Georgia Senate - 1995/1996 Sessions

SB 39 - Banks Co. Probate Judge - nonpartisan nomination, election

Page Numbers - 1/ 2

1. Madden  47th


Senate Comm: SLGO       /         House Comm: L Leg      /                      
Senate Vote: Yeas 52    Nays 0                                                  
           ---------------------------------------------                        
              Senate          Action          House                             
           ---------------------------------------------                        
             1/10/95   Read 1st time          1/13/95                           
             1/12/95   Favorably Reported     1/24/95                           
                       Read 2nd Time          1/23/95                           
                       Read 3rd Time          1/24/95                           
             1/12/95   Passed/Adopted         1/24/95                           
             3/24/95   Sent To Governor                                         
             3/27/95   Signed by Governor                                       
             85        Act/Veto Number                                          
           ---------------------------------------------                        
                                                                                
Code Sections amended:                                                          


SB 39 95                                           LC 9 7957

      SENATE BILL 39

      By:  Senator Madden of the 47th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To provide for the nonpartisan nomination and election of
21ddmadePt€C@PÎt€C@PŒ
t€C@PJt€C@Pt€C@P
  1- 3  for the requirements and procedures of the nonpartisan
  1- 4  nomination and election; to provide for other matters
  1- 5  relative to the foregoing; to provide for the authority for
  1- 6  this Act; 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 Banks County shall be
  1-10  elected by the qualified voters of Banks 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 elections laws of
  1-14  Georgia.

                         SECTION 2.

  1-15  Beginning with the election held in 1996 and every four
  1-16  years thereafter, the judge of the probate court shall be
  1-17  elected at the nonpartisan primary and general election
  1-18  immediately preceding the expiration of the term of office
  1-19  of the judge of the probate court, and shall take office on
  1-20  January 1 immediately following such election for a term of
  1-21  four years and until such judge's successor is elected and
  1-22  qualified.

                         SECTION 3.

  1-23  Candidates for the office of judge of the probate court
  1-24  shall be nominated in a nonpartisan primary to be held at
  1-25  the same time as and in conjunction with the general primary
  1-26  every four years.  A nominating petition shall not be
  1-27  required to place the name of any such candidate on the
  1-28  primary ballot.  A candidate may have his or her name placed
  1-29  on the primary ballot by filing a notice of candidacy with



                              S. B. 39
                                 -1- (Index)

                                                   LC 9 7957

  2- 1  the county election superintendent and by paying the
  2- 2  qualifying fee.

                         SECTION 4.

  2- 3  The candidate receiving a majority of votes in the
  2- 4  nonpartisan primary shall be the nominee for the office of
  2- 5  judge of the probate court and shall be the only candidate
  2- 6  for such office to have his or her name appear on the
  2- 7  general election ballot.  In the event no candidate receives
  2- 8  a majority of the votes cast, the two candidates receiving
  2- 9  the highest number of votes for the office shall be in a
  2-10  runoff to be held on the same day as a runoff from the
  2-11  general primary, as provided by state law, to determine
  2-12  which candidate will be on the general election ballot.

                         SECTION 5.

  2-13  The names of all candidates for the office of judge of the
  2-14  probate court shall appear in a separate section of each
  2-15  primary and general election ballot of each elector.  No
  2-16  party designation or affiliation shall appear beside the
  2-17  name of any such candidate on any primary or general
  2-18  election ballot, and no candidate for the office of judge of
  2-19  the probate court shall be nominated by any political party.

                         SECTION 6.

  2-20  This Act is enacted pursuant to the authority of Code
  2-21  Section 21-2-139 of the O.C.G.A.

                         SECTION 7.

  2-22  All laws and parts of laws in conflict with this Act are
  2-23  repealed.
















                              S. B. 39
                                 -2- (Index)