Georgia House of Representatives - 1995/1996 Sessions

HB 789 - Oglethorpe County; probate court judge; nonpartisan

Page Numbers - 1/ 2

1. McCall  90th


House Comm: LLeg       /                Senate Comm: SLGO       /               
House Vote: Yeas 93    Nays 7           Senate Vote: Yeas 50  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              2/17/95  Read 1st Time         2/22/95                            
              2/20/95  Read 2nd Time                                            
              2/21/95  Favorably Reported    3/6/95                             
              2/21/95  Read 3rd Time                                            
              2/21/95  Passed/Adopted        3/6/95                             
              3/31/95  Sent to Governor                                         
              4/5/95   Signed by Governor                                       
              223      Act/Veto Number                                          
              4/5/95   Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended:                                                          


HB 789                                             LC 9 8227






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To provide for the nonpartisan nomination and election of
  1- 2  the judge of the Probate Court of Oglethorpe County; to
  1- 3  provide for the requirements and procedures of the
  1- 4  nonpartisan nomination and election; to provide for other
  1- 5  matters relative to the foregoing; to provide for an
  1- 6  effective date; to repeal conflicting laws; and for other
  1- 7  purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  The judge of the Probate Court of Oglethorpe County shall be
  1-10  elected by the qualified voters of Oglethorpe County in a
  1-11  nonpartisan primary and election.  Except as otherwise
  1-12  provided in this Act, the judge of the probate court shall
  1-13  be elected pursuant to the general election laws of Georgia.

                         SECTION 2.

  1-14  Beginning January 1, 1996, and every four years thereafter,
  1-15  the judge of the probate court shall be elected at the
  1-16  nonpartisan primary and general election immediately
  1-17  preceding the expiration of the term of office of the judge
  1-18  of the probate court.

                         SECTION 3.

  1-19  A candidate for the office of judge of the probate court
  1-20  shall be nominated in a nonpartisan primary to be held at
  1-21  the same time as and in conjunction with the general primary
  1-22  every four years.  A nominating petition shall not be
  1-23  required to place the name of any such candidate on the
  1-24  primary ballot.  A candidate may have his or her name placed
  1-25  on the primary ballot by filing a notice of candidacy with
  1-26  the county election superintendent and by paying the
  1-27  qualifying fee.






                                 -1- (Index)

                                                   LC 9 8227

                         SECTION 4.

  2- 1  The candidate receiving a majority of votes in the
  2- 2  nonpartisan primary shall be the nominee for the office of
  2- 3  judge of the probate court and shall be the only candidate
  2- 4  for such office to have his or her name appear on the
  2- 5  general election ballot.  In the event no candidate receives
  2- 6  a majority of the votes cast, the two candidates receiving
  2- 7  the highest number of votes for the office shall be in a
  2- 8  runoff to be held on the same day as a runoff from the
  2- 9  general primary, as provided by state law, to determine
  2-10  which candidate will be on the general election ballot.

                         SECTION 5.

  2-11  The name of all candidates for the office of judge of the
  2-12  probate court shall appear in a separate section of each
  2-13  primary and general election ballot of each elector.  No
  2-14  party designation or affiliation shall appear beside the
  2-15  name of any such candidate on any primary or general
  2-16  election ballot, and no candidate for the office of judge of
  2-17  the probate court shall be nominated by any political party.

                         SECTION 6.

  2-18  This Act shall become effective upon its approval by the
  2-19  Governor or upon its becoming law without such approval.

                         SECTION 7.

  2-20  All laws and parts of laws in conflict with this Act are
  2-21  repealed.




















                                 -2- (Index)