committee by 4:00
3-37 P.M. on the next business day following the actual
3-38 knowledge of the death or disqualification of the
3-39 candidate. The decision of the state executive
3-40 committee shall be immediately transmitted to the
3-41 Secretary of State. If the Secretary of State has not
3-42 been notified of the decision of the state executive
3-43 committee by 4:30 P.M. on the next business day
3-44 following the actual knowledge of the vacancy, it
3-45 shall be conclusively presumed that the state
H. B. No. 111
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HB 111/FA
4- 1 executive committee has decided not to fill the
4- 2 vacancy. If the state executive committee decides not
4- 3 to fill the vacancy, the nomination shall remain
4- 4 vacant. If the state executive committee decides to
4- 5 fill the vacancy, the vacancy shall be filled by a
4- 6 substitute nomination made by the state executive
4- 7 committee or a subcommittee thereof appointed for that
4- 8 purpose; and
4- 9 (3)(C) In the case of a public office for which a
4-10 candidate must qualify with the county executive
4-11 committee, the nomination may remain vacant or may be
4-12 filled at the decision of the state executive
4-13 committee of the party. The state executive committee
4-14 or a subcommittee thereof may determine on its own
4-15 whether to fill the vacancy but is authorized, though
4-16 not required, to seek the recommendation of any of the
4-17 following persons for the purpose of determining
4-18 whether to fill the vacancy: the county executive
4-19 committee, if any; persons from the area who are
4-20 active in the party; persons who are present or former
4-21 officials of the party; persons who presently hold
4-22 political office or have sought political office as
4-23 candidates of the party; or such other persons as the
4-24 committee or subcommittee may desire to consult. The
4-25 decision whether to fill such vacancy shall be made by
4-26 the state executive committee by 4:00 P.M. on the next
4-27 business day following the actual knowledge of the
4-28 death or disqualification of the candidate. The
4-29 decision of the state executive committee shall be
4-30 immediately transmitted to the county superintendent.
4-31 If the county superintendent has not been notified of
4-32 the decision of the state executive committee by 4:30
4-33 P.M. on the next business day following the actual
4-34 knowledge of the vacancy, it shall be conclusively
4-35 presumed that the state executive committee has
4-36 decided not to fill the vacancy. If the state
4-37 executive committee decides not to fill the vacancy,
4-38 the nomination shall remain vacant. If the state
4-39 executive committee decides to fill the vacancy, the
4-40 vacancy shall be filled by a substitute nomination
4-41 made by the state executive committee or a
4-42 subcommittee thereof appointed for that purpose. The
4-43 state executive committee or a subcommittee thereof
4-44 may determine on its own who shall fill the vacancy as
4-45 a substitute nominee but is authorized, though not
H. B. No. 111
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HB 111/FA
5- 1 required, to seek the recommendation of any of the
5- 2 following persons for the purpose of determining the
5- 3 most suitable substitute nomination: the county
5- 4 executive committee, if any; persons from the area who
5- 5 are active in the party; persons who are present or
5- 6 former officials of the party; persons who presently
5- 7 hold political office or have sought political office
5- 8 as candidates of the party; or such other persons as
5- 9 the committee or subcommittee may desire to consult.
5-10 (2) Any vacancy which occurs in any party nomination
5-11 filled by a primary and which is created by reason of
5-12 the withdrawal of a candidate 60 or more days prior to
5-13 the date of the election shall be filled as follows:
5-14 (A) By the person seeking nomination in such primary
5-15 who received the second highest total of votes cast in
5-16 such primary for that office, provided that such
5-17 person received not less than 40 percent of the votes
5-18 cast for that office; or
5-19 (B) In the event no person received the vote total
5-20 required under division (i) of this subparagraph, such
5-21 vacancy shall be filled in the same manner as provided
5-22 in subparagraph (A), (B), or (C) of paragraph (1) of
5-23 this subsection, as appropriate.
5-24 (c) Any vacancy occurring in any body nomination or party
5-25 nomination filled by means other than by primary, by
5-26 reason of the withdrawal, death, or disqualification of
5-27 any candidate after nomination, may be filled by a
5-28 substitute nomination made by such committee as is
5-29 authorized by the rules and regulations of the party or
5-30 body to make nominations in the event of vacancies on the
5-31 party or body ticket.
5-32 (d) If the withdrawal, death, or disqualification of a
5-33 candidate after nomination for any public office, except
5-34 an office filled by a nonpartisan primary, would at the
5-35 time of such event result in there being no candidate for
5-36 that office on the ballot in the general election, then
5-37 the vacancy shall be filled by a special primary which
5-38 shall be open only to the party of such deceased,
5-39 withdrawn, or disqualified candidate and the office shall
5-40 be filled by a special election as provided in Code
5-41 Section 21-2-540.
5-42 (e) In the event a candidate withdraws, dies, or is
5-43 disqualified after the nonpartisan primary but before the
H. B. No. 111
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HB 111/FA
6- 1 nonpartisan election, no special nonpartisan primary shall
6- 2 be held and the nonpartisan election shall be conducted in
6- 3 the following manner:
6- 4 (1) If the vacancy occurs prior to 60 days before the
6- 5 general election, the nonpartisan election shall be held
6- 6 on the date of the November election. If no candidate
6- 7 receives a majority of the votes cast, a runoff shall be
6- 8 held on the date of the general election runoff. Upon
6- 9 actual knowledge of the withdrawal, death, or
6-10 disqualification of a candidate, the Secretary of State
6-11 shall reopen qualifications for any state office and the
6-12 election superintendent shall reopen qualifications for
6-13 any county office for a period of not less than one nor
6-14 more than three days after notice has been published in
6-15 a newspaper of appropriate circulation. The names of
6-16 candidates who qualify shall be placed on the
6-17 nonpartisan election ballot in the arrangement and form
6-18 prescribed by the Secretary of State or the election
6-19 superintendent but shall conform insofar as practicable
6-20 with Code Section 21-2-285.1. The list of electors
6-21 qualified to vote in the nonpartisan election shall be
6-22 the same list as is used in the general election; and
6-23 (2) If the vacancy occurs within 60 days of the general
6-24 election, the nonpartisan election shall be held on the
6-25 date of the general election runoff. If no candidate
6-26 receives a majority of the votes cast, a runoff shall be
6-27 held on the fourteenth day after the election. Upon
6-28 actual knowledge of the withdrawal, death, or
6-29 disqualification of a candidate, the Secretary of State
6-30 shall reopen qualifications for any state office and the
6-31 election superintendent shall reopen qualifications for
6-32 any county office for a period of not less than one nor
6-33 more than three days. All candidates who qualify shall
6-34 be placed on the nonpartisan ballot. The form of the
6-35 ballot shall be as prescribed by the Secretary of State
6-36 or the election superintendent. The list of electors
6-37 qualified to vote in the nonpartisan election shall be
6-38 the same list as used in the general election.
6-39 (f) Upon the making of any such substitute nomination, in
6-40 the manner prescribed in subsection (b) or subsection (c)
6-41 of this Code section, it shall be the duty of the chairman
6-42 chairperson and secretary of the convention or committee
6-43 making the nomination to file with the Secretary of State
6-44 or with the superintendent, as the case may be, a
H. B. No. 111
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HB 111/FA
7- 1 nomination certificate which shall be signed by such
7- 2 chairman chairperson and secretary. Every such certificate
7- 3 of nomination shall be sworn to by the chairman
7- 4 chairperson and secretary before an officer qualified to
7- 5 administer oaths."
SECTION 2.
7- 6 All laws and parts of laws in conflict with this Act are
7- 7 repealed.
H. B. No. 111
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Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97