HB 111 - Elections; withdrawal of candidate at general election

Georgia House of Representatives - 1995/1996 Sessions

HB 111 - Elections; withdrawal of candidate at general election

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
Code Sections - 21-2-134
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1. Ladd  59th             2. Parsons  40th           3. Wiles  34th
4. Grindley  35th         5. Snelling  99th          6. Ehrhart  36th

House Comm: GAff / Senate Comm: SLGO / House Vote: Yeas 161 Nays 2 Senate Vote: Yeas 41 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 1/9/95 Read 1st Time 2/8/95 1/10/95 Read 2nd Time 3/1/95 1/13/95 Favorably Reported 2/28/95 1/23/95 Read 3rd Time 3/14/95 2/7/95 Passed/Adopted 3/14/95 FA Comm/Floor Amend/Sub 3/23/95 Sent to Governor 4/11/95 Signed by Governor 293 Act/Veto Number 7/1/95 Effective Date ---------------------------------------- Rules Suspended to Introduce Tabled 1/23/95 Taken from Table 2/3/95 Code Sections amended: 21-2-134
HB 111 HB 111/FA H. B. No. 111 (AM) By: Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th, Grindley of the 35th, Snelling of the 99th and others A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 21 of the Official Code of Georgia Annotated, 1- 2 relating to elections, so as to authorize a nominated 1- 3 candidate to withdraw as a candidate at the ensuing general 1- 4 election; to provide for procedures; to provide for the 1- 5 filling of vacancies created by such withdrawal; to provide 1- 6 for special elections; to provide for limitations; to repeal 1- 7 conflicting laws; and for other purposes. 1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1- 9 Title 21 of the Official Code of Georgia Annotated, relating 1-10 to elections, is amended by striking Code Section 21-2-134, 1-11 relating to restrictions on the withdrawal of nominated 1-12 candidates, and inserting in its place a new Code Section 1-13 21-2-134 to read as follows: 1-14 "21-2-134. (Index) 1-15 (a)(1) No A candidate nominated at any primary election 1-16 or nonpartisan primary or nominated by means other than 1-17 a primary may withdraw as a candidate at the ensuing 1-18 general election by filing a notarized affidavit of 1-19 withdrawal with the Secretary of State, if nominated for 1-20 a state office, or the county superintendent, if 1-21 nominated for a county office. The qualifying fee shall 1-22 not be returned to the candidate. If the ballots have 1-23 been printed, the Secretary of State or the county 1-24 superintendent may reprint the ballots to omit the name 1-25 of the withdrawn candidate. All votes cast for the 1-26 withdrawn candidate shall be void and shall not be 1-27 counted. Prominent notices shall be posted in all 1-28 polling places in which the name of the withdrawn 1-29 candidate appears on the ballot stating that the 1-30 candidate has withdrawn and that all votes cast for such 1-31 withdrawn candidate shall be void and shall not be 1-32 counted. No vacancy on the ballot for a general 1-33 election or for a nonpartisan election shall be filled H. B. No. 111 -1- (Index) HB 111/FA 2- 1 except by reason of the withdrawal, death, or 2- 2 disqualification of a candidate. 2- 3 (2) A candidate in a general, special, or nonpartisan 2- 4 primary may withdraw as a candidate after qualifying but 2- 5 prior to the date of the general, special, or 2- 6 nonpartisan primary by filing a notarized affidavit of 2- 7 withdrawal with the Secretary of State, if qualifying 2- 8 for a state office, or the county election 2- 9 superintendent, if qualifying for a county office. A 2-10 candidate of a political body or an independent 2-11 candidate in a general or special election may withdraw 2-12 as a candidate after qualifying but prior to the date of 2-13 the general or special election by filing a notarized 2-14 affidavit of withdrawal with the Secretary of State, if 2-15 qualifying for a state office, or the county election 2-16 superintendent, if qualifying for a county office. The 2-17 qualifying fee shall not be returned to the candidate. 2-18 If the ballots have been printed, the Secretary of State 2-19 or the county election superintendent may reprint the 2-20 ballots to omit the name of the withdrawn candidate. 2-21 All votes cast for the withdrawn candidate shall be void 2-22 and shall not be counted. Prominent notices shall be 2-23 posted in all polling places in which the name of the 2-24 withdrawn candidate appears on the ballot stating that 2-25 the candidate has withdrawn and that all votes cast for 2-26 such withdrawn candidate shall be void and shall not be 2-27 counted. 