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