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SB 6 - Petition for Write-in Candidacy - circulation

Ray, II, William M (48th)	Thomas, Nadine (10th)	Balfour, Don (9th)

Status Summary	SC:	SLGO	HC:	GAff	FR:	01/12/99	LA:	03/24/99	H - Committed (CS )

First Reader Summary

A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, limitations as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions; and for other purposes.

Code Sections - 6-10-71 of the Official Code of Georgia

SB 6   99                                         LC 24 1316S 
                                                       (SCS) 
      SENATE BILL 6 
 
      By:  Senators Ray of the 48th, Thomas of the 10th and 
           Balfour of the 9th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 21 of the Official Code of Georgia Annotated, 
  1- 2  relating to elections, so as to provide for the 
  1- 3  disqualification and rejection of nomination and recall 
  1- 4  petitions and of petitions for paupers' affidavits and 
  1- 5  applications for recall petitions which have been notarized 
  1- 6  and circulated or signed as an elector by the same notary 
  1- 7  public; to provide for related matters; to repeal 
  1- 8  conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Title 21 of the Official Code of Georgia Annotated, relating 
  1-12  to elections, is amended by striking subsection (g) of Code 
  1-13  Section 21-2-132, relating to qualifying petitions regarding 
  1-14  paupers' affidavits, and inserting in lieu thereof a new 
  1-15  subsection to read as follows: 
 
  1-16    "(g) No candidate shall be authorized to file a pauper's 
  1-17    affidavit in lieu of paying the qualifying fee otherwise 
  1-18    required by this Code section and Code Section 21-2-138 
  1-19    unless such candidate has filed a qualifying petition 
  1-20    which complies with the following requirements: 
 
  1-21      (1) A qualifying petition of a candidate seeking an 
  1-22      office which is voted upon state wide shall be signed by 
  1-23      a number of voters equal to one-fourth of 1 percent of 
  1-24      the total number of registered voters eligible to vote 
  1-25      in the last election for the filling of the office the 
  1-26      candidate is seeking and the signers of such petition 
  1-27      shall be registered and eligible to vote in the election 
  1-28      at which such candidate seeks to be elected.  A 
  1-29      qualifying petition of a candidate for any other office 
  1-30      shall be signed by a number of voters equal to 1 percent 
  1-31      of the total number of registered voters eligible to 
  1-32      vote in the last election for the filling of the office 
  1-33      the candidate is seeking and the signers of such 
  1-34      petition shall be registered and eligible to vote in the 
 
 
 
                                 -1- 
 
 
 
  2- 1      election at which such candidate seeks to be elected. 
  2- 2      However, in the case of a candidate seeking an office 
  2- 3      for which there has never been an election or seeking an 
  2- 4      office in a newly constituted constituency, the 
  2- 5      percentage figure shall be computed on the total number 
  2- 6      of registered voters in the constituency who would have 
  2- 7      been qualified to vote for such office had the election 
  2- 8      been held at the last general election and the signers 
  2- 9      of such petition shall be registered and eligible to 
  2-10      vote in the election at which such candidate seeks to be 
  2-11      elected; 
 
  2-12      (2) Each person signing a qualifying petition shall 
  2-13      declare therein that he or she is a duly qualified and 
  2-14      registered elector of the state entitled to vote in the 
  2-15      next election for the filling of the office sought by 
  2-16      the candidate supported by the petition and shall add to 
  2-17      his or her signature his or her residence address, 
  2-18      giving municipality, if any, and county, with street and 
  2-19      number, if any.  No person shall sign the same petition 
  2-20      more than once. Each petition shall support the 
  2-21      candidacy of only a single candidate.  A signature shall 
  2-22      be stricken from the petition when the signer so 
  2-23      requests prior to the presentation of the petition to 
  2-24      the appropriate officer for filing, but such a request 
  2-25      shall be disregarded if made after such presentation; 
 
  2-26      (3) A qualifying petition shall be on one or more sheets 
  2-27      of uniform size and different sheets must be used by 
  2-28      signers resident in different counties.  The upper 
  2-29      portion of each sheet, prior to being signed by any 
  2-30      petitioner, shall bear the name and title of the officer 
  2-31      with whom the petition will be filed, the name of the 
  2-32      candidate to be supported by the petition, his or her 
  2-33      profession, business, or occupation, if any, his or her 
  2-34      place of residence with street and number, if any, the 
  2-35      name of the office he or she is seeking, his or her 
  2-36      political party or body affiliation, if any, and the 
  2-37      name and date of the election in which the candidate is 
  2-38      seeking election.  If more than one sheet is used, they 
  2-39      shall be bound together when offered for filing if they 
  2-40      are intended to constitute one qualifying petition, and 
  2-41      each sheet shall be numbered consecutively, beginning 
  2-42      with number one, at the foot of each page.  Each sheet 
  2-43      shall bear on the bottom or back thereof the affidavit 
  2-44      of the circulator of such sheet, setting which affidavit 
 
