HB 1518 - Elections; amend provisions

Georgia House of Representatives - 1995/1996 Sessions

HB 1518 - Elections; amend provisions

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16/ 17/ 18/ 19/ 20/ 21/ 22/ 23/ 24/ 25/ 26/ 27/ 28/ 29
Code Sections - 21-2-261.1/ 21-2-262/ 21-2-284.1/ 21-2-285.1/ 21-2-409/ 21-2-496/ 21-3-161.1
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1. Holmes  53rd

House Comm: GAff / Senate Comm: Ethics / House Vote: Yeas 130 Nays 45 Senate Vote: Yeas 51 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 1/30/96 Read 1st Time 2/20/96 1/31/96 Read 2nd Time 3/7/96 2/6/96 Favorably Reported 3/6/96 Sub Committee Amend/Sub Sub 2/19/96 Read 3rd Time 3/14/96 2/19/96 Passed/Adopted 3/14/96 CS Comm/Floor Amend/Sub CS 3/15/96 Amend/Sub Agreed To 3/21/96 Sent to Governor 3/25/96 Signed by Governor 531 Act/Veto Number 3/25/96 Effective Date ---------------------------------------- Code Sections amended: 21-2-132, 21-2-153, 21-2-212, 21-2-213, 21-2-215, 21-2-221, 21-2-224, 21-2-225, 21-2-231, 21-2-233, 21-2-261, 21-2-261.1, 21-2-262, 21-2-284.1, 21-2-285.1, 21-2-325, 21-2-402, 21-2-409, 21-2-496, 21-2-501, 21-2-540, 21-3-91, 21-3-123, 21-3-311, 21-3-161.1, 21-3-318
HB 1518 HB 1518/AP H. B. No. 1518 (AS PASSED HOUSE AND SENATE) By: Representative Holmes of the 53rd 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 provide for qualifying on 1- 3 legal holidays; to exempt nonjudicial candidates in 1- 4 nonpartisan primaries or elections from filing nomination 1- 5 petitions; to change provisions relating to the terms of 1- 6 registrars; to provide for registration of voters who are 1- 7 not county residents by deputy registrars; to provide for 1- 8 deputy registrars who are the designees of principals or 1- 9 assistant principals of high schools and presidents of state 1-10 supported technical institutes; to provide for the storing 1-11 of registration cards in secure areas other than the main 1-12 office of the board of registrars in certain circumstances; 1-13 to provide for the use of the electronic image of a voter's 1-14 signature; to provide for rules and regulations regarding 1-15 the electronic transmission of voter registration 1-16 applications and signatures; to provide for the validity of 1-17 electronically transmitted signatures; to change the 1-18 registration deadline for certain special primaries and 1-19 special elections; to provide a deadline for the receipt of 1-20 mail voter registration applications for certain special 1-21 primaries and special elections; to eliminate the duty of 1-22 the board of registrars to furnish data maintained on 1-23 electors; to provide that the Secretary of State shall 1-24 establish the cost for such data and to authorize the 1-25 Secretary of State to contract with private vendors 1-26 regarding such data; to provide for obtaining data regarding 1-27 deaths from the commissioner of human resources; to change 1-28 provisions relating to comparing the electors list with 1-29 change of address information supplied by the postal 1-30 service; to change provisions relating to changing the 1-31 boundaries of precincts and to eliminate obsolete provisions 1-32 related thereto; to provide for the form of the ballot and 1-33 ballot label as to nonjudicial candidates in nonpartisan 1-34 primaries and elections; to revise the voter's certificate; 1-35 to change provisions relating to assistance for physically 1-36 disabled voters; to authorize filing the results of 1-37 primaries and elections electronically; to provide that a H. B. No. 1518 -1- (Index) HB 1518/AP 2- 1 slate of presidential electors shall receive the highest 2- 2 number of votes cast to be elected; to provide for the 2- 3 holding of certain special elections on dates other than 2- 4 statutorily specified dates; to provide for conditions and 2- 5 limitations; to change the date for filing notices of 2- 6 candidacy for candidates in municipal elections; to provide 2- 7 the earliest date for filing such notices of candidacy; to 2- 8 clarify provisions relating to the delivery of a copy of the 2- 9 list of electors of a municipality by the county board of 2-10 registrars; to provide for related matters; to provide an 2-11 effective date; to repeal conflicting laws; and for other 2-12 purposes. 2-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 2-14 Title 21 of the Official Code of Georgia Annotated, relating 2-15 to elections, is amended by striking in their entirety 2-16 subsections (b.1) and (d) of Code Section 21-2-132, relating 2-17 to notices of candidacy, nomination petitions, qualifying 2-18 fees, and pauper's affidavits, and inserting in lieu thereof 2-19 the following: 2-20 "(b.1) All candidates seeking nomination in a nonpartisan 2-21 primary shall file their notice of candidacy and pay the 2-22 prescribed qualifying fee by the date prescribed in this 2-23 subsection in order to be eligible to have their names 2-24 placed on the nonpartisan primary ballot by the Secretary 2-25 of State or election superintendent, as the case may be, 2-26 in the following manner: 2-27 (1) Each candidate for the office of judge of the 2-28 superior court, Judge of the Court of Appeals, or 2-29 Justice of the Supreme Court, or the candidate's agent, 2-30 desiring to have his or her name placed on the 2-31 nonpartisan primary ballot shall file a notice of 2-32 candidacy, giving his or her name, residence address, 2-33 and the office sought, in the office of the Secretary of 2-34 State no earlier than 9:00 A.M. on the fourth Monday in 2-35 April immediately prior to the election and no later 2-36 than 12:00 Noon on the Friday following the fourth 2-37 Monday in April, notwithstanding the fact that any such 2-38 days may be legal holidays; and 2-39 (2) Each candidate for a county judicial office, a local 2-40 school board office, or an office of a consolidated 2-41 government, or the candidate's agent, desiring to have H. B. No. 1518 -2- (Index) HB 1518/AP 3- 1 his or her name placed on the nonpartisan primary ballot 3- 2 shall file notice of candidacy in the office of the 3- 3 superintendent no earlier than 9:00 A.M. on the fourth 3- 4 Monday in April immediately prior to the election and no 3- 5 later than 12:00 Noon on the Friday following the fourth 3- 6 Monday in April, notwithstanding the fact that any such 3- 7 days may be legal holidays." 3- 8 "(d) Each candidate required to file a notice of candidacy 3- 9 by this Code section shall, no earlier than 9:00 A.M. on 3-10 the fourth Monday in June immediately prior to the 3-11 election and no later than 12:00 Noon on the second 3-12 Tuesday in July immediately prior to the election, file 3-13 with the same official with whom he or she filed his or 3-14 her notice of candidacy a nomination petition in the form 3-15 prescribed in Code Section 21-2-170, except that such 3-16 petition shall not be required if such candidate is: 3-17 (1) A nominee of a political party for the office of 3-18 presidential elector when such party has held a national 3-19 convention and therein nominated candidates for 3-20 President and Vice President of the United States; 3-21 (2) Seeking office in a special election; 3-22 (3) An incumbent qualifying as a candidate to succeed 3-23 such incumbent if, prior to the election in which such 3-24 incumbent was originally elected to the office for which 3-25 such incumbent seeks reelection, such incumbent filed a 3-26 notice of candidacy and a nomination petition as 3-27 required by this chapter; 3-28 (4) A candidate seeking nomination or election to the 3-29 office of judge of a state court, judge of a superior 3-30 court, Judge of the Court of Appeals, or Justice of the 3-31 Supreme Court in a nonpartisan primary or election; or 3-32 (5) A nominee for a state-wide office by a duly 3-33 constituted political body convention, provided that the 3-34 political body making the nomination has qualified to 3-35 nominate candidates for state-wide public office under 3-36 the provisions of Code Section 21-2-180." SECTION 2. 