HB819.html

House Bill 819
By: Representative Murphy of the 18^th

A BILL TO BE ENTITLED
AN ACT

To create a board of elections and registration for Haralson County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairperson and members of the board; to provide for offices and equipment; to provide for the meaning of certain terms; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Pursuant to Code Section 21-2-40 of the O.C.G.A. there is created the Haralson County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Haralson County with regard to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.

The board shall be composed of five members, each of whom shall be an elector of Haralson County, shall have been a resident of Haralson County for a period of two years, shall be at least 25 years of age at the time of assuming office, and shall be qualified and selected in the following manner:
(1) One member shall be appointed by the Haralson County executive committee of the political party whose candidate, at the last preceding general election, received the largest number of votes in this state for Governor;
(2) One member shall be appointed by the Haralson County executive committee of the political party whose candidate at the last preceding general election received the next largest number of votes in this state for Governor;
(3) Each of the appointments made by the respective executive committees shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees, then such members shall be appointed in accordance with the provisions of Section 3 of this Act;
(4) Two members shall be appointed by the last regularly scheduled grand jury convening in Haralson County preceding the date on which such members are to take office;
(5) The fifth member of the Haralson County Board of Elections and Registration shall be appointed by the judges of the superior court of the judicial circuit that includes Haralson County;
(6) The judges of the superior court of the judicial circuit that includes Haralson County shall select one of the members of the board to serve as chairperson;
(7) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elective public office or a political party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible to serve as a member of the board during the term of such elective office or within two years after such active political participation as described in this paragraph, and the position of any member of the board shall be deemed vacant upon such member´s qualifying as a candidate for elective public office or upon such member´s engaging in such political activity described in this paragraph. This paragraph shall not prohibit a nonelective employee of the county governing authority from serving as a member of the board of elections and registration;
(8) No person who is an employee of the board of elections and registration or who has previously served as chief registrar shall be eligible to serve as a member of the board;
(9) The first members of the board shall serve as follows:
(A) The two members appointed by the grand jury shall be appointed for initial terms beginning July 1, 2001, and expiring December 31, 2002; and
(B) The other three members, appointed by the superior court judges and executive committees of the political parties, shall be appointed for initial terms beginning July 1, 2001, and expiring December 31, 2004; and
(10) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified.

The appointment of each member shall be made by the appointing authority's filing with the clerk of the Superior Court of Haralson County an affidavit which states 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 and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same 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. Any person appointed to fill a vacancy shall serve out the unexpired term of office.

Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing authority and to the clerk of the Superior Court of Haralson County. Each member shall be subject to removal from the board by the chief judge of the superior court of the judicial circuit that includes Haralson County at any time, for cause, after notice of the right to have a timely hearing, in the same manner and by the same authority as provided for removal of registrars.

In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, the authority who selected the vacant member shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.

On July 1, 2001, the election superintendent and board of registrars of Haralson County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act; and they 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. Also, at such time, the board of registrars and the office of chief registrar of Haralson County shall be abolished.

The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction.

The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. No member of the board shall serve as an employee of the board. The governing authority of Haralson County shall have the right to approve the number of employees to be hired by the board.

The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary for the execution of its duties. With the consent of the governing authority of Haralson County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections.

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 the board by the county executive committee of each political party. The board shall also formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board, poll workers shall be properly trained, and voters shall be adequately informed and instructed.

Compensation for the chairperson and other members of the board and for employees of the board shall be fixed by the governing authority of Haralson County. Such compensation shall be paid from county funds.

The governing authority of Haralson County shall provide the board with proper and suitable offices and equipment.

The Haralson County Board of Elections and Registration shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.

The words "election," "elector," "general election," "political party," "primary," and "public office" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.

It shall be the duty of the governing authority of Haralson County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.

This Act shall become effective on July 1, 2001, except that for purposes of making initial appointments to the board, it shall become effective upon its approval by the Governor or upon its becoming law without such approval.

All laws and parts of laws in conflict with this Act are repealed.