2-28 (b)(1) Any vacancy in any party nomination filled by a 2-29 primary created by reason of the death or 2-30 disqualification of a candidate occurring after 2-31 nomination may be filled in the following manner: 2-32 (1)(A) In the case of a public office to be filled by 2-33 the vote of the electors of the entire state in which 2-34 the vacancy occurs after nomination but at least ten 2-35 days prior to the election to fill the public office 2-36 sought by such candidate, the vacancy may be filled by 2-37 a substitute nomination made by a convention composed 2-38 of the delegates of the county executive committee of 2-39 such party in each county of the state. Immediately 2-40 upon such vacancy occurring, the state executive 2-41 committee or a subcommittee thereof appointed for the 2-42 purpose shall fix a time within six days of the 2-43 occurrence of such vacancy; shall select and provide a 2-44 convenient place for the holding of such a convention, H. B. No. 111 -2- (Index) HB 111/FA 3- 1 which shall be open to the public; and shall give 3- 2 notice thereof to the chairman chairperson and 3- 3 secretary of each county executive committee. Each 3- 4 county executive committee shall be entitled to select 3- 5 the number of delegates apportioned to it by the state 3- 6 executive committee; provided, however, that each 3- 7 county executive committee shall be entitled to select 3- 8 at least one delegate. Such apportionment of 3- 9 delegates among the counties shall be based 3-10 substantially upon the population of the state 3-11 according to the last United States decennial census 3-12 or upon the number of votes cast within the state for 3-13 the party's candidates for presidential electors in 3-14 the last presidential election. A two-third's 3-15 two-thirds' majority of the delegates of such county 3-16 executive committees shall constitute a quorum for the 3-17 transaction of business, and a majority of the 3-18 delegates present while a quorum exists shall be 3-19 sufficient to fill such nomination by a substitute 3-20 nomination. Each delegate shall have one vote and all 3-21 votes taken shall be by a roll-call vote. The records 3-22 of the convention shall be filed with the state 3-23 executive committee. In the event such a vacancy in 3-24 party nomination shall occur during the ten days 3-25 preceding the day of such an election, such vacancy 3-26 may be filled by a substitute nomination made by the 3-27 state executive committee or a subcommittee thereof 3-28 appointed for the purpose; 3-29 (2)(B) In the case of a public office for which a 3-30 candidate must qualify with the state executive 3-31 committee, except a public office to be filled by the 3-32 vote of the electors of the entire state, the 3-33 nomination may remain vacant or may be filled at the 3-34 decision of the state executive committee of the 3-35 party. The decision whether to fill such vacancy 3-36 shall be made by the state executive committee by 4:00 3-37 P.M. on the next business day following the actual 3-38 knowledge of the death or disqualification of the 3-39 candidate. The decision of the state executive 3-40 committee shall be immediately transmitted to the 3-41 Secretary of State. If the Secretary of State has not 3-42 been notified of the decision of the state executive 3-43 committee by 4:30 P.M. on the next business day 3-44 following the actual knowledge of the vacancy, it 3-45 shall be conclusively presumed that the state H. B. No. 111 -3- (Index) HB 111/FA 4- 1 executive committee has decided not to fill the 4- 2 vacancy. If the state executive committee decides not 4- 3 to fill the vacancy, the nomination shall remain 4- 4 vacant. If the state executive committee decides to 4- 5 fill the vacancy, the vacancy shall be filled by a 4- 6 substitute nomination made by the state executive 4- 7 committee or a subcommittee thereof appointed for that 4- 8 purpose; and 4- 9 (3)(C) In the case of a public office for which a 4-10 candidate must qualify with the county executive 4-11 committee, the nomination may remain vacant or may be 4-12 filled at the decision of the state executive 4-13 committee of the party. The state executive committee 4-14 or a subcommittee thereof may determine on its own 4-15 whether to fill the vacancy but is authorized, though 4-16 not required, to seek the recommendation of any of the 4-17 following persons for the purpose of determining 4-18 whether to fill the vacancy: the county executive 4-19 committee, if any; persons from the area who are 4-20 active in the party; persons who are present or former 4-21 officials of the party; persons who presently hold 4-22 political office or have sought political office as 4-23 candidates of the party; or such other persons as the 4-24 committee or subcommittee may desire to consult. The 4-25 decision whether to fill such vacancy shall be made by 4-26 the state executive committee by 4:00 P.M. on the next 4-27 business day following the actual knowledge of the 4-28 death or disqualification of the candidate. The 4-29 decision of the state executive committee shall be 4-30 immediately transmitted to the county superintendent. 4-31 If the county superintendent has not been notified of 4-32 the decision of the state executive committee by 4:30 4-33 P.M. on the next business day following the actual 4-34 knowledge of the vacancy, it shall be conclusively 4-35 presumed that the state executive committee has 4-36 decided not to fill the vacancy. If the state 4-37 executive committee decides not to fill the vacancy, 4-38 the nomination shall remain vacant. If the state 4-39 executive committee decides to fill the vacancy, the 4-40 vacancy shall be filled by a substitute nomination 4-41 made by the state executive committee or a 4-42 subcommittee thereof appointed for that purpose. The 4-43 state executive committee or a subcommittee thereof 4-44 may determine on its own who shall fill the vacancy as 4-45 a substitute nominee but is authorized, though not H. B. No. 111 -4- (Index) HB 111/FA 5- 1 required, to seek the recommendation of any of the 5- 2 following persons for the purpose of determining the 5- 3 most suitable substitute nomination: the county 5- 4 executive committee, if any; persons from the area who 5- 5 are active in the party; persons who are present or 5- 6 former officials of the party; persons who presently 5- 7 hold political office or have sought political office 5- 8 as candidates of the party; or such other persons as 5- 9 the committee or subcommittee may desire to consult. 