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HB 1600 - Chattooga County; board of elections and registration; create

Reece, Barbara Massey (11th)

Status Summary	HC:	LLeg	SC:	SLGO	FR:	02/24/00	LA:	04/19/00	Signed by Governor

First Reader Summary

A BILL to create a board of elections and registration for Chattooga County and provide for its powers and duties; and for other purposes.

HB 1600                                            LC 24 1672 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To create a board of elections and registration for 
  1- 2  Chattooga County and provide for its powers and duties; to 
  1- 3  provide for the composition of the board and the 
  1- 4  appointment, qualification, and terms of its members; to 
  1- 5  provide for resignation, succession, and removal of members 
  1- 6  and for filling vacancies; to provide for oaths and 
  1- 7  privileges; to relieve certain boards and officers of 
  1- 8  certain powers and duties and provide for the transfer of 
  1- 9  certain items to the newly created board; to abolish a 
  1-10  certain board and office; to provide for the chairperson and 
  1-11  the powers and duties of such chairperson; to provide for 
  1-12  board employees and their compensation; to provide for 
  1-13  expenditures of public funds for certain purposes; to 
  1-14  provide for compensation of the chairperson and members of 
  1-15  the board; to provide for offices and equipment; to provide 
  1-16  for the meaning of certain terms; to provide for a 
  1-17  referendum and automatic repeal; to provide for effective 
  1-18  dates; to repeal conflicting laws; and for other purposes. 
 
  1-19       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-20                           SECTION 1. 
 
  1-21  Pursuant to Code Section 21-2-40 of the O.C.G.A. there is 
  1-22  created the Chattooga County Board of Elections and 
  1-23  Registration. The board shall have the powers and duties of 
  1-24  the election superintendent of Chattooga County with regard 
  1-25  to the conduct of primaries and elections and shall have the 
  1-26  powers and duties of the board of registrars relating to the 
  1-27  registration of voters and absentee balloting procedures. 
 
  1-28                           SECTION 2. 
 
  1-29  (a) The board shall be composed of five members, each of 
  1-30  whom shall be an elector and resident of Chattooga County. 
 
  1-31  (b) No person who holds or is a candidate for an elective 
  1-32  public office or who serves as an officer, employee, 
  1-33  committee member, or other representative of either a 
  1-34  political campaign of a candidate for elected public office 
 
 
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  2- 1  or a political party, or who makes a financial contribution 
  2- 2  to a candidate or party, or who is engaged on behalf of any 
  2- 3  candidate for an elective public office in the solicitation 
  2- 4  of votes for such candidate shall be eligible to serve as a 
  2- 5  member of the board during the term of such elective office 
  2- 6  or within two years after such active political 
  2- 7  participation as described in this subsection, and the 
  2- 8  position of any member of the board shall be deemed vacant 
  2- 9  upon such member's qualifying as a candidate for elective 
  2-10  public office or upon such member's engaging in such 
  2-11  political activity described in this subsection. This 
  2-12  subsection shall not prohibit a nonelective employee of the 
  2-13  county governing authority from serving as a member of the 
  2-14  board of elections and registration. 
 
  2-15  (c) The first members of the board shall be appointed as 
  2-16  follows: 
 
  2-17      (1) Two members shall be appointed for initial terms 
  2-18      beginning January 1, 2001, and expiring December 31, 
  2-19      2004; and 
 
  2-20      (2) Three members shall be appointed for initial terms 
  2-21      beginning January 1, 2001, and expiring December 31, 
  2-22      2002. 
 
  2-23  (d) After the initial terms of office, successors to members 
  2-24  whose terms are about to expire shall be appointed to take 
  2-25  office on the first day of January immediately following the 
  2-26  expiration of a term of office and shall serve for terms of 
  2-27  four years each and until their successors are duly 
  2-28  appointed and qualified. 
 
  2-29  (e) All members of the Chattooga County Board of Elections 
  2-30  and Registration shall be appointed by the chief judge of 
  2-31  the superior court of the judicial circuit that includes 
  2-32  Chattooga County. 
 
  2-33  (f) The chief judge of the superior court of the judicial 
  2-34  circuit that includes Chattooga County shall select one of 
  2-35  the members to serve as chairperson. 
 
