09 HB156/SCSFA/1
SENATE
SUBSTITUTE TO HB 156
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia
Annotated, relating to magistrates, so as to provide that elected magistrate
judges who are performing ordered military duty may continue in office and be
eligible for reelection during such duty; to provide for qualifying for election
by mail, messenger, or agent during such duty; to amend Chapter 2 of Title 21 of
the Official Code of Georgia Annotated, relating to primaries and elections
generally, so as to provide that elected public officials who are performing
ordered military duty may continue in office and be eligible for reelection
during such duty; to provide for qualifying for election by mail, messenger, or
agent during such duty; 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.
Article
2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating
to magistrates, is amended by adding a new Code section as follows:
"15-10-20.1.
(a)
Any elected chief magistrate or elected magistrate who is performing ordered
military duty, as defined in Code Section 38-2-279, of more than 21 days in
length shall be eligible for reelection in any primary or general election which
may be held to elect a successor for the next term of office, and may qualify in
absentia as a candidate for reelection to such office. The performance of
ordered military duty shall not create a vacancy in such office during the term
for which such judge was elected.
(b)
Where the giving of written notice of candidacy is required, any elected chief
magistrate or elected magistrate who is performing ordered military duty may
deliver such notice by mail, agent, or messenger to the proper elections
official. Any other act required by law of a candidate for the office of chief
magistrate or magistrate judge may, during the time such official is on ordered
military duty, be performed by an agent designated in writing by the absent
chief magistrate or magistrate
judge."
SECTION
2.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries
and elections generally, is amended by revising Code Section 21-2-132, relating
to filing notice of candidacy, nomination petition, and affidavit, by adding a
new subsection to read as follows:
"(j)(1)
Notwithstanding any provision of law to the contrary, any elected public officer
who is performing ordered military duty, as defined in Code Section 38-2-279, of
more than 21 days in length shall be eligible for reelection in any primary or
general election which may be held to elect a successor for the next term of
office, and may qualify in absentia as a candidate for reelection to such
office. The performance of ordered military duty shall not create a vacancy in
such office during the term for which such public officer was
elected.
(2)
Where the giving of written notice of candidacy is required, any elected public
officer who is performing ordered military duty may deliver such notice by mail,
agent, or messenger to the proper elections official. Any other act required by
law of a candidate may, during the time such officer is on ordered military
duty, be performed by an agent designated in writing by the absent public
officer."
SECTION
3.
Said
chapter is further amended by revising Code Section 21-2-153, relating to
qualification of candidates for party nomination in a state or county primary,
by adding a new subsection to read as follows:
"(g)(1)
Notwithstanding any provision of law to the contrary, any elected public officer
who is performing ordered military duty, as defined in Code Section 38-2-279, of
more than 21 days in length shall be eligible for reelection in any primary or
general election which may be held to elect a successor for the next term of
office, and may qualify in absentia as a candidate for reelection to such
office. The performance of ordered military duty shall not create a vacancy in
such office during the term for which such public officer was
elected.
(2)
Where the giving of written notice of candidacy is required, any elected public
officer who is performing ordered military duty may deliver such notice by mail,
agent, or messenger to the proper elections official. Any other act required by
law of a candidate may, during the time such officer is on ordered military
duty, be performed by an agent designated in writing by the absent public
officer."
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.