5-10 (2) Any vacancy which occurs in any party nomination 5-11 filled by a primary and which is created by reason of 5-12 the withdrawal of a candidate 60 or more days prior to 5-13 the date of the election shall be filled as follows: 5-14 (A) By the person seeking nomination in such primary 5-15 who received the second highest total of votes cast in 5-16 such primary for that office, provided that such 5-17 person received not less than 40 percent of the votes 5-18 cast for that office; or 5-19 (B) In the event no person received the vote total 5-20 required under division (i) of this subparagraph, such 5-21 vacancy shall be filled in the same manner as provided 5-22 in subparagraph (A), (B), or (C) of paragraph (1) of 5-23 this subsection, as appropriate. 5-24 (c) Any vacancy occurring in any body nomination or party 5-25 nomination filled by means other than by primary, by 5-26 reason of the withdrawal, death, or disqualification of 5-27 any candidate after nomination, may be filled by a 5-28 substitute nomination made by such committee as is 5-29 authorized by the rules and regulations of the party or 5-30 body to make nominations in the event of vacancies on the 5-31 party or body ticket. 5-32 (d) If the withdrawal, death, or disqualification of a 5-33 candidate after nomination for any public office, except 5-34 an office filled by a nonpartisan primary, would at the 5-35 time of such event result in there being no candidate for 5-36 that office on the ballot in the general election, then 5-37 the vacancy shall be filled by a special primary which 5-38 shall be open only to the party of such deceased, 5-39 withdrawn, or disqualified candidate and the office shall 5-40 be filled by a special election as provided in Code 5-41 Section 21-2-540. 5-42 (e) In the event a candidate withdraws, dies, or is 5-43 disqualified after the nonpartisan primary but before the H. B. No. 111 -5- (Index) HB 111/FA 6- 1 nonpartisan election, no special nonpartisan primary shall 6- 2 be held and the nonpartisan election shall be conducted in 6- 3 the following manner: 6- 4 (1) If the vacancy occurs prior to 60 days before the 6- 5 general election, the nonpartisan election shall be held 6- 6 on the date of the November election. If no candidate 6- 7 receives a majority of the votes cast, a runoff shall be 6- 8 held on the date of the general election runoff. Upon 6- 9 actual knowledge of the withdrawal, death, or 6-10 disqualification of a candidate, the Secretary of State 6-11 shall reopen qualifications for any state office and the 6-12 election superintendent shall reopen qualifications for 6-13 any county office for a period of not less than one nor 6-14 more than three days after notice has been published in 6-15 a newspaper of appropriate circulation. The names of 6-16 candidates who qualify shall be placed on the 6-17 nonpartisan election ballot in the arrangement and form 6-18 prescribed by the Secretary of State or the election 6-19 superintendent but shall conform insofar as practicable 6-20 with Code Section 21-2-285.1. The list of electors 6-21 qualified to vote in the nonpartisan election shall be 6-22 the same list as is used in the general election; and 6-23 (2) If the vacancy occurs within 60 days of the general 6-24 election, the nonpartisan election shall be held on the 6-25 date of the general election runoff. If no candidate 6-26 receives a majority of the votes cast, a runoff shall be 6-27 held on the fourteenth day after the election. Upon 6-28 actual knowledge of the withdrawal, death, or 6-29 disqualification of a candidate, the Secretary of State 6-30 shall reopen qualifications for any state office and the 6-31 election superintendent shall reopen qualifications for 6-32 any county office for a period of not less than one nor 6-33 more than three days. All candidates who qualify shall 6-34 be placed on the nonpartisan ballot. The form of the 6-35 ballot shall be as prescribed by the Secretary of State 6-36 or the election superintendent. The list of electors 6-37 qualified to vote in the nonpartisan election shall be 6-38 the same list as used in the general election. 6-39 (f) Upon the making of any such substitute nomination, in 6-40 the manner prescribed in subsection (b) or subsection (c) 6-41 of this Code section, it shall be the duty of the chairman 6-42 chairperson and secretary of the convention or committee 6-43 making the nomination to file with the Secretary of State 6-44 or with the superintendent, as the case may be, a H. B. No. 111 -6- (Index) HB 111/FA 7- 1 nomination certificate which shall be signed by such 7- 2 chairman chairperson and secretary. Every such certificate 7- 3 of nomination shall be sworn to by the chairman 7- 4 chairperson and secretary before an officer qualified to 7- 5 administer oaths." SECTION 2. 7- 6 All laws and parts of laws in conflict with this Act are 7- 7 repealed. H. B. No. 111 -7- (Index)

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