  2-36                           SECTION 3. 
 
  2-37  The appointment of each member shall be made by the 
  2-38  appointing authority's filing with the clerk of the Superior 
  2-39  Court of Chattooga County an affidavit which states the name 
  2-40  and residential address of the person appointed and 
  2-41  certifies that such member has been duly appointed as 
  2-42  provided in this Act. The clerk of the superior court shall 
 
 
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  3- 1  record each of such certifications on the minutes of the 
  3- 2  court and shall certify the name of each such member to the 
  3- 3  Secretary of State and provide for the issuance of 
  3- 4  appropriate commissions to the members and chairperson 
  3- 5  within the same time and in the same manner as provided by 
  3- 6  law for registrars.  If any appointing authority does not, 
  3- 7  in conformity with this Act, certify an appointment to the 
  3- 8  board no later than 30 days after the beginning of a term of 
  3- 9  office or within 30 days after the creation of a vacancy in 
  3-10  that office, a vacancy shall be deemed to have been thereby 
  3-11  created and the Governor, pursuant to Article V, Section II, 
  3-12  Paragraph VIII(a) of the Constitution of the State of 
  3-13  Georgia, shall fill that vacancy by making the appointment 
  3-14  thereto and shall certify it as provided in this section. 
  3-15  Any person appointed to fill a vacancy shall serve out the 
  3-16  unexpired term of office. 
 
  3-17                           SECTION 4. 
 
  3-18  Each member of the board shall be eligible to succeed 
  3-19  himself or herself without limitation and shall have the 
  3-20  right to resign at any time by giving written notice of his 
  3-21  or her resignation to the appointing authority and to the 
  3-22  clerk of the Superior Court of Chattooga County.  Each 
  3-23  member shall be subject to removal from the board by the 
  3-24  chief judge of the superior court of the judicial circuit 
  3-25  that includes Chattooga County at any time, for cause, after 
  3-26  notice of the right to have a timely hearing, in the same 
  3-27  manner and by the same authority as provided for removal of 
  3-28  registrars. 
 
  3-29                           SECTION 5. 
 
  3-30  In the event a vacancy occurs in the office of any member of 
  3-31  the board by removal, death, resignation, or otherwise, 
  3-32  except by expiration of term, the chief judge of the 
  3-33  superior court of the judicial circuit that includes 
  3-34  Chattooga County shall appoint a successor for the remainder 
  3-35  of the unexpired term.  The clerk of the superior court 
  3-36  shall be notified of interim appointments and record and 
  3-37  certify such appointments in the same manner as the regular 
  3-38  appointment of members. 
 
  3-39                           SECTION 6. 
 
  3-40  Before entering upon his or her duties, each member of the 
  3-41  board shall take substantially the same oath as required by 
  3-42  law for registrars. Each member of the board shall have the 
  3-43  same privileges from arrest as registrars. 
 
 
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  4- 1                           SECTION 7. 
 
  4- 2  On January 1, 2001, the election superintendent and board of 
  4- 3  registrars of Chattooga County shall be relieved from all 
  4- 4  powers and duties to which the board succeeds by the 
  4- 5  provisions of this Act; and they shall deliver thereafter to 
  4- 6  the chairperson of the board, upon his or her written 
  4- 7  request, the custody of all equipment, supplies, materials, 
  4- 8  books, papers, records, and facilities of every kind 
  4- 9  pertaining to such powers and duties.  Also, at such time, 
  4-10  the board of registrars and the office of chief registrar of 
  4-11  Chattooga County shall be abolished. 
 
  4-12                           SECTION 8. 
 
  4-13  The chairperson of the board shall be the chief executive 
  4-14  officer of the board and shall generally supervise, direct, 
  4-15  and control the administration of the affairs of the board 
  4-16  pursuant to law and duly adopted resolutions of the board. 
  4-17  The board shall fix and establish by appropriate resolution 
  4-18  entered on its minutes directives governing the execution of 
  4-19  matters within its jurisdiction. 
 
  4-20                           SECTION 9. 
 
