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	Georgia General Assembly

01 LC 19 5073

House Bill 839
By: Representatives Day of the 153^rd, Mueller of the 152^nd and Joyce of the 1^st

A BILL TO BE ENTITLED
AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for state_wide and congressional offices; to provide a short title; to provide for legislative intent; to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to nomination of candidates by petition; to change the provisions relating to nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to nomination of candidates of political bodies for state_wide and congressional office by convention, including the manner of qualification, the filing of petitions, restriction on amendment or supplementation of petitions, examination of petitions, and the holding of conventions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Voter Choice and Ballot Retention Reform Act of 2001."

SECTION 2.

It is the intent of the General Assembly to increase voter participation and political debate by making the ballot more accessible for political organizations which register as a political body under state law and for independent candidates.

SECTION 3.

Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (25) of Code Section 21_2_2, relating to definitions, and inserting in lieu thereof the following:
"(25) 'Political party' or 'party' means any political organization which at the preceding:
(A) Gubernatorial election nominated a candidate for Governor and whose candidate for Governor at such election polled at least 20 10 percent of the total vote cast in the state for Governor; or
(B) Presidential election nominated a candidate for President of the United States and whose candidates for presidential electors at such election polled at least 20 10 percent of the total vote cast in the nation for that office."

SECTION 4.

Said title is further amended by striking in its entirety paragraph (3) of Code Section 21_2_130, relating to procedures for qualification of candidates generally, and inserting in lieu thereof the following:
"(3) Nomination for a state_wide or congressional office by a duly constituted political body convention as prescribed in Code Section 21_2_172 if the political body making the nomination has qualified to nominate candidates for state_wide public or congressional office under the provisions of Code Section 21_2_180;".

SECTION 5.

Said title is further amended by striking subsection (d) of Code Section 21_2_132, relating to the filing of nomination petitions, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21_2_170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter;
(4) A candidate seeking nomination or election in a nonpartisan primary or election; or
(5) A nominee for a state_wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state_wide public office under the provisions of Code Section 21_2_180.;
(6) A candidate seeking an office that is not statewide if such candidate, for the immediately prior election for the same office, received a number of votes equal to or greater than the number of nomination petition signatures that would have been otherwise required to have gotten on that ballot, and also such candidate, for any prior election for the same office, filed a notice of candidacy and a nomination petition as required by this chapter; or
(7) A candidate seeking an office that is not statewide if such candidate has been nominated by a duly constituted political body convention, and also such political body nominated a candidate who, for the immediately prior election for the same office, received a number of votes equal to or greater than the number of nomination petition signatures that would have been otherwise required to have gotten on that ballot, and also such political body nominated a candidate who, for any prior election for the same office, filed a notice of candidacy and a nomination petition as required by this chapter."

SECTION 6.

Said title is further amended by striking in its entirety subsection (b) of Code Section 21_2_170, relating to nomination of candidates by petition, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A nomination petition of a candidate seeking an office which is voted upon state wide or any congressional office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking or 10,000 signatures, whichever is less, and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A nomination petition of a candidate for any other office shall be signed by a number of voters equal to 5 3 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected."

SECTION 7.

Said title is further amended by striking in its entirety subsection (a) of Code Section 21_2_172, relating to the nomination of presidential electors and candidates of political bodies by convention, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any political party desiring to nominate its presidential electors by convention, any political body desiring to nominate its candidates qualifying with petitions by convention, and any political body desiring to nominate its candidates for state_wide public and congressional office by convention by virtue of qualifying under Code Section 21_2_180 shall, through its state executive committee, adopt rules and regulations in conformity with this Code section governing the holding of such conventions for the nomination of candidates for any state, district, or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The state party or body chairperson of such political party or body and its secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method."

SECTION 8.

Said title is further amended by striking in its entirety Part 4 of Article 4 of Chapter 2 thereof, relating to nomination of candidates of political bodies for state_wide public office by convention, and inserting in lieu thereof a new Part 4 to read as follows:

"Part 4

21_2_180.
Any political body which is duly registered as provided for in Code Section 21_2_110 is qualified to nominate candidates for state_wide public and congressional office by convention if:
(1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election or 10,000, whichever is less; or
(2) At the preceding general election, the political body nominated a candidate for state_wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election.

21_2_181.
Petitions to qualify political bodies to nominate candidates for state_wide public and congressional office by convention shall be filed with the Secretary of State and shall be signed by voters in the manner provided in this part. Such petitions shall provide sufficient space for the printing of the voter´s name and for the voter´s signature. No forms other than those prescribed in this part shall be used for qualifying a political body to nominate candidates for public state_wide and congressional office.

21_2_182.
Each person signing a political body qualifying petition shall declare therein that such person is a duly qualified and registered voter of the state, entitled to vote in the next election for members of the General Assembly, and shall provide with such person´s signature such person´s residence address and county and the date of such person´s signature. No person shall sign the same petition more than once. Each petition shall support the qualification of only one political body. No signature shall be valid if made more than 15 months prior to the submission of the petitions to the Secretary of State. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petitions to the Secretary of State for filing, but such request shall be disregarded if made after such presentation.

21_2_183.
(a) A petition to qualify a political body to nominate candidates for public state_wide and congressional office by convention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page.
(b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth:
(1) The residence address of the circulator;
(2) That each signer manually signed such signer´s own name with full knowledge of the contents of the political body qualifying petitions;
(3) That, to the best of the affiant´s knowledge and belief, the signers are registered voters of the State of Georgia, qualified to sign the petition;
(4) That their respective residences are correctly stated in the petition; and
(5) That they all reside in the county named in the affidavit.

21_2_184.
A petition to qualify a political body to nominate candidates for state_wide public and congressional office by convention shall not be amended or supplemented after its presentation to the Secretary of State for filing.

21_2_185.
No petition to qualify a political body shall be submitted to the Secretary of State for verification after 12:00 Noon on the second Tuesday in July.

21_2_186.
Petitions to qualify a political body to nominate candidates for state_wide public and congressional office by convention shall be examined and shall be subject to judicial review in the same manner as provided for candidates nominated by petition pursuant to Code Section 21_2_171.

21_2_187.
In order to qualify its candidates to be listed on the general election ballot, political Political bodies shall hold their conventions in accordance with Code Section 21_2_172 and candidates nominated for state_wide public or congressional office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21_2_132; provided, however, that the political body must file its qualifying petition, when necessary, no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21_2_172 in order to qualify its candidates to be listed on the general election ballot."

SECTION 9.

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