07 LC 38
0296
Senate
Bill 264
By:
Senator Wiles of the 37th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to general provisions regarding elections and primaries, so
as to provide for certain requirements to qualify for a party´s nomination
or to run for public office; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to general provisions regarding elections and primaries, is amended by revising
Code Section 21-2-8, relating to eligibility for party nomination or public
office, as follows:
"21-2-8.
(a)
For the purposes of this Code section, 'adverse military discharge' shall mean
any offense committed during military service, for which the final sentence
included either a dishonorable or bad conduct discharge and incarceration for
more than 30 days.
(b)
No person shall be eligible for party nomination for or election to public
office, nor shall he or she perform any official acts or duties as a
superintendent, registrar, deputy registrar, poll officer, or party officer, as
set forth in this chapter, in connection with any election or primary held under
this chapter, if under the laws of this state, any other state, or the United
States he or she has been convicted and sentenced, in any court of competent
jurisdiction, for fraudulent violation of primary or election laws, malfeasance
in office,
or
felony involving moral turpitude,
or adverse
military discharge, unless such
person´s civil rights have been restored and at least ten years have
elapsed from the date of the completion of the sentence without a subsequent
conviction of another felony involving moral turpitude. Additionally, the
person shall not be holding illegally any public funds. In the event of the
disqualification of the superintendent as described in this Code section, the
clerk of the superior court shall act in his or her stead. Notwithstanding the
above, the governing authority of a municipality shall appoint an individual to
serve as superintendent for municipal elections or municipal primaries in the
event of the disqualification of the municipal superintendent, unless the
municipality has contracted with a county government for the provision of
election services, in which event the clerk of the superior court shall act in
place of a disqualified superintendent."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.