05 LC 28
1915
Senate
Bill 32
By:
Senators Smith of the 52nd, Mullis of the 53rd, Tolleson of the 20th, Kemp of
the 46th, Hill of the 32nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-9-1 of the Official Code of Georgia Annotated, relating to
election and term of judges of the probate court, so as to provide that the
office of judge of probate court shall be elected on a nonpartisan basis; to
amend Code Section 21-2-138 of the Official Code of Georgia Annotated, relating
to nonpartisan elections for judicial offices, so as to provide for the
election of judges of probate court at nonpartisan elections; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-9-1 of the Official Code of Georgia Annotated, relating to election
and term of judges of the probate court, is amended by striking the Code section
and inserting in lieu thereof a new Code Section 15-9-1 to read as
follows:
"15-9-1.
The
judges of the probate courts are elected by the people of their respective
counties in
nonpartisan elections at the time and in
the manner prescribed by law. They shall hold their offices for four years and
until their successors are elected and qualified, unless sooner removed. Their
terms shall begin on January 1 and expire on January 1 four years next
thereafter."
SECTION
2.
Code
Section 21-2-138 of the Official Code of Georgia Annotated, relating to
nonpartisan elections for judicial offices, is amended by striking the Code
section and inserting in its place a new Code Section 21-2-138 to read as
follows:
"21-2-138.
The
names of all candidates who have qualified with the Secretary of State for the
office of judge of a superior court, Judge of the Court of Appeals, or Justice
of the Supreme Court of this state and the names of all candidates who have
qualified with the election superintendent for the office of judge of a state
court or judge
of a probate court shall be placed on the
ballot in a nonpartisan election to be held and conducted jointly with the
general primary in each even-numbered
year;,
provided that nonpartisan elections for the office of judge of the state court
or judge of a
probate court which was covered on July 1,
2001, by a local Act of the General Assembly which provided for election in a
nonpartisan election without a prior nonpartisan primary shall be held and
conducted jointly with the general election in even-numbered years. No
candidates for any such office shall be nominated by a political party or by a
petition as a candidate of a political body or as an independent candidate.
Candidates for any such office, except offices which were covered on July 1,
2001, by a local Act of the General Assembly which provided for election in a
nonpartisan election without a prior nonpartisan primary, shall have their names
placed on the nonpartisan portion of each political party ballot by complying
with the requirements prescribed in Code Section 21-2-132 specifically related
to such nonpartisan candidates and by paying the requisite qualifying fees as
prescribed in Code Section 21-2-131. The Secretary of State may provide for the
printing of independent ballots containing the names of the nonpartisan
candidates for those voters not affiliated with a political party. Candidates
shall be listed on the official ballot in a nonpartisan election as provided in
Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise
specified in this chapter, the procedures to be employed in conducting the
nonpartisan election of
judges of
probate courts, judges of state courts,
judges of superior courts, Judges of the Court of Appeals, and Justices of the
Supreme Court shall conform as nearly as practicable to the procedures governing
general primaries and general elections; and such general primary and general
election procedures as are necessary to complete this nonpartisan election
process shall be adopted in a manner consistent with such nonpartisan
elections."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.