HB 123 - Tattnall County; board of elections; create
Georgia House of Representatives - 1995/1996 Sessions
HB 123 - Tattnall County; board of elections; create
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
1. Barnard 154th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 102 Nays 0 Senate Vote: Yeas Nays
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House Action Senate
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1/10/95 Read 1st Time 1/13/95
1/11/95 Read 2nd Time
1/12/95 Favorably Reported 1/24/95
1/12/95 Read 3rd Time
1/12/95 Passed/Adopted 1/24/95
3/20/95 Sent to Governor
3/27/95 Signed by Governor
111 Act/Veto Number
3/27/95 Effective Date
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Code Sections amended:
HB 123 LC 22 1375
A BILL TO BE ENTITLED
AN ACT
1- 1 To create the Tattnall County Board of Elections and provide
1- 2 that it will succeed to the powers and duties of the
1- 3 election superintendent; to provide for appointment and
1- 4 qualifications of its members; to provide for its initial
1- 5 and subsequent membership and for terms, resignations,
1- 6 removal, vacancies, and oaths; to provide for a chairperson
1- 7 and the term, powers, and duties thereof; to provide for
1- 8 compensation of the chairperson, members, and staff of the
1- 9 board; to provide for powers and duties of the board; to
1-10 provide for board organization and regulations; to provide
1-11 for the expenditure of public funds by the board; to relieve
1-12 the election superintendent of certain powers and duties and
1-13 require certain transfers to the board; to provide for
1-14 offices, supplies, and staff; to provide for board
1-15 contracts; to provide for definitions; to provide for
1-16 authority; to require certain submissions; to repeal
1-17 conflicting laws; and for other purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-19 There is created in and for Tattnall County the Tattnall
1-20 County Board of Elections, sometimes referred to in this Act
1-21 as the "board." The board is empowered with the powers and
1-22 duties of the election superintendent relating to the
1-23 conduct of primaries and elections.
SECTION 2.
1-24 The board shall be composed of three members, each of whom
1-25 shall be an elector and resident of Tattnall County, and
1-26 shall be appointed in the following manner:
1-27 (1) One member shall be appointed by the chairperson of
1-28 the Tattnall County executive committee of the political
1-29 party whose candidate for Governor at the last preceding
1-30 general election received the largest number of votes
1-31 within the county. One member shall be appointed by the
1-32 chairperson of the Tattnall County executive committee
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LC 22 1375
2- 1 of the political party whose candidate for Governor at
2- 2 such election received the next largest number of such
2- 3 votes. One member shall be appointed by the governing
2- 4 authority of Tattnall County.
2- 5 (2) Each of the appointments made by the respective
2- 6 executive committee chairpersons shall have been
2- 7 ratified by a majority of the members of each of such
2- 8 respective executive committees voting at a meeting duly
2- 9 called and held for such purposes. In the event such
2-10 appointments are not ratified by a majority of the
2-11 members of such executive committees at least 30 days
2-12 preceding the date on which such members are to take
2-13 office, then such members shall be appointed in
2-14 accordance with the provisions of Section 3 of this Act.
SECTION 3.
2-15 The appointment of each member shall be made by the
2-16 respective appointing authority by filing an affidavit with
2-17 the clerk of the Superior Court of Tattnall County no later
2-18 than 30 days preceding the date at which such member is to
2-19 take office, stating the name and residential address of the
2-20 person appointed or elected and certifying that such member
2-21 has been duly appointed as provided in this Act. That clerk
2-22 of the superior court shall record each of such
2-23 certifications on the minutes of the court, shall certify
2-24 the name of each such appointed member to the Secretary of
2-25 State, and shall provide for the issuance of appropriate
2-26 commissions to the members and chairperson within the same
2-27 time and in the same manner as provided by law for
2-28 registrars. In the event any appointing authority fails to
2-29 make a regular appointment within the times specified in
2-30 this section and in subsection (2) of Section 2 or to make
2-31 an interim appointment or election to fill a vacancy within
2-32 60 days after the creation of such vacancy, such regular
2-33 member or the member to fill such vacancy shall be appointed
2-34 forthwith by the governing authority of Tattnall County.
SECTION 4.
2-35 (a) The initial members of the Tattnall County Board of
2-36 Elections created by this Act shall serve for a term of
2-37 office beginning May 1, 1995, and expiring December 31,
2-38 1996, and until the selection and qualification of their
2-39 respective successors. Thereafter, all appointees shall
2-40 serve for a term of two years beginning on the first day of
2-41 January immediately following the expiration of such
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LC 22 1375
3- 1 member's respective predecessor's term of office and until a
3- 2 successor is appointed and qualified, except in the event of
3- 3 a resignation or removal as provided in this Act.
3- 4 Successors shall be appointed in accordance with the
3- 5 provisions of Section 2 of this Act.
3- 6 (b) Successors and future successors shall be appointed in
3- 7 the manner described in Section 2 of this Act and shall
3- 8 serve for terms of office of two years each and until their
3- 9 successors are duly appointed and qualified.
SECTION 5.
3-10 (a) Each member shall be eligible to succeed himself or
3-11 herself and shall have the right to resign at any time by
3-12 giving written notice of resignation to the county governing
3-13 authority and to the clerk of the Superior Court of Tattnall
3-14 County.
3-15 (b) All members shall be subject to removal from the board
3-16 at any time, for cause after notice and hearing, in the same
3-17 manner and by the same authority as provided for removal of
3-18 registrars.
SECTION 6.
