hb677_LC_21_9113_a_2.html
07 LC 21 9113
House Bill 677
By: Representatives Bearden of the 68th, Butler of the 18th, and Nix of the 69th

A BILL TO BE ENTITLED
AN ACT


To provide for an advisory referendum election to be held in Carroll County for the purpose of determining whether the county governing authority should employ a county manager to conduct the daily business of the county; to provide for the question of whether such a system, if adopted, should include a full-time or part-time chairperson of the county commission; to provide that if the electors approve the employment of a county manager, the county commission shall vote on a resolution requesting the Carroll County legislative delegation to implement the suggestions; to provide that, if such vote is unanimous, the county commission shall transmit a copy of such resolution to each member of the Carroll County legislative delegation; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Carroll County shall call and conduct an election as provided in this section for the purpose of submitting an advisory question to the voters of Carroll County. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, and shall issue the call and conduct that 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 Carroll County. The ballot shall have written or printed thereon the words:
"(  )  YES
(  )  NO
Do you favor the employment of a county manager to conduct the daily business of Carroll County?"

"(  )  PART-TIME

(  )  FULL-TIME
If a county manager is employed to conduct the daily business of Carroll county, should the position of chairperson of the Carroll County Board of Commissioners be a part-time or full-time position?"
All persons desiring to vote for approval of the employment of a county manager shall vote "Yes," and those persons desiring to vote for rejection of the proposition shall vote "No." All persons shall then mark “Part-Time” or “Full-Time” to express a preference of a part-time or full-time chairperson of the Carroll County Board of Commissioners. The expense of such election shall be borne by Carroll County. It shall be the election superintendent´s duty to certify the result thereof to the Secretary of State.

SECTION 2.
(a) If a majority of the votes cast at the advisory referendum election provided for in Section 1 of this Act are in favor of the employment of a county manager, then the Carroll County Board of Commissioners shall consider a resolution requesting the Carroll County legislative delegation to enact local legislation approving the employment of a county manager and adopting the electors´ expressed preference for either a part-time or a full-time chairperson.
(b) If the Carroll County Board of Commissioners unanimously adopts the resolution provided for in subsection (a) of this section, the chairperson of the commission shall cause a copy of such resolution to be transmitted to each member of the Carroll County legislative delegation.

SECTION 3.
It is found, determined, and declared that the holding of the advisory referendum election provided for in this Act is in all respects for the benefit of the people of Carroll County and is for a public purpose and is an essential governmental function for which public funds may be expended.

SECTION 4.
The governing authority of Carroll 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 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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