 
 
                                 -2- 
 
 
 
  3- 1      must be subscribed and sworn to by such circulator 
  3- 2      before a notary public and shall set forth: 
 
  3- 3        (A) His or her residence address, giving municipality 
  3- 4        with street and number, if any; 
 
  3- 5        (B) That each signer manually signed his or her own 
  3- 6        name with full knowledge of the contents of the 
  3- 7        qualifying petition; 
 
  3- 8        (C) That each signature on such sheet was signed 
  3- 9        within 180 days of the last day on which such petition 
  3-10        may be filed; and 
 
  3-11        (D) That, to the best of the affiant's knowledge and 
  3-12        belief, the signers are registered electors of the 
  3-13        state qualified to sign the petition, that their 
  3-14        respective residences are correctly stated in the 
  3-15        petition, and that they all reside in the county named 
  3-16        in the affidavit; 
 
  3-17      (4) No qualifying petition shall be circulated prior to 
  3-18      180 days before the last day on which such petition may 
  3-19      be filed, and no signature shall be counted unless it 
  3-20      was signed within 180 days of the last day for filing 
  3-21      the same; and 
 
  3-22      (5) A qualifying petition shall not be amended or 
  3-23      supplemented after its presentation to the appropriate 
  3-24      officer for filing. 
 
  3-25    No notary public may sign the petition as an elector or 
  3-26    serve as a circulator of any petition which he or she 
  3-27    notarized.  Any and all sheets of a petition that have the 
  3-28    circulator's affidavit notarized by a notary public who 
  3-29    also served as a circulator of one or more sheets of the 
  3-30    petition or who signed one of the sheets of the petition 
  3-31    as an elector shall be disqualified and rejected." 
 
  3-32                           SECTION 2. 
 
  3-33  Said title is further amended by striking subsection (d) of 
  3-34  Code Section 21-2-170, relating to nominating petitions, and 
  3-35  inserting in lieu thereof a new subsection to read as 
  3-36  follows: 
 
  3-37    "(d) A nomination petition shall be on one or more sheets 
  3-38    of uniform size and different sheets must be used by 
  3-39    signers resident in different counties or municipalities. 
  3-40    The upper portion of each sheet, prior to being signed by 
  3-41    any petitioner, shall bear the name and title of the 
 
 
                                 -3- 
 
 
 
  4- 1    officer with whom the petition will be filed, the name of 
  4- 2    the candidate to be supported by the petition, his or her 
  4- 3    profession, business, or occupation, if any, his or her 
  4- 4    place of residence with street and number, if any, the 
  4- 5    name of the office he or she is seeking, his or her 
  4- 6    political body affiliation, if any, and the name and date 
  4- 7    of the election in which the candidate is seeking 
  4- 8    election.  If more than one sheet is used, they shall be 
  4- 9    bound together when offered for filing if they are 
  4-10    intended to constitute one nomination petition, and each 
  4-11    sheet shall be numbered consecutively, beginning with 
  4-12    number one, at the foot of each page. Each sheet shall 
  4-13    bear on the bottom or back thereof the affidavit of the 
  4-14    circulator of such sheet, setting which affidavit must be 
  4-15    subscribed and sworn to by such circulator before a notary 
  4-16    public and shall set forth: 
 
  4-17      (1) His or her residence address, giving municipality 
  4-18      with street and number, if any; 
 
  4-19      (2) That each signer manually signed his or her own name 
  4-20      with full knowledge of the contents of the nomination 
  4-21      petition; 
 
  4-22      (3) That each signature on such sheet was signed within 
  4-23      180 days of the last day on which such petition may be 
  4-24      filed; and 
 
  4-25      (4) That, to the best of the affiant's knowledge and 
  4-26      belief, the signers are registered electors of the state 
  4-27      qualified to sign the petition, that their respective 
  4-28      residences are correctly stated in the petition, and 
  4-29      that they all reside in the county or municipality named 
  4-30      in the affidavit. 
 
  4-31    No notary public may sign the petition as an elector or 
  4-32    serve as a circulator of any petition which he or she 
  4-33    notarized.  Any and all sheets of a petition that have the 
  4-34    circulator's affidavit notarized by a notary public who 
  4-35    also served as a circulator of one or more sheets of the 
  4-36    petition or who signed one of the sheets of the petition 
  4-37    as an elector shall be disqualified and rejected." 
 
  4-38                           SECTION 3. 
 