3-19 In the event a vacancy occurs in the office of any member
3-20 of the board before the expiration of such person's term by
3-21 removal, death, resignation, or otherwise, the appointing
3-22 authority which appointed the member who has created the
3-23 vacancy shall appoint a successor to serve the remainder of
3-24 the unexpired term in the manner described in Section 2 of
3-25 this Act. The clerk of the Superior Court of Tattnall
3-26 County shall be notified of interim appointments and shall
3-27 record and certify such appointments and changes in the same
3-28 manner as for the regular appointments of members.
SECTION 7.
3-29 Before entering upon their duties, all members shall take
3-30 substantially the same oath as required by law for
3-31 registrars and shall have the same privileges from arrest.
SECTION 8.
3-32 No person who holds elective public office shall be eligible
3-33 for appointment to the board during the term of such
3-34 elective office, and the position of any member shall be
3-35 deemed vacant upon such member's qualifying as a candidate
3-36 for elective office.
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LC 22 1375
SECTION 9.
4- 1 (a) The member appointed by the governing authority of
4- 2 Tattnall County shall serve as chairperson of the board.
4- 3 The chairperson of the board shall be the chief executive
4- 4 officer of the board and shall generally supervise, direct,
4- 5 and control the administration of the affairs of the board
4- 6 pursuant to law and duly adopted resolutions of the board.
4- 7 (b) The board shall fix and establish by appropriate
4- 8 resolution entered on its minutes directives governing the
4- 9 execution of matters within its jurisdiction.
SECTION 10.
4-10 Compensation for the chairperson and members of the board,
4-11 clerical assistants, and other employees shall be such as
4-12 may be fixed by the governing authority of Tattnall County.
4-13 Said compensation shall be paid totally from county funds of
4-14 Tattnall County.
SECTION 11.
4-15 The board shall have the following powers and duties:
4-16 (1) It shall succeed to and exercise all of the duties
4-17 granted to and incumbent upon the election
4-18 superintendent of Tattnall County pursuant to the
4-19 provisions of Title 21 of the O.C.G.A., as now or
4-20 hereafter amended, and any other provision of law.
4-21 (2) It shall formulate, adopt, and promulgate rules and
4-22 regulations, consistent with law and the rules and
4-23 regulations of the state executive committee of each
4-24 political party, governing the conduct of primaries to
4-25 the end that, insofar as practicable, all primaries
4-26 shall be uniformly conducted by the board, poll workers
4-27 shall be properly trained, and voters shall be
4-28 adequately informed and instructed. Any rule or
4-29 regulation promulgated by a county executive committee
4-30 under the provisions of Code Section 21-2-111 of the
4-31 O.C.G.A., relating to the conduct of primaries, shall be
4-32 null and void if in conflict with a valid rule or
4-33 regulation of the board.
4-34 (3) It shall be responsible for the selection,
4-35 appointment, and training of poll workers in elections;
4-36 and such workers shall be appointed, insofar as
4-37 practicable, from lists provided to the board by the
4-38 county executive committee of each political party.
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LC 22 1375
SECTION 12.
5- 1 The board shall be authorized and empowered to organize
5- 2 itself, determine its procedural rules and regulations,
5- 3 adopt bylaws, specify the functions and duties of its
5- 4 employees, and otherwise take such action as is appropriate
5- 5 to the management of the affairs committed to its
5- 6 supervision; provided, however, that no such action shall be
5- 7 in conflict with any other provision of law.
SECTION 13.
5- 8 With the consent of the governing authority of Tattnall
5- 9 County, the board shall be authorized to expend public funds
5-10 for the purpose of distributing sample ballots, voter
5-11 information booklets, and other material designed to inform
5-12 and instruct adequately electors of the county with regard
5-13 to elections.
SECTION 14.
5-14 The election superintendent of Tattnall County is relieved
5-15 from all powers and duties to which the board succeeds by
5-16 the provisions of this Act and shall deliver thereafter to
5-17 the chairperson of the board, upon that person's written
5-18 request, the custody of all equipment, supplies, materials,
5-19 books, papers, records, and facilities of every kind
5-20 pertaining to such powers and duties. The judge of the
5-21 Probate Court of Tattnall County shall continue to swear in
5-22 all persons elected to public office.
SECTION 15.
5-23 The governing authority of Tattnall County shall provide the
5-24 board with such proper and suitable offices and with such
5-25 clerical assistants and other employees as the governing
5-26 authority shall deem appropriate.
SECTION 16.
5-27 The board shall have the authority to contract with any
5-28 municipality located within Tattnall County for the holding
5-29 of any primary or election by the board to be conducted
5-30 within the municipality.
SECTION 17.
5-31 The words "election," "elector," "political party,"
5-32 "primary," "public office," "special election," and "special
5-33 primary" shall have the same meaning ascribed to those words
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LC 22 1375
6- 1 by Code Section 21-2-2 of the O.C.G.A. unless otherwise
6- 2 clearly apparent from the text of this Act.
SECTION 18.
6- 3 This Act is enacted pursuant to the authority granted by
6- 4 Code Section 21-2-40 of the O.C.G.A. to create boards of
6- 5 election by local Act.
SECTION 19.
6- 6 It shall be the duty of the governing authority of Tattnall
6- 7 County to require the attorney therefor to submit this Act,
6- 8 pursuant to Section 5 of the federal Voting Rights Act of
6- 9 1965, to the United States Attorney General for approval.
SECTION 20.
6-10 All laws and parts of laws in conflict with this Act are
6-11 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97