3-37 Said title is further amended by striking in its entirety 3-38 subsection (c) of Code Section 21-2-153, relating to 3-39 qualification of candidates for party nomination in a 3-40 primary, and inserting in lieu thereof the following: H. B. No. 1518 -3- (Index) HB 1518/AP 4- 1 "(c) In the case of a general primary, the candidates or 4- 2 their agents shall commence qualifying at 9:00 A.M. on the 4- 3 fourth Monday in April immediately prior to the primary 4- 4 and shall cease qualifying at 12:00 Noon on the Friday 4- 5 following the fourth Monday in April, notwithstanding the 4- 6 fact that any such days may be legal holidays. In the case 4- 7 of a special primary, the candidate shall qualify no 4- 8 earlier than the date of the call for the special primary 4- 9 and no later than 25 days prior to the date of such 4-10 primary." SECTION 3. 4-11 Said title is further amended by striking in their entirety 4-12 subsections (a) and (b) of Code Section 21-2-212, relating 4-13 to county registrars, and inserting in lieu thereof the 4-14 following: 4-15 "(a) The judge of the superior court in each county or the 4-16 senior judge in time of service in those counties having 4-17 more than one judge shall appoint quadrennially, upon the 4-18 recommendation of the grand jury of such county, not less 4-19 than three nor more than five judicious, intelligent, and 4-20 upright electors of such county as county registrars. The 4-21 grand jury shall submit to the judge the names of ten such 4-22 electors and the appointment shall be made therefrom and 4-23 shall be entered on the minutes of the court. When making 4-24 such appointments, the judge will designate one of the 4-25 registrars as chief registrar who shall serve as such 4-26 during such registrar's term of office, and such 4-27 designation shall likewise be entered on the minutes of 4-28 the court. It shall be the duty of the clerk of the 4-29 superior court to certify the appointments and designation 4-30 to the Secretary of State within 30 days after the 4-31 appointments and designation, and commissions shall be 4-32 issued as for county officers. When certifying such names 4-33 to the Secretary of State, the clerk of the superior court 4-34 shall also list the addresses of the registrars. The 4-35 registrars shall serve for a term of four years and until 4-36 their successors are appointed and qualified, except in 4-37 the event of death, resignation, or removal as provided in 4-38 this Code section. Such judge will have the right to 4-39 remove one or more of such registrars at any time for 4-40 cause after notice and hearing. Any registrar shall have 4-41 the right to resign at any time by submitting a 4-42 resignation to such judge. In the event of any such 4-43 removal or resignation of a registrar, such registrar's H. B. No. 1518 -4- (Index) HB 1518/AP 5- 1 duties and authority as such shall terminate instantly. In 5- 2 case of the death, resignation, or removal of a registrar, 5- 3 the judge shall appoint a successor who shall serve until 5- 4 the next grand jury convenes, at which time the grand jury 5- 5 shall submit to the judge the names of two judicious, 5- 6 intelligent, and upright electors of such county; and the 5- 7 judge shall make an appointment from said list, such 5- 8 successor to serve the unexpired term of such registrar's 5- 9 predecessor in office. In the event the grand jury is in 5-10 session at the time of any such death, removal, or 5-11 resignation, such grand jury shall immediately submit the 5-12 names of said electors to the judge for such appointment. 5-13 Each such appointment or change in designation shall be 5-14 entered on the minutes of the court and certified as 5-15 provided in this Code section. 5-16 (b) The first appointees under this article shall take 5-17 office on July 1, 1965, for a term of four years and until 5-18 their successors are appointed and qualified, except in 5-19 the event of resignation or removal as provided in 5-20 subsection (a) of this Code section. Their terms shall 5-21 commence on July 1 and expire on June 30 four years next 5-22 thereafter. The first new grand jury which convenes in 5-23 each county in the year 1965, and each four years 5-24 thereafter, shall submit to the judge the list of names as 5-25 provided in subsection (a) of this Code section. Such 5-26 list shall be submitted to the judge, who shall appoint 5-27 the registrars and designate the chief registrar prior to 5-28 June 30. No appointment for a full term shall be made 5-29 prior to January 1 of the year in which the appointee is 5-30 to take office. If no such grand jury is convened or, if 5-31 convened but failed to recommend, the judge shall appoint 5-32 the registrars without the necessity of any 5-33 recommendation. In the event that a registrar holds over 5-34 beyond the end of the registrar's term of office due to 5-35 the failure to have a successor timely appointed and 5-36 qualified, the successor shall be appointed to serve the 5-37 remainder of the term of office and shall not receive a 5-38 new four-year term of office." SECTION 4. 5-39 Said title is further amended by striking in its entirety 5-40 subsection (b) of Code Section 21-2-213, relating to county 5-41 deputy registrars, clerical help, and chief deputy 5-42 registrars, and inserting in its place the following: H. B. No. 1518 -5- (Index) HB 1518/AP 6- 1 "(b) The board of registrars in each county may hire 6- 2 clerical help to assist them in their duties if the 6- 3 compensation required therefor has been first approved by 6- 4 the governing authority of the county. Such additional 6- 5 clerks shall be eligible to be appointed as deputy 6- 6 registrars for the purpose of registering voters in the 6- 7 county and performing other duties as may be required, but 6- 8 it shall not be necessary for such clerks to be electors 6- 9 of the county in which employed." SECTION 5. 