10 LC 28
5009
Senate
Bill 359
By:
Senator Shafer of the 48th
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 a short title; to revise
a definition; to provide that political bodies may nominate candidates for
public office without the necessity of a nomination petition under certain
circumstances; to provide that political bodies may conominate candidates of
political parties; to provide for the aggregation of votes for such candidates;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Voter Choice and Ballot Access Act
of 2010."
SECTION
2.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries
and elections generally, is amended by revising paragraph (25) of Code Section
21-2-2, relating to definitions, as follows:
"(25)
'Political party' or 'party' means any political organization which at the
preceding:
(A)
Gubernatorial election nominated a candidate for Governor and whose candidate
for Governor at such election polled at least 20 percent of the total vote cast
in the state for Governor; or
(B)
Presidential election nominated a candidate for President of the United States
and whose candidates for presidential electors at such election polled at least
20 percent of the total vote cast in the nation
or the State
of Georgia for that office.
Votes
cast for a candidate of a political party for the office of Governor who is also
the nominee of a political body shall not used in determining whether a
political organization other than the political party qualifies for political
party status under this paragraph. Votes for candidates of a political party
for the office of presidential elector whose candidate for President of the
United States was also nominated by another political organization shall not be
used in determining whether a political organization other than the political
party qualifies for political party status under this
paragraph."
SECTION
3.
Said
chapter is further amended by revising Code Section 21-2-137, relating to
qualifying as independent or political body candidate and as political party
candidate, as follows:
"21-2-137.
No
person shall qualify with any political party as a candidate for nomination to
any public office when such person has qualified for the same primary with
another political party as a candidate for nomination by that party for any
public office; nor shall a state, county, or municipal executive committee of
any political party certify any person as the candidate of that party when such
person has previously qualified as a candidate for nomination for any public
office for the same primary with another political party. No person shall file
a notice of candidacy as an independent
or
political body candidate for any public
office when such person has qualified for the same office to be filled at the
same election with any political party; nor shall any person qualify with any
political party when such person has filed a notice of candidacy as an
independent
or
political body candidate for the same
office to be filled at the same election.
A political
body shall be authorized to nominate the nominee of a political party for an
office as the nominee of the political body for the same office. In such case,
the person so nominated shall file as the nominee of each of the political
organizations by whom such person is nominated for the
office."
SECTION
4.
Said
chapter is further amended by revising Code Section 21-2-180, relating to manner
of qualification, as follows:
"21-2-180.
Any
political body which is duly registered as provided for in Code Section 21-2-110
is qualified to nominate candidates for
state-wide
public office by convention if:
(1)
The political body files with the Secretary of State a petition signed by voters
equal in number to 1 percent of the registered voters who were registered and
eligible to vote in the preceding general election; or
(2)
At the preceding general election, the political body nominated a candidate for
state-wide office and such candidate received a number of votes equal to 1
percent of the total number of registered voters who were registered and
eligible to vote in such general election."
SECTION
5.
Said
chapter is further amended by revising Code Section 21-2-181, relating to filing
of petitions generally, as follows:
"21-2-181.
Petitions
to qualify political bodies to nominate candidates for
state-wide
public office by convention shall be filed with the Secretary of State and shall
be signed by voters in the manner provided in this part. Such petitions shall
provide sufficient space for the printing of the voter's name and for the
voter's signature. No forms other than those prescribed in this part shall be
used for qualifying a political body to nominate candidates for public
office."
SECTION
6.
Said
chapter is further amended by revising Code Section 21-2-184, relating to
restriction on amendment or supplementation, as follows:
"21-2-184.
A
petition to qualify a political body to nominate candidates for
state-wide
public office by convention shall not be amended or supplemented after its
presentation to the Secretary of State for filing."
SECTION
7.
Said
chapter is further amended by revising Code Section 21-2-186, relating to
examination of petitions, as follows:
"21-2-186.
Petitions
to qualify a political body to nominate candidates for
state-wide
public office by convention shall be examined and shall be subject to judicial
review in the same manner as provided for candidates nominated by petition
pursuant to Code Section 21-2-171."
SECTION
8.
Said
chapter is further amended by revising Code Section 21-2-187, relating to
holding of conventions, as follows:
"21-2-187.
Political
bodies shall hold their conventions in accordance with Code Section 21-2-172 and
candidates nominated for
state-wide
public office in convention shall file a notice of candidacy no earlier than
9:00 A.M. on the fourth Monday in June immediately prior to the election and no
later than 12:00 Noon on the Friday following the fourth Monday in June as
prescribed in Code Section 21-2-132; provided, however, that the political body
must file its qualifying petition no later than 12:00 Noon on the second Tuesday
in July following the convention as prescribed in Code Section 21-2-172 in order
to qualify its candidates to be listed on the general election ballot; provided,
further, that, for general elections held in the even-numbered year immediately
following the official release of the United States decennial census data to the
states for the purpose of redistricting of the legislatures and the United
States House of Representatives, candidates nominated for
state-wide
public office shall file a notice of candidacy no earlier than 9:00 A.M. on the
last Monday in July immediately prior to the election and no later than 12:00
Noon on the Friday following the last Monday in July as prescribed in Code
Section 21-2-132; provided, further, that the political body must file its
qualifying petition no later than 12:00 Noon on the first Monday in August
following the convention as prescribed in Code Section 21-2-172 in order to
qualify its candidates to be listed on the general election
ballot."
SECTION
9.
Said
chapter is further amended by revising Code Section 21-2-493, relating to
computation, canvassing, and tabulation of returns, by adding a new subsection
to read as follows:
"(m)
The votes received by a candidate who is the nominee of a political party and
one or more political bodies shall be aggregated in the final returns for the
office sought by such
candidate."
SECTION
10.
Said
chapter is further amended by revising Code Section 21-2-499, relating to duty
of Secretary of State as to tabulation, computation, and canvassing of votes for
state and federal officers, by adding a new subsection to read as
follows:
"(d)
The votes received by a candidate who is the nominee of a political party and
one or more political bodies shall be aggregated in the final returns for the
office sought by such
candidate."
SECTION
11.
All
laws and parts of laws in conflict with this Act are repealed.