SB32.html

Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to county boards of elections and boards of elections and registration, is amended by adding a new Code Section 21-2-41 to read as follows:
"21-2-41.
(a) Except as otherwise provided by local Act pursuant to Code Section 21-2-40 or Code Section 21-2-45 and except as provided in subsection (l) of this Code section, there is created a board of elections and registration in each county in this state. Such board of elections and registration shall be empowered with the powers and duties of the election superintendent relating to the conduct of primaries and elections and the board of registrars relating to the registration of voters and absentee balloting procedures.
(b) The county board of elections and registration created under subsection (a) of this Code section shall be composed of five members, each of whom shall be an elector of the county. The members of the board shall be appointed in the following manner:
(1) Two members shall be chosen by the county executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of a political party or body, which, at the last preceding regular general election for the election of the Governor, nominated a candidate and such candidate received the largest number of votes cast among candidates for the office of Governor. Such members so chosen shall be certified by the chairperson of the appropriate executive committee of such political party or body to the governing authority of the county and such appointment shall be entered upon the minutes of the governing authority;
(2) Two members shall be appointed in like fashion by the county executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of the political party or body, which, at such election, nominated a candidate for Governor and such candidate received the next largest number of votes cast among candidates for the office of Governor. Such appointees shall be certified by the chairperson of the appropriate executive committee of that political party or body to the governing authority of said county and such certification shall be entered upon the minutes of the governing authority;
(3) The fifth member of the board of elections and registration shall be appointed by the chief judge of superior court of the county from a list of one or more nominees submitted by a majority of the other four members of such board and shall be deemed the member at large. In the event a majority of the four members of such board is unable to nominate one or more persons to the chief judge of superior court of the county within the time specified in subsection (d) of this Code section for appointments, the chief judge of superior court of said county shall be authorized to make the appointment without any nominations from the members of the board of elections and registration. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the superior court; and
(4) In the event that the candidate for Governor who received the highest number or next highest number of votes for the office of Governor at the last election for that office was an independent candidate, the appointments that would otherwise have been made by the appropriate executive committee of a political party or body shall be made by the chief judge of superior court of the county.
(c) No person who holds elective public office shall be eligible to serve as a member of any such board of elections during the term of such elective office and the position of any member of such board shall be deemed vacant upon such member qualifying as a candidate for elective public office.
(d) Initial appointments to the board of elections and registration under this Code section shall be made by the respective appointing authorities no later than January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002. In the event of a vacancy on such board with respect to a member appointed by one of the political parties or bodies as provided in subsection (b) of this Code section, such political party or body shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event such political party or body fails to make an initial appointment by January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002, or within 60 days after a vacancy occurs, the position shall be filled by the chief judge of the superior court of the county. In the event of a vacancy on such board with respect to a member appointed as provided in paragraph (4) of subsection (b) of this Code section, the chief judge of the superior court of the county shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event of a vacancy on such board with respect to the member at large, the remaining members of such board shall submit the names of one or more nominees to fill the unexpired term, such nomination to be made within 60 days after the vacancy occurs. The chief judge of superior court of the county shall select and appoint the successor member at large from the nominee or nominees whose names are submitted by a majority of the remaining members of such board. In the event of the failure of such board to submit the names of such nominee or nominees within 60 days after the vacancy occurs, the chief judge of superior court of the county may fill the vacancy on his or her own motion.
(e) Initial appointees under this Code section shall take office upon appointment and shall serve until December 31 of the fourth year following their appointment and until a successor is appointed and qualified. The successors of the initial appointees shall serve for four-year terms beginning on January 1 in odd-numbered years and shall continue in office for such terms and until their successors are chosen and qualified. Each member shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving notice to the body which appointed him or her and to the chief judge of the superior court of the county, if such judge was not the appointing authority. Each member shall be subject to removal from the board at any time in the same manner and by the same authority provided for removal of registrars under the provisions of Code Section 21-2-212 as now or hereafter amended. Upon removal of a member as provided by law, a vacancy shall be deemed to exist and shall be filled for the unexpired term as provided in this Code section. Until the initial members of the board of elections and registration take office, the judge of probate court shall continue to perform the duties of county election superintendent under this chapter and the registrars shall continue to perform their duties under this chapter.
(f) The board of elections and registration shall have the following powers and duties:
(1) It shall succeed to and exercise all of the duties granted to and incumbent upon the county election superintendent under the provisions of this title and any other provision of law with respect thereto; and
(2) It shall succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the county registrars of the county under the provisions of this title and any other provision of law with respect to their duties and powers.
(g) The board of elections and registration shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law.
(h) On January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002, the board of elections and registration shall organize and the county election superintendent and the chief registrar and county registrars shall be relieved of all powers and duties to which such board succeeds by virtue of the provisions of this Code section, and the county election superintendent and the registrars shall deliver to such board upon request of its chairperson custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
(i) The board of elections and registration shall appoint a person whose title shall be elections supervisor who shall be the chief administrative officer of the board of elections and registration and who shall have such duties and functions as may be prescribed by such board. The elections supervisor may be a member of the board of elections and registration.
(j) Compensation for members of the board of elections and registration, elections supervisor, clerical assistants, and other employees of such board shall be such as may be fixed from time to time by the governing authority of the county.
(k) The governing authority of the county shall provide the board of elections and registration with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. The elections supervisor and other employees functioning under his or her supervision shall be deemed to be employees of the county.
(l) The General Assembly may provide by local law that the judge of the probate court of a county shall be the election superintendent of such county and that voter registration in such county shall be conducted by a board of registrars in accordance with Code Section 21-2-212."