6-10 Said title is further amended by striking in their entirety 6-11 subsections (g) and (h) of Code Section 21-2-215, relating 6-12 to the main office of the board of registrars, staffing, 6-13 location, business hours, additional registration places, 6-14 educators' duties, and digitization system for registration 6-15 cards, and inserting in lieu thereof the following: 6-16 "(g) Each principal or assistant principal of every public 6-17 or private high school, the president of every public or 6-18 private college or university, or such president's 6-19 designee, and the director of each area vocational school 6-20 the president of each state supported technical institute 6-21 in this state, and the designee of such principal, 6-22 assistant principal, college or university president, or 6-23 state supported technical institute president shall be a 6-24 deputy registrar of the county in which the school, 6-25 college, university, or institute is located for the 6-26 purpose of receiving voter registration applications from 6-27 obtain and make available the mail voter registration 6-28 applications provided for in Code Section 21-2-223 for the 6-29 purpose of registering as electors those qualified 6-30 applicants who are enrolled students within the 6-31 principal's or director's school or the president's 6-32 college, or university, or institute or who are employed 6-33 by the private high school, the school system, or the 6-34 college or university, or the state supported technical 6-35 institute, notwithstanding the fact that such students or 6-36 employees are not residents of the county in which the 6-37 school, college, university, or institute is located. 6-38 Such principals, assistant principals, presidents, or 6-39 designees, and directors and their designees shall inform 6-40 their students and employees of the availability of such 6-41 forms voter registration and shall provide reasonable and 6-42 convenient procedures to enable such persons who are 6-43 qualified applicants to register. The principal of each H. B. No. 1518 -6- (Index) HB 1518/AP 7- 1 public or private high school, the president of each 7- 2 public or private college or university, and the director 7- 3 president of each area vocational school state supported 7- 4 technical institute are authorized to invite other deputy 7- 5 registrars to the school, college, or university, or 7- 6 institute for the purpose of conducting voter 7- 7 registration. 7- 8 (h) The completed registration cards in the custody of the 7- 9 board of registrars and the other papers of the board of 7-10 registrars shall be secured and maintained in the main 7-11 office of the board of registrars, with the exception that 7-12 completed registration cards may be retained temporarily 7-13 at permanent additional voter registration places 7-14 established under this Code section but shall be 7-15 transmitted to the main office as expeditiously as 7-16 possible by a registrar or deputy registrar or by United 7-17 States mail. In no event shall the completed registration 7-18 cards be temporarily retained beyond the end of the next 7-19 business day. However, in counties in which a computer 7-20 system for the electronic imaging of the entire voter 7-21 registration card or the signature of the voter is 7-22 operational and permits the registrars to view the 7-23 signature of the voter electronically, the completed 7-24 registration cards may be stored in a secure area outside 7-25 of the main office of the board of registrars, provided 7-26 that such cards may be retrieved within a reasonable time 7-27 in the event that the actual card is needed. The 7-28 electronic image of the voter's signature may be used by 7-29 the registrars in the same manner as the original 7-30 signature on the voter registration card to verify 7-31 absentee ballot applications, absentee ballots, petitions, 7-32 and other documents which require the registrars to 7-33 compare the signature of the voter on the document to the 7-34 signature on the voter's registration card." SECTION 6. 7-35 Said title is further amended by inserting in Code Section 7-36 21-2-221, relating to the driver's license or identification 7-37 application as application for voter registration, a new 7-38 subsection to be designated subsection (h) to read as 7-39 follows: 7-40 "(h) The Secretary of State and the commissioner of public 7-41 safety shall have the authority to promulgate rules and 7-42 regulations to provide for the transmission of voter 7-43 registration applications and signatures electronically. H. B. No. 1518 -7- (Index) HB 1518/AP 8- 1 Such electronically transmitted signatures shall be valid 8- 2 as signatures on the voter registration application and 8- 3 shall be treated in all respects as a manually written 8- 4 original signature and shall be recognized as such in any 8- 5 matter concerning the voter registration application." SECTION 7. 8- 6 Said title is further amended by striking in their entirety 8- 7 subsections (b) and (c) of Code Section 21-2-224, relating 8- 8 to registration deadlines, restrictions on voting in 8- 9 primaries, the official list of electors, and the voting 8-10 procedure when county boundaries are changed, and inserting 8-11 in lieu thereof the following: 8-12 "(b) If any person whose name is not on the list of 8-13 registered electors desires to vote at any special primary 8-14 or special election, such person shall make application as 8-15 provided in this article no later than the close of 8-16 business on the fifth day after the date of the call for 8-17 the special primary or special election, excluding 8-18 Saturdays, Sundays, and legal holidays of this state; 8-19 except that: 8-20 (1) If such special primary or special election is held 8-21 in conjunction with a general primary, general election, 8-22 or presidential preference primary, the registration 8-23 deadline for such special primary or special election 8-24 shall be the same as the registration deadline for the 8-25 general primary, general election, or presidential 8-26 preference primary in conjunction with which the special 8-27 primary or special election is being conducted; or 8-28 (2) If such special primary or special election is not 8-29 held in conjunction with a general primary, general 8-30 election, or presidential preference primary, but is 8-31 held on one of the dates specified in Code Section 8-32 21-2-540 for the conduct of special elections to present 8-33 a question to the voters or special primaries or 8-34 elections to fill vacancies in elected county offices, 8-35 the registration deadline for such a special primary or 8-36 election shall be at the close of business on the 8-37 thirty-first day fifth Monday prior to the date of the 8-38 special primary or election or, if such thirty-first day 8-39 Monday is a legal holiday, by the close of business on 8-40 the following business day. 8-41 (c) Mail voter registration applications shall be deemed 8-42 to have been made as of the date of the postmark affixed H. B. No. 1518 -8- (Index) HB 1518/AP 9- 1 to such application by the United States Postal Service 9- 2 or, if no such postmark is affixed or if the postmark 9- 3 affixed by the United States Postal Service is illegible 9- 4 or bears no date, such application shall be deemed to have 9- 5 been made timely if received through the United States 9- 6 mail by the Secretary of State no later than the close of 9- 7 business on the fourth Friday prior to a general primary, 9- 8 general election, presidential preference primary, or 9- 9 special primary or special election held in conjunction 9-10 with a general primary, general election, or presidential 9-11 preference primary or special primary or special election 9-12 held on one of the dates specified in Code Section 9-13 21-2-540 for the conduct of special elections to present 9-14 questions to the voters or special primaries or special 9-15 elections to fill vacancies in elected county offices or 9-16 no later than the close of business on the ninth day after 9-17 the date of the call, excluding Saturdays, Sundays, and 9-18 legal holidays of this state, for all other special 9-19 primaries and special elections." SECTION 8. 