HB 1147 - Elections; primaries; nomination; run-off

Georgia House of Representatives - 1995/1996 Sessions

HB 1147 - Elections; primaries; nomination; run-off

Page Numbers - 1/ 2/ 3
Code Sections - 21-2-501.1
Prev Bill Next Bill Bill Summary Bill List Disclaimer
1. Holmes  53rd           2. McKinney  51st          3. White  161st
4. Brooks  54th           5. Hugley  133rd           6. Roberts  162nd

House Comm: GAff / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/23/96 Read 1st Time 1/24/96 Read 2nd Time 2/21/96 Favorably Reported ---------------------------------------- Code Sections amended: 21-2-501, 21-2-501.1
HB 1147 LC 22 1905 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 change the votes needed for 1- 3 nomination; to provide that winning a primary requires at 1- 4 least 40 percent of the votes cast; to provide for run-off 1- 5 primaries in certain circumstances; to provide for related 1- 6 matters; to provide an effective date; to repeal conflicting 1- 7 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 in its entirety 1-11 subsection (a) of Code Section 21-2-501, relating to run-off 1-12 elections and majority and plurality vote requirements for 1-13 primaries, special elections, and general elections, and 1-14 inserting in lieu thereof the following: 1-15 "(a) Except as otherwise provided in this Code section, no 1-16 candidate shall be nominated for public office in any 1-17 primary or elected to public office in any special 1-18 election unless such candidate shall have received a 1-19 majority of the votes cast to fill such nomination or 1-20 public office. In instances where no candidate receives a 1-21 majority of the votes cast, a run-off primary or special 1-22 election runoff between the candidates receiving the two 1-23 highest numbers of votes shall be held. Unless such date 1-24 is postponed by a court order, such run-off primary or 1-25 special election runoff shall be held on the twenty-first 1-26 day after the day of holding the preceding primary or 1-27 special election, provided that unless postponed by court 1-28 order, a runoff in the case of a special primary or 1-29 special election shall be held no sooner than the 1-30 fourteenth day and no later than the twenty-first day 1-31 after the day of holding the preceding special primary or 1-32 special election, which run-off day shall be determined by 1-33 the Secretary of State in a runoff to fill a federal or 1-34 state office, or by the superintendent in a runoff to fill -1- (Index) LC 22 1905 2- 1 a county or militia district office. If any candidate 2- 2 eligible to be in a runoff withdraws, dies, or is found to 2- 3 be ineligible, the remaining candidates receiving the two 2- 4 highest numbers of votes shall be the candidates in the 2- 5 runoff. The candidate receiving the highest number of the 2- 6 votes cast in such run-off primary or special election 2- 7 runoff to fill the nomination or public office sought 2- 8 shall be declared the winner. The name of a write-in 2- 9 candidate eligible for election in a runoff shall be 2-10 printed on the special election run-off ballot in the 2-11 independent column. The run-off primary or special 2-12 election runoff shall be a continuation of the primary or 2-13 special election for the particular office concerned, and 2-14 only the electors who were entitled to vote in the primary 2-15 or special election for candidates for that particular 2-16 office shall be entitled to vote therein; and only those 2-17 votes cast for the persons designated as candidates in 2-18 such run-off primary or special election runoff shall be 2-19 counted in the tabulation and canvass of the votes cast. 2-20 No elector shall vote in a run-off primary in violation of 2-21 Code Section 21-2-224." SECTION 2. 2-22 Said title is further amended by inserting a new Code 2-23 section to be designated Code Section 21-2-501.1 to read as 2-24 follows: 2-25 "21-2-501.1. (Index) 2-26 Except as otherwise provided in this Code section or in 2-27 Code Section 21-2-501, no candidate shall be nominated for 2-28 public office in any primary unless such candidate shall 2-29 have received at least 40 percent of the votes cast to 2-30 fill such nomination. In instances where no candidate 2-31 receives at least 40 percent of the votes cast, a run-off 2-32 primary between the candidates receiving the two highest 2-33 numbers of votes shall be held. Unless such date is 2-34 postponed by a court order, such run-off primary shall be 2-35 held on the twenty-first day after the day of holding the 2-36 preceding primary, provided that unless postponed by court 2-37 order, a runoff in the case of a special primary shall be 2-38 held no sooner than the fourteenth day and no later than 2-39 the twenty-first day after the day of holding the 2-40 preceding special primary, which run-off day shall be 2-41 determined by the Secretary of State in a runoff to 2-42 nominate a candidate for a federal or state office, or by 2-43 the superintendent in a runoff to nominate a candidate for -2- (Index) LC 22 1905 3- 1 a county or militia district office. If any candidate 3- 2 eligible to be in a runoff withdraws, dies, or is found to 3- 3 be ineligible, the remaining candidates receiving the two 3- 4 highest numbers of votes shall be the candidates in the 3- 5 runoff. The candidate receiving the highest number of the 3- 6 votes cast in such run-off primary to fill the nomination 3- 7 sought shall be declared the nominee. The run-off primary 3- 8 shall be a continuation of the primary for the particular 3- 9 office concerned, and only the electors who were entitled 3-10 to vote in the primary for candidates for that particular 3-11 office shall be entitled to vote therein; and only those 3-12 votes cast for the persons designated as candidates in 3-13 such run-off primary shall be counted in the tabulation 3-14 and canvass of the votes cast. No elector shall vote in a 3-15 run-off primary in violation of Code Section 21-2-224." SECTION 3. 3-16 This Act shall become effective upon its approval by the 3-17 Governor or upon its becoming law without such approval. SECTION 4. 3-18 All laws and parts of laws in conflict with this Act are 3-19 repealed. -3- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97