  4-39  Said title is further amended by striking paragraph (1) of 
  4-40  subsection (b) of Code Section 21-4-5, relating to 
  4-41  application for recall petitions, and inserting in lieu 
  4-42  thereof a new paragraph to read as follows: 
 
 
 
                                 -4- 
 
 
 
  5- 1      "(b)(1) The application shall include: 
 
  5- 2        (A) The name and office of the person sought to be 
  5- 3        recalled; 
 
  5- 4        (B) The printed names and signatures of the official 
  5- 5        sponsors, the date signed, residence addresses, and 
  5- 6        the name of the county of residence; 
 
  5- 7        (C) The designation of one of the sponsors as the 
  5- 8        petition chairperson who shall represent the sponsors 
  5- 9        on all matters pertaining to the recall application 
  5-10        and petition; 
 
  5-11        (D) A statement that: _______________ (name and 
  5-12        office) has, while holding public office, conducted 
  5-13        himself or herself in a manner which relates to and 
  5-14        adversely affects the administration of his or her 
  5-15        office and adversely affects the rights and interests 
  5-16        of the public and stating the appropriate ground or 
  5-17        grounds for recall as set forth in subparagraph (B) of 
  5-18        paragraph (7) of Code Section 21-4-3 with a brief 
  5-19        statement of the fact or facts upon which the ground 
  5-20        or grounds are based.  Such statement shall be typed, 
  5-21        printed, or reproduced by the election superintendent 
  5-22        on the face of each application issued; and 
 
  5-23          (E)(i) An affidavit by the petition chairperson and 
  5-24          the person circulating such recall application that 
  5-25          each person sponsoring or signing such recall 
  5-26          application is an elector of the electoral district 
  5-27          of the officer sought to be recalled and that the 
  5-28          fact or facts upon which the ground or grounds for 
  5-29          recall are based are true. 
 
  5-30          (ii) The affidavit required by division (i) of this 
  5-31          subparagraph shall be in the following form: 
 
  5-32                    AFFIDAVIT OF CIRCULATOR 
  5-33                    AND PETITION CHAIRPERSON 
 
  5-34            State of Georgia 
  5-35            County of ______ 
 
  5-36            Under the penalty of a violation of Code Section 
  5-37  .A NAME="16-10-71 of the Official Code of Georgia">          16-10-71 of the Official Code of Georgia 
  5-38            Annotated, relating to false swearing, punishable 
  5-39            by a fine not to exceed $1,000.00 or by 
  5-40            imprisonment of not less than one nor more than 
  5-41            five years, or both, we the undersigned do depose 
 
 
 
                                 -5- 
 
 
 
  6- 1            and say that each person sponsoring or signing the 
  6- 2            recall application of _____________ is an elector 
  6- 3            of the electoral district of the officer sought to 
  6- 4            be recalled and further depose and say that the 
  6- 5            fact or facts upon which the ground or grounds for 
  6- 6            recall are based are true. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  6- 7            Subscribed and sworn to 
  6- 8            before me this ______ 
  6- 9            day of ______________, 19__. 
 
 
 
 
  6-10            My commission expires on the ______ day of 
  6-11            ______________, 19__. 
 
  6-12    No notary public may sign the application as an elector or 
  6-13    serve as a circulator of any application which he or she 
  6-14    notarized.  Any and all sheets of an application for a 
  6-15    recall petition that have the circulator's affidavit 
  6-16    notarized by a notary public who also served as a 
  6-17    circulator of one or more sheets of the application for a 
  6-18    recall petition or who signed one of the sheets of the 
  6-19    petition as an elector shall be disqualified and 
  6-20    rejected." 
 
  6-21                           SECTION 4. 
 
  6-22  Said title is further amended by striking subsection (b) of 
  6-23  Code Section 21-4-8, relating to recall petitions, and 
 
 
                                 -6- 
 
 
 
  7- 1  inserting in lieu thereof a new subsection to read as 
  7- 2  follows: 
 
  7- 3    "(b) Every elector signing a recall petition shall do so 
  7- 4    in the presence of the person circulating the petition, 
  7- 5    who is to execute the affidavit of verification on the 
  7- 6    reverse side of the petition form. At the time of signing, 
  7- 7    the elector shall sign his name, and such elector or the 
  7- 8    person circulating the petition shall print the name of 
  7- 9    the elector below the elector's signature and shall print 
  7-10    or write in the appropriate spaces following the signature 
  7-11    the elector's residence address, giving number and street 
  7-12    or route and city, the name of the county, and the date on 
  7-13    which the elector signed the petition. No notary public 
  7-14    may sign the petition as an elector or serve as a 
  7-15    circulator of any petition which he or she notarized.  Any 
  7-16    and all sheets of a recall petition that have the 
  7-17    circulator's affidavit notarized by a notary public who 
  7-18    also served as a circulator of one or more sheets of the 
  7-19    recall petition or who signed one of the sheets of the 
  7-20    petition as an elector shall be disqualified and 
  7-21    rejected." 
 
  7-22                           SECTION 5. 
 
  7-23  All laws and parts of laws in conflict with this Act are 
  7-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -7-