9-20 Said title is further amended by striking in its entirety 9-21 subsection (c) of Code Section 21-2-225, relating to 9-22 confidentiality of registration applications, limitations on 9-23 registration data available for public inspection, and data 9-24 made available by the Secretary of State, and inserting in 9-25 its place the following: 9-26 "(c) It shall be the duty of the Secretary of State and 9-27 the board of registrars to furnish copies of such data as 9-28 may be collected and maintained on electors whose names 9-29 appear on the list of electors maintained by the Secretary 9-30 of State pursuant to this article, within the limitations 9-31 provided in this article, on computer tape or diskette 9-32 electronic media or computer run list or both. The 9-33 Notwithstanding any other provision of law to the 9-34 contrary, the Secretary of State shall establish the cost 9-35 to be charged for such lists data. The Secretary of State 9-36 may contract with private vendors to make such data 9-37 available in accordance with this subsection. Such data 9-38 may not be used by any person for commercial purposes." SECTION 9. 9-39 Said title is further amended by striking in its entirety 9-40 subsection (c) of Code Section 21-2-231, relating to lists 9-41 of persons convicted of felonies, persons declared mentally H. B. No. 1518 -9- (Index) HB 1518/AP 10- 1 incompetent, and deceased persons and removal of names from 10- 2 the list of electors, and inserting in its place the 10- 3 following: 10- 4 "(c) The local registrar of vital statistics of each 10- 5 county shall, on or before the tenth day of each month, 10- 6 prepare and transmit to the Secretary of State, in a 10- 7 format as prescribed by the Secretary of State, a complete 10- 8 list of all persons, including addresses, ages, and other 10- 9 identifying information as prescribed by the Secretary of 10-10 State, who died during the preceding calendar month in the 10-11 county. The Secretary of State may, by agreement with the 10-12 commissioner of human resources, obtain such information 10-13 from the state registrar of vital statistics." SECTION 10. 10-14 Said title is further amended by striking in its entirety 10-15 subsection (a) of Code Section 21-2-233, relating to the 10-16 comparison of the electors list with change of address 10-17 information supplied by the postal service and notice to 10-18 electors, and inserting in its place the following: 10-19 "(a) Beginning in 1996, during the month of January in 10-20 each year except a year in which a presidential preference 10-21 primary is to be conducted and during the month of March 10-22 in years in which a presidential preference primary is to 10-23 be conducted, the The Secretary of State shall is 10-24 authorized to cause at his or her discretion the official 10-25 list of electors to be compared to the change of address 10-26 information supplied by the United States Postal Service 10-27 through its licensees periodically, but not more often 10-28 than once each year, for the purpose of identifying those 10-29 electors whose addresses have changed." SECTION 11. 10-30 Said title is further amended by striking in its entirety 10-31 subsection (a) of Code Section 21-2-261, relating to changes 10-32 in precinct boundaries and creation of new precincts, and 10-33 inserting in its place the following: 10-34 "(a) The superintendent of a county may, on petition as 10-35 provided in Code Section 21-2-262, divide or redivide any 10-36 precinct in that county into two or more precincts of 10-37 compact and contiguous territory, or alter the bounds of 10-38 any precinct in that county, or form a precinct out of two 10-39 or more adjoining precincts or parts of precincts in that 10-40 county, or consolidate adjoining precincts in that county, H. B. No. 1518 -10- (Index) HB 1518/AP 11- 1 so as to suit the convenience of the electors and to 11- 2 promote the public interests." SECTION 12. 11- 3 Said title is further amended by striking in their entirety 11- 4 subsections (b) and (e) of Code Section 21-2-261.1, relating 11- 5 to boundary requirements for precincts established or 11- 6 altered on or after a specified date, and redesignating the 11- 7 remaining subsections so that Code Section 21-2-261.1 reads 11- 8 as follows: 11- 9 "21-2-261.1. (Index) 11-10 (a) All voting precincts established or altered on or 11-11 after April 15, 1994, shall consist of areas which are 11-12 bounded on all sides only by: 11-13 (1) Visible features which are readily distinguishable 11-14 upon the ground (such as streets, railroad tracks, 11-15 streams, lakes, and ridges) and which are indicated upon 11-16 official Department of Transportation maps, current 11-17 census maps, city or county planning maps, official 11-18 municipal maps, official county maps, or any combination 11-19 of such maps; 11-20 (1.1) The boundaries of public parks; 11-21 (1.2) The boundaries of public school grounds; 11-22 (1.3) The boundaries of churches; or 11-23 (2) The boundaries of counties and incorporated 11-24 municipalities. 11-25 (b) No later than January 1, 1984, unless a waiver 11-26 extending such deadline to January 1, 1986, is granted by 11-27 the Secretary of State, the superintendent shall move the 11-28 boundaries of all precincts so that they conform to the 11-29 requirements of subsection (a) of this Code section and 11-30 continue to promote the convenience of electors and the 11-31 public interests. The superintendent shall within 30 days 11-32 prior to the establishment of any new boundaries required 11-33 to conform with subsection (a) of this Code section 11-34 publish a notice of such changes once a week for two weeks 11-35 in the county organ and post a conspicuous notice of such 11-36 changes in at least five public and conspicuous places in 11-37 each affected precinct. At least one such notice shall be 11-38 posted at or in the immediate vicinity of the polling 11-39 place in each affected precinct. Each notice shall state 11-40 the date upon which adoption of such changes is proposed H. B. No. 1518 -11- (Index) HB 1518/AP 12- 1 to be made and shall direct interested persons to address 12- 2 their comments or questions to the superintendent. 12- 3 (c) The superintendent shall notify the board of 12- 4 registrars within ten days after such changes are adopted. 12- 5 (d) (c) Not later than February 1, 1984, unless a waiver 12- 6 extending such deadline to February 1, 1986, has been 12- 7 granted by the Secretary of State, each superintendent 12- 8 shall file with the Secretary of State a current copy of a 12- 9 map of all precincts in the county. Thereafter the 12-10 superintendent shall file with the Secretary of State: 12-11 (1) A map reflecting any changes in precincts within 20 12-12 days after the changes are made; 12-13 (2) A copy of any communications to or from the United 12-14 States Department of Justice relating to any precincts 12-15 within 20 days after such communication is sent or 12-16 received; 12-17 (3) A copy of any pleading initiating a court action 12-18 potentially affecting any precincts within 30 days after 12-19 it is filed; 12-20 (4) A copy of any court order affecting any precincts 12-21 within 20 days after it is entered; and 12-22 (5) Any other documentation necessary to allow the 12-23 Secretary of State to maintain a current listing of all 12-24 precincts in the state. 