  4-21  The board shall be authorized to employ such full-time and 
  4-22  part-time employees, including a full-time chief clerk, as 
  4-23  the board shall deem necessary.  The governing authority of 
  4-24  Chattooga County shall have the right to approve the number 
  4-25  of employees to be hired by the board. 
 
  4-26                          SECTION 10. 
 
  4-27  The board shall propose an annual budget to the county 
  4-28  governing authority for approval or negotiation detailing 
  4-29  the expenditures necessary for the execution of its duties. 
  4-30  With the consent of the governing authority of Chattooga 
  4-31  County, the board of elections and registration shall be 
  4-32  authorized to expend public funds for the purpose of 
  4-33  distributing sample ballots, voter information booklets, and 
  4-34  other material designed to inform and instruct adequately 
  4-35  the electors of the county with regard to elections. 
 
  4-36                          SECTION 11. 
 
  4-37  Compensation for the chairperson and other members of the 
  4-38  board and for employees of the board shall be fixed by the 
  4-39  board with the approval of the governing authority of 
  4-40  Chattooga County.  Such compensation shall be paid from 
  4-41  county funds. 
 
 
 
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  5- 1                          SECTION 12. 
 
  5- 2  The governing authority of Chattooga County shall provide 
  5- 3  the board with proper and suitable offices and equipment. 
 
  5- 4                          SECTION 13. 
 
  5- 5  The Chattooga County Board of Elections and Registration 
  5- 6  shall have the authority to contract with any municipal 
  5- 7  corporation located within the county for the holding by the 
  5- 8  board of any primary or election to be conducted within the 
  5- 9  municipal corporation. 
 
  5-10                          SECTION 14. 
 
  5-11  The words "election," "elector," "political party," 
  5-12  "primary," "public office," "special election," and "special 
  5-13  primary" shall have the same meaning ascribed to those words 
  5-14  by Code Section 21-2-2 of the O.C.G.A., unless otherwise 
  5-15  clearly apparent from the text of this Act. 
 
  5-16                          SECTION 15. 
 
  5-17  Unless prohibited by the federal Voting Rights Act of 1965, 
  5-18  as amended, the election superintendent of Chattooga County 
  5-19  shall call and conduct an election as provided in this 
  5-20  section for the purpose of submitting this Act to the 
  5-21  electors of Chattooga County for approval or rejection.  The 
  5-22  election superintendent shall conduct that election on the 
  5-23  date of the general election to be held in November, 2000, 
  5-24  and shall issue the call and conduct that election as 
  5-25  provided by general law.  The superintendent shall cause the 
  5-26  date and purpose of the election to be published once a week 
  5-27  for two weeks immediately preceding the date thereof in the 
  5-28  official organ of Chattooga County.  The ballot shall have 
  5-29  written or printed thereon the words: 
 
  5-30    "(  ) YES Shall the Act be approved which creates a 
  5-31              board of elections and registration for 
  5-32     (  ) NO  Chattooga County contingent upon a 
  5-33              referendum?" 
 
  5-34  All persons desiring to vote for approval of the Act shall 
  5-35  vote "Yes," and those persons desiring to vote for rejection 
  5-36  of the Act shall vote "No."  If more than one-half of the 
  5-37  votes cast on such question are for approval of the Act, it 
  5-38  shall become of full force and effect immediately.  If the 
  5-39  Act is not so approved or if the election is not conducted 
  5-40  as provided in this section, the remaining sections of this 
  5-41  Act shall not become effective and this Act shall be 
 
 
 
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  6- 1  automatically repealed on the first day of January 
  6- 2  immediately following that election date. 
 
  6- 3  The expense of such election shall be borne by Chattooga 
  6- 4  County.  It shall be the election superintendent's duty to 
  6- 5  certify the result thereof to the Secretary of State. 
 
  6- 6                          SECTION 16. 
 
  6- 7  Section 15 of this Act shall become effective on the 
  6- 8  signature of the Governor or upon its becoming law without 
  6- 9  such approval. The remaining sections of this Act shall 
  6-10  become effective on January 1, 2001, except that for 
  6-11  purposes of making initial appointments to the board, they 
  6-12  shall become effective December 1, 2000. 
 
  6-13                          SECTION 17. 
 
  6-14  All laws and parts of laws in conflict with this Act are 
  6-15  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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