SB499.html
04 LC 28 1584

Senate Bill 499
By: Senator Mullis of the 53rd


AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend an Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4682), so as to provide for the election of members of the board in partisan elections; to provide for related matters; to provide for submission for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a nonbinding advisory referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
An Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4682), is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows:
"SECTION 4.
(a) The members of the Board of Education of Catoosa County from Education Districts 2 and 4 shall be elected on a partisan basis at the general election in 2006. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.
(b) The members of the Board of Education of Catoosa County from Education Districts 1 and 3 shall be elected on a partisan basis at the general election in 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.
(c) The member of the Board of Education of Catoosa County from Education District 5 shall be elected on a partisan basis at the general election in 2004. Such member shall take office on January 1 following his or her election for a term of four years and until his or her successor is elected and qualified.
(d) Successors to members elected under subsections (a), (b), and (c) of this section shall be elected on a partisan basis at the general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.
(e) Education Districts 1, 2, 3, and 4 as they existed on January 1, 2003, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section.
(f) All members of the board who are elected thereto shall be nominated and elected in partisan elections in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

SECTION 2.
Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election on the date of the 2004 General Election as provided in this section for the purpose of submitting a nonbinding advisory referendum to the electors of Catoosa County concerning whether the members of the Board of Education of Catoosa County should be elected on a partisan basis. The election superintendent shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words:
"(  )  YES

(  )  NO
NONBINDING ADVISORY REFERENDUM
Should the members of the Board of Education of Catoosa County be elected on a partisan basis?"

All persons desiring to vote in favor of electing the members of the Board of Education of Catoosa County on a partisan basis shall vote "Yes," and all persons desiring to vote against electing the members of the Board of Education of Catoosa County on a partisan basis shall vote "No." The expense of such election shall be borne by the Board of Education of Catoosa County. It shall be the duty of the election superintendent of Catoosa County to certify the results thereof to the Secretary of State.

SECTION 3.
The Board of Education of Catoosa County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.