12-25 (e) The Secretary of State shall be authorized to waive 12-26 and postpone the effective dates of compliance as provided 12-27 in subsections (b) and (d) of this Code section with 12-28 respect to any superintendent if compliance by such dates 12-29 would cause an undue hardship." SECTION 13. 12-30 Said title is further amended by striking in its entirety 12-31 Code Section 21-2-262, relating to petitions for division of 12-32 precincts or alterations of precinct boundaries, and 12-33 inserting in lieu thereof the following: 12-34 "21-2-262. (Index) 12-35 (a) The superintendent may upon his or her own motion 12-36 direct the board of registrars to investigate the division 12-37 or redivision of a precinct into two or more precincts, or 12-38 the alteration of the bounds of any precinct, or the 12-39 formation of one or more precincts out of two or more H. B. No. 1518 -12- (Index) HB 1518/AP 13- 1 existing precincts or parts thereof or the consolidation 13- 2 of adjoining precincts. The board of registrars shall 13- 3 make a full investigation of the facts and shall promptly 13- 4 report to the superintendent its findings and 13- 5 recommendations as to the division, redivision, 13- 6 alteration, formation, or consolidation of the precincts. 13- 7 If the board of registrars shall find that a division, 13- 8 redivision, alteration, formation, or consolidation of 13- 9 precincts will promote the convenience of the electors and 13-10 the public interests, it shall recommend a proper 13-11 division, redivision, alteration, formation, or 13-12 consolidation of precincts which conforms to the 13-13 requirements of subsection (a) of Code Section 21-2-261.1 13-14 and shall accompany its report with a map, plat, or draft 13-15 of the new election precinct or precincts proposed by it. 13-16 (a.1) Upon the petition of 20 electors or of the county 13-17 executive committee of a political party to the 13-18 superintendent of the county, praying for the division or 13-19 redivision of a precinct into two or more precincts, or 13-20 for the alteration of the bounds of any precinct, or for 13-21 the formation of one or more precincts out of two or more 13-22 existing precincts or parts thereof, or for the 13-23 consolidation of adjoining precincts, the superintendent 13-24 shall refer such petition to the board of registrars, 13-25 which shall make a full investigation of the facts and 13-26 shall promptly report to the superintendent its findings 13-27 and recommendations as to the division, redivision, 13-28 alteration, formation, or consolidation of the precincts 13-29 prayed for. If the board of registrars shall find that a 13-30 division, redivision, alteration, formation, or 13-31 consolidation of precincts will promote the convenience of 13-32 the electors and the public interests, it shall recommend 13-33 a proper division, redivision, alteration, formation, or 13-34 consolidation of precincts which conform conforms to the 13-35 requirements of subsection (a) of Code Section 21-2-261.1 13-36 and shall accompany its report with a map, plat, or draft 13-37 of the new election precinct or precincts proposed by it. 13-38 Such petitions may specify the boundaries desired by the 13-39 petitioners and may be accompanied by a map setting forth 13-40 such boundaries. 13-41 (b) The board of registrars may also petition the 13-42 superintendent for the division or redivision of any 13-43 precinct into two or more precincts, or for the alteration 13-44 of the bounds of any precinct, or for the formation of one 13-45 or more precincts out of two or more existing precincts or H. B. No. 1518 -13- (Index) HB 1518/AP 14- 1 parts thereof, or for the consolidation of adjoining 14- 2 precincts, accompanying its petition by a description of 14- 3 the proposed new precincts and by a map, plat, or draft 14- 4 thereof. 14- 5 (c) Upon the presentation of any such petition by the 14- 6 board of registrars or upon the filing by the board of its 14- 7 report and recommendations as to any petition 14- 8 investigation presented under subsection (a) of this Code 14- 9 section, the superintendent may make such order for the 14-10 division, redivision, alteration, formation, or 14-11 consolidation of precincts as will, in his the 14-12 superintendent's opinion, promote the convenience of 14-13 electors and the public interests; provided, however, that 14-14 the superintendent shall not make any final order for the 14-15 division, redivision, alteration, formation, or 14-16 consolidation of precincts until at least ten days after 14-17 notice of such change shall have been posted in at least 14-18 five public and conspicuous places in the precinct or 14-19 precincts to be affected thereby, one of which notices 14-20 shall be posted on or in the immediate vicinity of the 14-21 polling place in each such precinct advertised in the 14-22 legal organ of the county. Such notice shall state briefly 14-23 the division, redivision, alteration, formation, or 14-24 consolidation of precincts recommended by the board of 14-25 registrars and the date upon which the same will be 14-26 considered by the superintendent and shall contain a 14-27 warning that any person objecting thereto must file his or 14-28 her objections with the superintendent prior to such date. 14-29 Upon the making of any such final order by the 14-30 superintendent, a copy thereof shall be certified by him 14-31 the superintendent to the board of registrars. 14-32 (d) Any other provisions of this Code section to the 14-33 contrary notwithstanding, in all counties of this state 14-34 having a population of 500,000 or more according to the 14-35 United States decennial census of 1970 or any future such 14-36 census, the notice of changes in precincts shall be 14-37 accomplished by sending such notices by first-class mail 14-38 to the electors affected thereby at the addresses of such 14-39 electors shown on the electors list; and such notices 14-40 shall be in lieu of all other notices required by this 14-41 subsection. 14-42 (e) In any county having a population of more than 250,000 14-43 according to the United States decennial census of 1970 or 14-44 any such future census, the powers and duties conferred H. B. No. 1518 -14- (Index) HB 1518/AP 15- 1 upon the superintendent by this Code section and Code 15- 2 Sections 21-2-261 and 21-2-261.1 shall be exercised and 15- 3 performed by the governing authority of the county." SECTION 14. 