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| Georgia General Assembly |
HB798.html
01 LC 11 0255
House Bill
798
By: Representative Twiggs of the 8th
A BILL TO BE
ENTITLED
AN ACT
To provide for the board of elections of Union County; to
provide for the rights, powers, duties, and authority of the board; to provide
for appointment and terms of members; to provide for a chairperson; to provide
for qualifications; to provide for appointment procedures; to provide for
vacancies; to provide for resignation or removal of members; to provide for
succession to certain powers and duties and to relieve the election
superintendent of such powers and duties; to provide for certain oaths and
privileges; to provide for compensation, offices, assistants, and employees; to
provide for definitions; to provide for certain submissions; to provide for
other matters relative to the foregoing; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Pursuant to Code Section 21-2-40 of the O.C.G.A., there is
created the board of elections of Union County which shall have jurisdiction
over the conduct of primaries and elections in Union County in accordance with
the provisions of this Act, which board of elections is sometimes referred to as
"board" in this Act.
SECTION 2.
The board of elections of Union County shall be composed of
five members, each of whom shall be an elector and resident of Union County and
who shall be selected in the following manner:
(1) Two
members of the board shall be selected by the chairperson of the county
executive committee of the political party which received the highest number of
votes within the county for its candidate for President of the United States in
the general election immediately preceding the appointment of the member. Each
selection shall have been ratified by a majority of the members of the executive
committee voting at a regularly scheduled meeting or at a meeting duly called
and held for such purpose. Selected names shall be submitted to the governing
authority of Union County for appointment as members of the board of elections
for Union County;
(2) Two members of the board shall
be selected by the chairperson of the county executive committee of the
political party which received the second highest number of votes within the
county for its candidate for President of the United States in the general
election immediately preceding the appointment of the member. Each selection
shall have been ratified by a majority of the members of the executive committee
voting at a regularly scheduled meeting or at a meeting duly called and held for
such purpose. Selected names shall be submitted to the governing authority of
Union County for appointment as members of the board of elections for Union
County; and
(3) The fifth member of the board of
elections shall be appointed by the governing authority of Union County. Said
member shall not be an officer or member of the executive committee of any
political party at the time of such member´s selection or at any time
during such member´s term of office as a member of the board of
elections.
SECTION 3.
The members of the board of elections shall elect one of the
members of the board to serve as chairperson of the board.
SECTION 4.
In making the initial appointments to the board, the
governing authority of Union County shall appoint two members, one from each
political party, for an initial term beginning on September 1, 2001, and ending
on December 31, 2002, and two members for an initial term beginning on September
1, 2001, and ending on December 31, 2003. The one member appointed pursuant to
paragraph (3) of Section 2 of this Act shall be appointed for an initial term
beginning on September 1, 2001, and ending on December 31, 2004. Each member
shall serve until a successor is appointed and qualified. Thereafter, a
successor to each member of the board whose term of office is to expire shall be
appointed to take office January 1 immediately following the expiration of such
term and shall serve for a term of four years and until his or her successor is
appointed and qualified
SECTION 5.
No person who holds elective public office shall be eligible
to serve as a member during the term of such elective office and the position of
any member shall be deemed vacant upon such member´s qualifying as a
candidate for elective public office. Further, no immediate family member of an
elected public official shall be eligible to serve as a member during the
elected official´s term of office.
SECTION 6.
The appointment of each member shall be made by the
appointing authority by filing an affidavit with the clerk of the Superior Court
of Union County not later than 30 days preceding the date at which such member
is to take office, stating the name and residential address of the person
appointed and certifying that such member has been duly appointed as provided in
this Act. The clerk of the superior court shall record each of such
certifications on the minutes of the court, shall certify the name of each
appointed member of the Secretary of State, and shall provide for the issuance
of appropriate commissions to the members within the same time and in a manner
as provided by law for registrars. If any appointing authority does not, in
conformity with this Act, certify an appointment to the board within 30 days
after the beginning of a term of office or within 30 days after the creation of
a vacancy in that office, a vacancy shall be deemed to have been thereby created
and the Governor, pursuant to Article V, Section II, Paragraph VIII(a) of the
Constitution of the State of Georgia, shall fill that vacancy by making the
appointment thereto and shall certify it as provided in this
section.
SECTION 7.
Each member of the board shall serve until his or her
successor is appointed and qualified, except in the event of resignation or
removal as provided in this Act, and shall:
(1) Be
eligible to succeed himself or herself and have the right to resign at any time
by giving written notice of his or her resignation to the governing authority of
Union County and to the clerk of the Superior Court of Union County;
and
(2) Be subject to removal from the board at any
time, for cause after notice and hearing, in the same manner and by the same
authority as provided for removal of registrars.
SECTION 8.
In the event a vacancy occurs in the office of any member
before the expiration of his or her term, by removal, death, resignation, or
otherwise, the governing authority of Union County shall appoint a successor to
serve the remainder of the unexpired term, in the same manner as an original
appointment to such post.
SECTION 9.
Before entering upon his or her duties, each member of the
board shall take substantially the same oath as is required by law for
registrars and shall have the same privileges from
arrest.
SECTION 10.
The board of elections shall, with regard to the preparation
for and conduct and administration of elections and primaries, succeed to and
exercise all duties and powers granted to and incumbent upon the judge of the
probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia
Election Code," as the same now exists or may hereafter be amended, or any other
provision of law.
SECTION 11.
On September 1, 2001, the election superintendent of Union
County shall be relieved from all powers and duties to which the board succeeds
by the provisions of this Act and shall deliver thereafter to the chairperson of
the board, upon his or her written request, the custody of all equipment,
supplies, materials, books, papers, records, and facilities of every kind
pertaining to such powers and duties.
SECTION 12.
The board shall be responsible for the selection,
appointment, and training of poll workers in elections, and such workers shall
be appointed, insofar as practicable, from lists provided to the board by the
county executive committee of each political party.
SECTION 13.
The chairperson of the board of elections shall be the chief
executive officer of the board of elections and shall generally supervise,
direct, and control the administration of the affairs of the board of elections
pursuant to law and duly adopted resolutions of the board of elections. The
board of elections shall fix and establish by appropriate resolution entered on
its minutes, directives governing the executions of matters within its
jurisdiction.
SECTION 14.
Compensation for the members of the board of elections shall
be in the same manner as registrars as prescribed in subsection (d) of Code
Section 21-2-212 of the O.C.G.A. Compensation for clerical assistants and other
employees shall be such as may be fixed by the governing authority of Union
County. Said compensation shall be paid wholly from the funds of Union
County.
SECTION 15.
The governing authority of Union County shall provide the
board of elections with such proper and suitable offices and with such clerical
assistants and other employees as the governing authority shall deem
appropriate.
SECTION 16.
The words "election," "elector," "political party,"
"primary," "public office," "special election," and "special primary" shall have
the same meaning ascribed to those words by Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," as the same now exists or may hereafter
be amended, unless otherwise clearly apparent from the context of this
Act.
SECTION 17.
It shall be the duty of the governing authority of Union
County to require the attorney therefor to submit this Act for approval pursuant
to Section 5 of the federal Voting Rights Act of 1965, as
amended.
SECTION 18.
Only for purposes of making initial appointments to the
board, this Act shall become effective July 1, 2001. For all other purposes,
this Act shall become effective on September 1, 2001.
SECTION 19.
All laws and parts of laws in conflict with this Act are
repealed.