Georgia Senate - 1995/1996 Sessions

SB 40 - Banks Co. Chief Magistrate - 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                                       
             84        Act/Veto Number                                          
           ---------------------------------------------                        
                                                                                
Code Sections amended:                                                          


SB 40 95                                           LC 9 7958

      SENATE BILL 40

      By:  Senator Madden of the 47th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To provide for the nonpartisan nomination and election of
  1- 2  the chief magistrate of the Magistrate Court of Banks
  1- 3  County; to provide for the requirements and procedures of
  1- 4  the nonpartisan nomination and election; to provide for
  1- 5  other matters relative to the foregoing; to provide for the
  1- 6  authority for this Act; to repeal conflicting laws; and for
  1- 7  other purposes.

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

                         SECTION 1.

  1- 9  The chief magistrate of the Magistrate Court of Banks County
  1-10  shall be elected by the qualified voters of Banks County in
  1-11  a nonpartisan primary and election.  Except as otherwise
  1-12  provided in this Act, the chief magistrate of the magistrate
  1-13  court shall be elected pursuant to the general elections
  1-14  laws of Georgia.

                         SECTION 2.

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

                         SECTION 3.

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



                              S. B. 40
                                 -1- (Index)

                                                   LC 9 7958

  2- 1  of candidacy with the county election superintendent and by
  2- 2  paying the 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  chief magistrate of the magistrate court and shall be the
  2- 6  only candidate for such office to have his or her name
  2- 7  appear on the general election ballot.  In the event no
  2- 8  candidate receives a majority of the votes cast, the two
  2- 9  candidates receiving the highest number of votes for the
  2-10  office shall be in a runoff to be held on the same day as a
  2-11  runoff from the general primary, as provided by state law,
  2-12  to determine which candidate will be on the general election
  2-13  ballot.

                         SECTION 5.

  2-14  The names of all candidates for the office of chief
  2-15  magistrate of the magistrate court shall appear in a
  2-16  separate section of each primary and general election ballot
  2-17  of each elector.  No party designation or affiliation shall
  2-18  appear beside the name of any such candidate on any primary
  2-19  or general election ballot, and no candidate for the office
  2-20  of chief magistrate of the magistrate court shall be
  2-21  nominated by any political party.

                         SECTION 6.

  2-22  This Act is enacted pursuant to the authority of Code
  2-23  Section 21-2-139 of the O.C.G.A.

                         SECTION 7.

  2-24  All laws and parts of laws in conflict with this Act are
  2-25  repealed.














                              S. B. 40
                                 -2- (Index)