15- 4 Said title is further amended by striking in its entirety 15- 5 Code Section 21-2-284.1, relating to nonpartisan primaries 15- 6 for judicial offices, and inserting in its place the 15- 7 following: 15- 8 "21-2-284.1. (Index) 15- 9 The names of all candidates seeking nomination in the 15-10 nonpartisan primary for the office of judge of a state 15-11 court, judge of a superior court, Judge of the Court of 15-12 Appeals, or Justice of the Supreme Court shall be printed 15-13 on the ballot of each political party; and insofar as 15-14 practicable such offices to be filled in a nonpartisan 15-15 primary shall be separated from the names of political 15-16 party candidates by being listed last on each political 15-17 party ballot, with the top of that portion of the ballot 15-18 relating to the nonpartisan primary for judges to have 15-19 printed in prominent type the words 'OFFICIAL NONPARTISAN 15-20 PRIMARY BALLOT.' Immediately under this caption the 15-21 following directions shall be printed: 'Place a cross (X) 15-22 or check (/) mark in the square opposite the name of each 15-23 nonpartisan candidate for whom you choose to vote. If you 15-24 spoil your ballot, do not erase, but ask for a new ballot. 15-25 Use only pen or pencil.' Immediately under the 15-26 directions, the names of the nonpartisan candidates shall 15-27 in all cases be arranged under the title of the office for 15-28 which they are candidates and be printed thereunder in 15-29 alphabetical order. No party designation or affiliation 15-30 shall appear beside the name of any candidate for 15-31 nonpartisan office. The incumbency of a nonpartisan 15-32 candidate seeking nomination for the public office he or 15-33 she then holds shall be indicated on the ballots by 15-34 printing the word 'Incumbent' beside his or her name. 15-35 Under the title of each office shall be placed a direction 15-36 as to the number of nonpartisan candidates to be voted 15-37 for. The votes cast for each nonpartisan candidate listed 15-38 on all political party ballots shall be combined to 15-39 determine the total number of votes received by each 15-40 candidate in the nonpartisan primary. In the event that a 15-41 candidate in such nonpartisan primary does not receive a 15-42 majority of the total votes cast for such office, there 15-43 shall be a nonpartisan primary runoff between the H. B. No. 1518 -15- (Index) HB 1518/AP 16- 1 candidates receiving the two highest numbers of votes for 16- 2 such office; and the names of such candidates shall be 16- 3 placed on each political party ballot at the general 16- 4 primary runoff in the same nonpartisan portion as 16- 5 prescribed in this Code section. If no political party 16- 6 runoff is required, the form of the ballot for the 16- 7 nonpartisan primary runoff shall be prescribed by the 16- 8 Secretary of State or election superintendent in 16- 9 essentially the same format prescribed for nonpartisan 16-10 primaries. The candidate receiving a majority of the 16-11 total votes cast in the nonpartisan primary or the 16-12 candidate receiving the highest number of votes cast in 16-13 the nonpartisan primary runoff shall be the only candidate 16-14 for such office to have his or her name placed on the 16-15 nonpartisan election ballot, and such person may be 16-16 referred to as the nominee for such office or as the 16-17 candidate nominated for such office." SECTION 15. 16-18 Said title is further amended by striking in its entirety 16-19 Code Section 21-2-285.1, relating to nonpartisan elections 16-20 for judicial offices, and inserting in its place the 16-21 following: 16-22 "21-2-285.1. (Index) 16-23 The names of all candidates nominated in the nonpartisan 16-24 primary for the office of judge of a state court, judge of 16-25 a superior court, Judge of the Court of Appeals, or 16-26 Justice of the Supreme Court shall be printed on each 16-27 official election ballot; and insofar as practicable such 16-28 offices to be filled in the nonpartisan election shall be 16-29 separated from the names of candidates for other offices 16-30 by being listed last on each ballot, with the top of that 16-31 portion of each official election ballot relating to the 16-32 nonpartisan election of judges to have printed in 16-33 prominent type the words 'OFFICIAL NONPARTISAN ELECTION 16-34 BALLOT.' Immediately under this caption the following 16-35 directions shall be printed: 'Place a cross (X) or check 16-36 (/) mark in the square opposite the name of each 16-37 nonpartisan candidate for whom you choose to vote. To 16-38 vote for a person whose name is not on the ballot, 16-39 manually write his or her name, accompanied by the title 16-40 of the office involved, in the write-in column. If you 16-41 spoil your ballot, do not erase, but ask for a new ballot. 16-42 Use only pen or pencil.' Immediately under the directions, 16-43 the name of each nonpartisan candidate shall be arranged H. B. No. 1518 -16- (Index) HB 1518/AP 17- 1 under the title of the office for which such candidate was 17- 2 nominated in the official nonpartisan primary. No party 17- 3 designation or affiliation shall appear beside the name of 17- 4 any candidate for nonpartisan office. An appropriate space 17- 5 shall also be placed on the ballot for the casting of 17- 6 write-in votes for such offices. In the event that no 17- 7 candidate in such nonpartisan election receives a 17- 8 plurality of the total votes cast for such office, there 17- 9 shall be a nonpartisan election runoff between the 17-10 candidates receiving the two highest numbers of votes; and 17-11 the names of such candidates shall be placed on the 17-12 official ballot at the general election runoff in the same 17-13 manner as prescribed in this Code section for the 17-14 nonpartisan election. In the event that only nonpartisan 17-15 candidates for judges are to be placed on a run-off 17-16 ballot, the form of the ballot shall be as prescribed by 17-17 the Secretary of State or election superintendent in 17-18 essentially the same format as prescribed for the 17-19 nonpartisan election of judges. The candidate having a 17-20 plurality of the votes cast in the nonpartisan election or 17-21 the candidate receiving the highest number of votes cast 17-22 in the nonpartisan election runoff shall be declared duly 17-23 elected to such office." SECTION 16. 17-24 Said title is further amended by striking in their entirety 17-25 subsections (g), (h), and (i) of Code Section 21-2-325, 17-26 relating to the form of ballot labels, and inserting in lieu 17-27 thereof the following: 17-28 "(g) The names of all candidates of a party or body shall 17-29 appear in the same row or column, and no other names shall 17-30 appear in the same row or column. The names of candidates 17-31 and independent candidates shall be arranged under or 17-32 opposite the title of the office for which they are 17-33 candidates and shall appear in the order prescribed by 17-34 subsection (c) and the second sentence of subsection (e) 17-35 of Code Section 21-2-285. The rows or columns occupied by 17-36 the names of the candidates of political parties and 17-37 bodies shall be arranged according to the priority 17-38 prescribed by subsection (c) of Code Section 21-2-285. 17-39 When voting machines are used on which the titles of 17-40 offices are arranged horizontally, the names of all 17-41 candidates for the same office shall appear within the 17-42 same vertical lines. The names of all candidates for the 17-43 office of judge of a state court, judge of a superior H. B. No. 1518 -17- (Index) HB 1518/AP 18- 1 court, Judge of the Court of Appeals, or Justice of the 18- 2 Supreme Court in the nonpartisan election shall appear on 18- 3 a separate portion of the voting machine in the form and 18- 4 arrangement prescribed in Code Section 21-2-285.1 insofar 18- 5 as practicable. At the top of the separate portion shall 18- 6 be printed in prominent type the words 'OFFICIAL 18- 7 NONPARTISAN ELECTION BALLOT.' 