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HB1469.html
04 LC 28 1612
House Bill
1469 By: Representatives Boggs of the 145th,
Powell of the 23rd, DeLoach of the 127th, Walker of the
115th, Crawford of the 91st, and others
A BILL TO BE
ENTITLED AN ACT
To amend Chapter 2 of Title 21 of the Official Code of
Georgia Annotated, relating to elections and primaries generally, so as to
provide that the General Assembly by local law may provide for the nonpartisan
election of clerks of the superior court, sheriffs, and tax commissioners; to
provide for the qualifying for such offices; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to elections and primaries generally, is amended by striking
paragraph (2) of subsection (c) and subparagraph (i)(1)(B) of Code Section
21-2-132, relating to filing notices of candidacy, nomination petitions, and
affidavits, and inserting in lieu thereof a new paragraph (2) and subparagraph
(B) to read as
follows: "(2)
Each candidate for a county judicial office, a local school
board office, or an office of a consolidated government, except those offices
which on July 1, 2001, were covered by local Acts of the General Assembly which
provided for election in a nonpartisan election without a prior nonpartisan
primary, or the
candidate´s
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file notice of candidacy in the office of the superintendent no
earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the
election and no later than 12:00 Noon on the Friday following the fourth Monday
in April, notwithstanding the fact that any such days may be legal
holidays." "(B)
Each candidate for a county judicial office, a local school
board office, or an office of a consolidated government, except those offices
which on July 1, 2001, were covered by local Acts of the General Assembly which
provided for election in a nonpartisan election without a prior nonpartisan
primary, or the
candidate´s
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file notice of candidacy in the office of the superintendent no
earlier than 9:00 A.M. on the third Wednesday in June immediately prior to the
election and no later than 12:00 Noon on the Friday following the third
Wednesday in June, notwithstanding the fact that any such days may be legal
holidays;".
SECTION 2.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-139, relating to the authorization of nonpartisan
elections, and inserting in lieu thereof a new subsection (a) to read as
follows: "(a)
Notwithstanding any other provisions of this chapter to the contrary, the
General Assembly may provide by local Act for the election in nonpartisan
elections of candidates to fill county judicial offices, the offices of
sheriffs, the offices of tax commissioners, the offices of clerks of superior
court, offices of local school boards, and offices of consolidated
governments which are filled by the vote of the electors of said county or
political subdivision. Except as otherwise provided in this Code section, the
procedures to be employed in such nonpartisan elections shall conform as nearly
as practicable to the procedures governing nonpartisan elections as provided in
this chapter. Except as otherwise provided in this Code section, the election
procedures established by any existing local law which provides for the
nonpartisan election of candidates to fill county offices shall conform to the
general procedures governing nonpartisan elections as provided in this chapter,
and such nonpartisan elections shall be conducted in accordance with the
applicable provisions of this chapter, notwithstanding the provisions of any
existing local law. For those offices for which the General Assembly as of July
1, 2001, pursuant to this Code section, provided by local Act for election in
nonpartisan primaries and elections, such offices shall no longer require
nonpartisan primaries. Such officers shall be elected in nonpartisan elections
held and conducted in conjunction with the general primary in accordance with
this chapter without a prior nonpartisan primary. For those offices for which
the General Assembly as of July 1, 2001, provided by local Act for election in a
nonpartisan election without a prior nonpartisan primary, such offices shall be
elected in nonpartisan elections held and conducted in conjunction with the
November general election without a prior nonpartisan primary. Nonpartisan
elections for municipal offices shall be conducted on the dates provided in the
municipal
charter."
SECTION 3.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.
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