10 LC 28
4985
House
Bill 1032
By:
Representatives Oliver of the
83rd,
Floyd of the
99th,
Benfield of the
85th,
and Gardner of the
57th
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 primaries and elections generally, so as to provide for rotation of the names
of candidates in primaries and elections; to provide for procedures; 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 primaries
and elections generally, is amended by adding a new Code section to read as
follows:
"21-2-280.1.
(a)
Except as otherwise provided in this chapter, the names of all candidates for an
elective office shall be arranged in a group under the title of that
office.
(b)
For paper ballots, voting machine ballot labels, and optical scan ballots, prior
to each primary or election, the order in which the names of the candidates for
each office are listed shall be determined by lot. In the case of a state or
federal office, the lot shall be drawn by the Secretary of State; in the case of
a county office, the lot shall be drawn by the county election superintendent;
and, in the case of a municipal office, the lot shall be drawn by the municipal
election superintendent. Such drawing of lots shall be done as soon as is
practicable after the close of qualifying for the primary or
election.
(c)
For direct recording electronic voting equipment, the candidates shall initially
be listed in the same order as provided for paper ballots, voting machine ballot
labels, and optical scan ballots as provided in subsection (b) of this Code
section. The direct recording electronic voting equipment shall then rotate the
order in which the names of the candidates are listed in the group of candidates
for such office, such that, insofar as is feasible, each candidate appears in
each position in the list a substantially equal number of
times."
SECTION
2.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-284,
relating to form of official primary ballot, as follows:
"(c)
Immediately under the directions, the names of all candidates who have qualified
with the party in accordance with this chapter and party rules and who have been
certified to the superintendent or Secretary of State as having so qualified
shall be printed on the ballots, except unopposed candidates in municipal
primaries where the municipal charter or ordinance does not prohibit the
omission of such candidates' names from the ballot. The names of the candidates
shall in all cases be arranged under the title of the office for which they are
candidates and be printed thereunder in
alphabetical
the
order
specified in
Code Section 21-2-280.1. The incumbency
of a candidate seeking party nomination for the public office he or she then
holds shall be indicated on the ballots. Under the title of each office shall
be placed a direction as to the number of candidates to be voted
for."
SECTION
3.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-285,
relating to form of official election ballot, as follows:
"(c)
Immediately under the directions, the names of all candidates who have been
nominated in accordance with the requirements of this chapter shall be printed
on the ballot and the names of the candidates shall in all cases be arranged
under the titles of the respective offices they are seeking. In a primary or
special election, said names shall be arranged
alphabetically
by last name
in the order
specified in Code Section 21-2-280.1 under
the title of the office. The incumbency of a candidate seeking election for the
public office he or she then holds shall be indicated on the ballot. In a
general election, the names of candidates who are nominees of a political party
shall be placed under the name of their party. The columns of political parties
shall be printed on the ballot, beginning on the left side thereof, and shall be
arranged from left to right in the descending order of the totals of votes cast
for candidates of the political parties for Governor at the last gubernatorial
election. The columns of parties having no candidate for Governor on the ballot
at the last gubernatorial election shall be arranged alphabetically according to
the party name to the right of the columns of the parties so represented. The
columns of political bodies shall be arranged alphabetically according to the
body name to the right of the party columns. The names of all independent
candidates shall be printed on the ballot in a column or columns under the
heading 'Independent,' which shall be placed to the right of the political body
columns. In the case of two or more independent candidates seeking the same
office, their names shall be arranged under the title of the office in
alphabetical
the
order
specified in
Code Section 21-2-280.1. The names of
candidates seeking the same office shall be printed horizontally opposite one
another in their respective columns, and such columns shall be of sufficient
length to permit such an arrangement. To the right of the independent column or
columns shall be printed a blank column sufficient for the insertion of write-in
votes."
SECTION
4.
Said
chapter is further amended by revising Code Section 21-2-285.1, relating to the
form of the nonpartisan ballot, as follows:
"21-2-285.1.
The
names of all candidates for offices which the General Assembly has by local Act
provided for election in a nonpartisan election shall be printed on each
official election ballot; and insofar as practicable such offices to be filled
in the nonpartisan election shall be separated from the names of candidates for
other offices by being listed last on each ballot, with the top of that portion
of each official election ballot relating to the nonpartisan election to have
printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
Directions that explain how to cast a vote, how to write in a candidate, and how
to obtain a new ballot after the elector spoils his or her ballot shall appear
immediately under the caption, as specified by rule or regulation of the State
Election Board. Immediately under the directions, the name of each such
nonpartisan candidate shall be arranged
alphabetically
by last name
in the order
specified in Code Section 21-2-280.1 under
the title of the office for which they are candidates and be printed thereunder.
The incumbency of a candidate seeking election for the public office he or she
then holds shall be indicated on the ballot. No party designation or
affiliation shall appear beside the name of any candidate for nonpartisan
office. An appropriate space shall also be placed on the ballot for the casting
of write-in votes for such offices. In the event that no candidate in such
nonpartisan election receives a majority of the total votes cast for such
office, there shall be a nonpartisan election runoff between the candidates
receiving the two highest numbers of votes; and the names of such candidates
shall be placed on the official ballot at the general election runoff in the
same manner as prescribed in this Code section for the nonpartisan election. In
the event that only nonpartisan candidates are to be placed on a run-off ballot,
the form of the ballot shall be as prescribed by the Secretary of State or
election superintendent in essentially the same format as prescribed for the
nonpartisan election. The candidate having a majority of the votes cast in the
nonpartisan election or the candidate receiving the highest number of votes cast
in the nonpartisan election runoff shall be declared duly elected to such
office."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.