18- 8 (h) In primaries, the ballot labels containing the names 18- 9 of candidates seeking nomination by a political party 18-10 shall be segregated on the face of the machine in adjacent 18-11 rows or columns by parties, the priority of such political 18-12 parties on the ballot labels to be determined in the order 18-13 prescribed by subsection (c) of Code Section 21-2-285. In 18-14 nonpartisan primaries, the ballot labels shall include a 18-15 separate portion for the names of candidates seeking 18-16 nomination in a nonpartisan primary for state and county 18-17 judicial offices and the heading and arrangement of such 18-18 candidates shall be as prescribed by Code Section 18-19 21-2-284.1 insofar as practicable. At the top of the 18-20 separate portion shall be printed in prominent type the 18-21 words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' 18-22 (i) In primaries, if it shall be impracticable to place on 18-23 the ballot labels of one machine the names of all 18-24 candidates seeking nomination in all political parties and 18-25 the names of all candidates seeking nomination in a 18-26 nonpartisan primary for state and county judicial offices, 18-27 the superintendent may arrange for the names of all the 18-28 candidates seeking nomination in any one political party 18-29 to be placed on separate voting machines; provided, 18-30 however, that the names of all candidates seeking 18-31 nomination in a nonpartisan primary for state and county 18-32 judicial offices shall appear on all machines." SECTION 17. 18-33 Said title is further amended by striking in its entirety 18-34 subsection (a) of Code Section 21-2-402, relating to voter's 18-35 certificates, and inserting in its place the following: 18-36 "(a) At each primary and election, the Secretary of State 18-37 shall prepare and furnish to each county a suitable number 18-38 of voter's certificates which shall be in substantially 18-39 the following form: H. B. No. 1518 -18- (Index) HB 1518/AP 19- 1 VOTER'S CERTIFICATE 19- 2 I hereby certify that I am qualified to vote at the 19- 3 (primary or election) held on ______________, 19__, and 19- 4 that I have not and will not vote elsewhere in this 19- 5 (primary or election) in my own name or in any other 19- 6 name. I understand that making a false statement on this 19- 7 certificate is a felony under Code Section 21-2-562. Signature __________________ 19- 8 Current Address of Elector residence address of elector: 19- 9 19-10 Name or initials of poll officer receiving voter's 19-11 certificate: ______________________________ 19-12 In case of physical disability or illiteracy, fill out 19-13 the following: 19-14 I hereby certify that the voter is unable to sign his or 19-15 her name by reason of the following: 19-16 __________________________________ Signature of poll officer 19-17 Number of stub of ballot or number of admission to 19-18 voting machine: _______________" SECTION 18. 19-19 Said title is further amended by striking in its entirety 19-20 Code Section 21-2-409, relating to assisting electors who 19-21 cannot read English or who have physical disabilities, and 19-22 inserting in lieu thereof the following: 19-23 "21-2-409. (Index) 19-24 (a) No elector shall receive any assistance in voting at 19-25 any primary or election unless he or she is unable to read 19-26 the English language; or there is recorded upon the 19-27 electors list a reference to his declaration that he or 19-28 she has a physical disability which renders him or her 19-29 unable to see or mark the ballot or operate the voting 19-30 machine or vote recorder or to enter the voting 19-31 compartment or booth without assistance, the exact nature 19-32 of such disability being recorded on the list of electors, 19-33 and unless the poll officers are satisfied that he or she 19-34 still suffers from the same disability; or unless he 19-35 acquired such a physical disability after the time of 19-36 registration and the poll officers are satisfied that he H. B. No. 1518 -19- (Index) HB 1518/AP 20- 1 still suffers therefrom. Except for a blind elector, 20- 2 before an elector shall be permitted to receive 20- 3 assistance, he the elector shall take an oath which shall 20- 4 be administered to him or her and placed in writing by a 20- 5 manager, giving the reason why he the elector requires 20- 6 assistance. The name of each person assisting the elector 20- 7 shall be endorsed on the oath. An elector who declares 20- 8 that by reason of blindness he or she is unable to cast 20- 9 his a vote as he or she wishes and who in the judgment of 20-10 a manager is blind may receive assistance on the basis of 20-11 the blind elector's declaration without the necessity of 20-12 an oath. The name of each person assisting a blind 20-13 elector shall be shown on the declaration. 20-14 (b) Any elector who is entitled to receive assistance in 20-15 voting under this Code section shall be permitted by the 20-16 managers to select (1) any elector, except a poll officer 20-17 or poll watcher, who is a resident of the precinct in 20-18 which the elector requiring assistance is attempting to 20-19 vote; or (2) the mother, father, sister, brother, spouse, 20-20 or child of the elector entitled to receive assistance, to 20-21 enter the voting compartment or booth with him or her to 20-22 assist him in voting, such assistance to be rendered 20-23 inside the voting compartment or booth. No person shall 20-24 assist more than ten such electors in any primary, 20-25 election, or runoff. 20-26 (c) The oaths or declarations of assisted electors shall 20-27 be returned by the chief manager to the superintendent., 20-28 who shall cause the same to be duplicated and deliver the 20-29 original oaths or declarations to the superintendent of 20-30 the county and the duplicates to the board of registrars. 20-31 If such physical disability was acquired after the time of 20-32 registration and if it appears to be permanent, the 20-33 registrars shall record the need for voting assistance on 20-34 subsequent electors lists for as long as the disability 20-35 shall continue. The oaths or declarations of assisted 20-36 electors shall be available in the superintendent's office 20-37 for public inspection." SECTION 19. 20-38 Said title is further amended by striking in its entirety 20-39 Code Section 21-2-496, relating to copies of the 20-40 consolidated return of a primary, and inserting in lieu 20-41 thereof the following: H. B. No. 1518 -20- (Index) HB 1518/AP 21- 1 "21-2-496. (Index) 21- 2 (a) Each superintendent shall prepare four copies of the 21- 3 consolidated return of the primary to be certified by the 21- 4 superintendent on forms furnished by the Secretary of 21- 5 State, such consolidated returns to be filed immediately 21- 6 upon certification as follows: 21- 7 (1) One copy to be posted at the county courthouse for the 21- 8 information of the public; 21- 9 (2) One copy to be filed in the superintendent's office; 21-10 (3) One copy to be forwarded to the Secretary of State, 21-11 together with a copy of each precinct return and a copy of 21-12 the numbered list of voters of each precinct, as well as 21-13 the returns and numbered list of voters for absentee 21-14 electors; and 21-15 (4) One copy to be sealed and filed with the clerk of the 21-16 superior court as required by Code Section 21-2-500. 