07
LC 28 3203
House
Bill 60
By:
Representative Powell of the
29th
A
BILL TO BE ENTITLED
AN ACT
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 for the burden of proof
in hearings challenging a candidate´s qualifications based upon residency;
to provide for an award of costs and attorneys´ fees for frivolous or
harassing candidate qualification challenges; to provide for certain rebuttable
presumptions concerning residency; 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 adding new subsections (b.1) and (f) to
Code Section 21-2-5, relating to the determinations of qualifications of
candidates for federal and state office, to read as follows:
"(b.1)
If a challenge to a candidate´s qualifications is based upon whether the
candidate meets the residency requirements to seek the office for which such
candidate is offering for nomination or election, the burden of proof at the
hearing shall be on such candidate to demonstrate that he or she meets the
residency requirements to seek such office."
"(f)
If the Secretary of State finds that the challenge filed by an elector under
this Code section was frivolous, was totally without a legal or factual basis,
or was brought solely for the purpose of harassment of the candidate, the
Secretary of State may award costs and reasonable attorneys´ fees in
defending such challenge to the candidate and against the
elector."
SECTION
2.
Said
chapter is further amended by adding new subsections (b.1) and (f) to Code
Section 21-2-6, relating to the determinations of qualifications of candidates
for county and municipal office, to read as follows:
"(b.1)
If a challenge to a candidate´s qualifications is based upon whether the
candidate meets the residency requirements to seek the office for which such
candidate is offering for nomination or election, the burden of proof at the
hearing shall be on such candidate to demonstrate that he or she meets the
residency requirements to seek such office."
"(f)
If the superintendent finds that the challenge filed by an elector under this
Code section was frivolous, was totally without a legal or factual basis, or was
brought solely for the purpose of harassment of the candidate, the
superintendent may award costs and reasonable attorneys´ fees in defending
such challenge to the candidate and against the elector."
SECTION
3.
Said
chapter is further amended by adding a new subsection (c) to Code Section
21-2-217, relating to rules for determining residency, to read as
follows:
"(c)
In hearings to determine a challenge to the qualifications of a candidate based
upon residency, the following presumptions shall apply, but may be rebutted by a
preponderance of the evidence adduced at a hearing on such
challenge:
(1)
The residence of a candidate shall be presumed not to be in buildings or
structures which are used primarily for commercial or business
purposes;
(2)
The residence of a candidate shall be presumed not to be in any vehicle, motor
home, camper, or other vehicle, trailer, or other conveyance which is readily
moveable and is not permanently affixed to the property on which it is
located;
(3)
The residence of a candidate shall be presumed not to be on any property on
which there is no permanent dwelling structure;
(4)
In the case of a candidate who moves his or her place of residency from a
location outside the district from which such candidate desires to be elected to
a residence located within such district within the 60 day period prior to the
date on which such candidate must be a resident of the district in order to
qualify to seek such office or within 60 days prior to qualifying to seek the
office, the residence of a candidate for purposes of seeking elective office
shall be presumed to remain at the site of the candidate´s previous
residence;
(5)
The residence of a candidate shall be presumed to be at the dwelling place where
such candidate resides a majority of his or her nonworking hours;
(6)
The residence of a candidate shall be presumed to be at the dwelling place where
such candidate spends a majority of his or her nights; and
(7)
The residence of a candidate shall be presumed to be the same as that of his or
her spouse."
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.