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SB 79 - Probate Judge Election - nonparti- san when serving as Election Supt.

Madden, Eddie M (47th)

Status Summary	SC:	SLGO	HC:		FR:	01/28/99	LA:	01/28/99	S - Read 1st time

First Reader Summary

A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions governing the selection and qualification of candidates and presidential electors, so as to provide for the nonpartisan election of certain probate judges.

Code Sections - 21-2-138

SB 79  99                                          LC 24 1308 
 
      SENATE BILL 79 
 
      By:  Senator Madden of the 47th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 1 of Article 4 of Chapter 2 of Title 21 of the 
  1- 2  Official Code of Georgia Annotated, relating to general 
  1- 3  provisions governing the selection and qualification of 
  1- 4  candidates and presidential electors, so as to provide for 
  1- 5  the nonpartisan election of certain probate judges; to 
  1- 6  provide for related matters; to repeal conflicting laws; and 
  1- 7  for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Part 1 of Article 4 of Chapter 2 of Title 21 of the Official 
  1-11  Code of Georgia Annotated, relating to general provisions 
  1-12  governing the selection and qualification of candidates and 
  1-13  presidential electors, is amended by striking Code Section 
  1-14  21-2-138, relating to nonpartisan primaries and elections 
  1-15  for judicial officers, and inserting in lieu thereof a new 
  1-16  Code section to read as follows: 
 
  1-17    "21-2-138. 
 
  1-18    (a) The names of all candidates who have qualified with 
  1-19    the Secretary of State for the office of judge of a 
  1-20    superior court, Judge of the Court of Appeals, or Justice 
  1-21    of the Supreme Court of this state and the names of all 
  1-22    candidates who have qualified with the election 
  1-23    superintendent for the office of judge of a state court 
  1-24    shall be placed on the ballot in a nonpartisan primary to 
  1-25    be held and conducted jointly with the general primary in 
  1-26    each even-numbered year.  The names of candidates 
  1-27    nominated in such nonpartisan primary shall be placed on 
  1-28    the official ballot in the nonpartisan election which 
  1-29    shall be held and conducted jointly with the regular 
  1-30    general election in each even-numbered year. No candidates 
  1-31    for any such office shall be nominated by a political 
  1-32    party or by a petition as a candidate of a political body 
  1-33    or as an independent candidate. In a nonpartisan primary, 
  1-34    candidates for any such office shall have their names 
 
 
 
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  2- 1    placed on the nonpartisan portion of each political party 
  2- 2    ballot by complying with the requirements prescribed in 
  2- 3    Code Section 21-2-132 specifically related to such 
  2- 4    nonpartisan candidates and by paying the requisite 
  2- 5    qualifying fees as prescribed in Code Section 21-2-131. 
  2- 6    The Secretary of State may provide for the printing of 
  2- 7    independent ballots containing the names of the 
  2- 8    nonpartisan judicial candidates for those voters not 
  2- 9    affiliated with a political party.  Candidates shall be 
  2-10    listed on the official ballot in a nonpartisan primary and 
  2-11    in a nonpartisan election as provided in Code Sections 
  2-12    21-2-284.1 and 21-2-285.1, respectively. Except as 
  2-13    otherwise specified in this chapter, the procedures to be 
  2-14    employed in conducting the nonpartisan primary and 
  2-15    nonpartisan election of judges of state courts, judges of 
  2-16    superior courts, Judges of the Court of Appeals, and 
  2-17    Justices of the Supreme Court shall conform as nearly as 
  2-18    practicable to the procedures governing general primaries 
  2-19    and general elections; and such general primary and 
  2-20    general election procedures as are necessary to complete 
  2-21    this nonpartisan election process shall be adopted in a 
  2-22    manner consistent with such nonpartisan primaries and 
  2-23    nonpartisan elections. 
 
  2-24      (b)(1) Notwithstanding any other provision of law to the 
  2-25      contrary, in those counties where the judge of the 
  2-26      probate court serves as the election superintendent for 
  2-27      such county, the judge of the probate court shall be 
  2-28      elected in a nonpartisan election without a nonpartisan 
  2-29      primary.  No candidates for such office shall be 
  2-30      nominated by a political party or by a petition as a 
  2-31      candidate of a political body or as an independent 
  2-32      candidate.  Candidates shall be listed on the official 
  2-33      ballot in a nonpartisan election as provided in Code 
  2-34      Section 21-2-285.1.  Except as otherwise specified in 
  2-35      this chapter, the procedures to be employed in 
  2-36      conducting the nonpartisan election of judges of probate 
  2-37      courts who serve as election superintendents shall 
  2-38      conform as nearly as practicable to the procedures 
  2-39      governing general elections; and such general election 
  2-40      procedures as are necessary to complete this nonpartisan 
  2-41      election process shall be adopted in a manner consistent 
  2-42      with such nonpartisan elections. 
 
  2-43      (2) When a judge of the probate court ceases to serve as 
  2-44      the election superintendent, the election of such 
  2-45      probate court judge shall no longer be conducted on a 
 
 
                                 -2- 
 
 
 
  3- 1      nonpartisan basis unless local legislation is adopted 
  3- 2      pursuant to Code Section 21-2-139 requiring that such 
  3- 3      election be nonpartisan.  This subsection is not 
  3- 4      intended to effect the election of any judge of the 
  3- 5      probate court who does not also serve as an election 
  3- 6      superintendent." 
 
  3- 7                           SECTION 2. 
 
  3- 8  All laws and parts of laws in conflict with this Act are 
  3- 9  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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