21-17 (b) The Secretary of State is authorized to provide a 21-18 method by which the election superintendent can file the 21-19 results of primaries and elections electronically. Once 21-20 the Secretary of State provides such a method of filing, 21-21 the election superintendent shall file a copy of the 21-22 election returns electronically in the manner prescribed 21-23 by the Secretary of State in addition to the filing 21-24 provided in subsection (a) of this Code section. The 21-25 Secretary of State is authorized to promulgate such rules 21-26 and regulations as necessary to provide for such an 21-27 electronic filing." SECTION 20. 21-28 Said title is further amended by striking in its entirety 21-29 subsection (b) of Code Section 21-2-501, relating to the 21-30 share of the vote required for nomination in a primary and 21-31 election in a special or general election, runoff elections, 21-32 and officers elected by majority vote, and inserting in its 21-33 place the following: 21-34 "(b) To Except for presidential electors, to be elected to 21-35 public office in a general election, a candidate must 21-36 receive a plurality of the votes cast in an election to 21-37 fill such public office. To be elected to the office of 21-38 presidential electors, no slate of candidates shall be 21-39 required to receive a plurality of the votes cast, but H. B. No. 1518 -21- (Index) HB 1518/AP 22- 1 that slate of candidates shall be elected to such office 22- 2 which receives the highest number of votes cast." SECTION 21. 22- 3 Said title is further amended in Code Section 21-2-540, 22- 4 relating to the conducting of special elections, by striking 22- 5 in its entirety subsection (c) and inserting in lieu thereof 22- 6 the following: 22- 7 "(c)(1) Notwithstanding any other provision of law to 22- 8 the contrary, a special election to present a question 22- 9 to the voters shall be held only on one of the following 22-10 dates which is at least 29 days after the date of the 22-11 call for the special election: 22-12 (A) In odd-numbered years any such special election 22-13 shall only be held on: 22-14 (i) The third Tuesday in March; 22-15 (ii) The third Tuesday in June; 22-16 (iii) The third Tuesday in September; or 22-17 (iv) The Tuesday after the first Monday in November; 22-18 and 22-19 (B) In even-numbered years any such special election 22-20 shall only be held on: 22-21 (i) The third Tuesday in March; provided, however, 22-22 that in the event that a special election is to be 22-23 held under this division in a year in which a 22-24 presidential preference primary is to be held, then 22-25 any such special election shall be held on the date 22-26 of and in conjunction with the presidential 22-27 preference primary; 22-28 (ii) The date of the general primary; 22-29 (iii) The third Tuesday in September; or 22-30 (iv) The Tuesday after the first Monday in November. 22-31 (2) The provisions of this subsection shall not apply 22-32 to: 22-33 (A) Special elections held pursuant to Chapter 4 of 22-34 this title, the 'Recall Act of 1989'; or 22-35 (B) Special primaries or special elections to fill 22-36 vacancies in public offices except as otherwise 22-37 provided in paragraph (3) of this subsection.; or H. B. No. 1518 -22- (Index) HB 1518/AP 23- 1 (C) Special elections held prior to July 1, 1996, 23- 2 which are designed to bring about the approval or 23- 3 rejection of the voters of a proposed question, if the 23- 4 original call for such election is irregular for any 23- 5 reason or the advertisement of such call has not been 23- 6 conducted as required by law. 23- 7 (3) The provisions of this subsection shall apply to 23- 8 special primaries or special elections to fill vacancies 23- 9 in elected county offices. 23-10 (4)(A) This subsection shall not apply to special 23-11 elections under this paragraph. 23-12 (B) In the case of a special election designed to 23-13 bring about the approval or rejection by the voters of 23-14 a proposed question, if the call for such election is 23-15 irregular for any reason or the advertisement of such 23-16 call has not been conducted as required by law, the 23-17 election superintendent may enter an amended order 23-18 providing for a new call for such special election to 23-19 be conducted on any date which is at least 29 days 23-20 after the date of the amended call." SECTION 22. 23-21 Said title is further amended by striking in their entirety 23-22 subsections (a) and (f) of Code Section 21-3-91, relating to 23-23 notices of candidacy, certificates of nomination, 23-24 affidavits, and candidates nominated by petition, and 23-25 inserting in lieu thereof the following: 23-26 "(a) Each candidate, except a candidate nominated by 23-27 nomination petition provided for in subsection (f) of this 23-28 Code section, or a designee shall file a notice of 23-29 candidacy in the office of the municipal superintendent of 23-30 such candidate's municipality: 23-31 (1) In the case of a general election held in an 23-32 odd-numbered year, no earlier than 8:30 A.M. on the 23-33 second Monday in September immediately preceding the 23-34 general election and no later than 4:30 P.M. on the 23-35 following Friday; 23-36 (2) In the case of a general election held in an 23-37 even-numbered year, no earlier than 8:30 A.M. on the 23-38 last Monday in August immediately preceding the general 23-39 election and no later than 4:30 P.M. on the following 23-40 Friday; and H. B. No. 1518 -23- (Index) HB 1518/AP 24- 1 (3) In the case of a special election, not earlier than 24- 2 the date of the call and at least 25 days prior to the 24- 3 election. 24- 4 The hours of qualifying each day shall be from 8:30 A.M. 24- 5 until 4:30 P.M. with one hour allowed for the lunch break; 24- 6 provided, however, that municipalities which have normal 24- 7 business hours which cover a lesser period of time shall 24- 8 conduct qualifying during normal business hours for each 24- 9 such municipality. If a run-off primary is held, each 24-10 candidate nominated therein or a designee shall file a 24-11 notice of candidacy with the municipal superintendent 24-12 within three days after the holding of such primary, 24-13 irrespective of such three-day period's exceeding a 24-14 qualification deadline prescribed in this subsection. 24-15 Notice of the opening and closing dates and the hours for 24-16 candidates to qualify shall be published at least two 24-17 weeks prior to the opening of the qualifying period." 24-18 "(f) In the case of candidates nominated by nomination 24-19 petition pursuant to Code Section 21-3-100, the last date 24-20 for filing notice of candidacy shall be the same as the 24-21 last date for filing for party nomination as provided in 24-22 subsection (a) of Code Section 21-3-98, or, in the event a 24-23 nonpartisan primary election is held, the last date for 24-24 filing notice of candidacy by nomination petition shall be 24-25 the same as the last date for filing notice of candidacy 24-26 for the nonpartisan primary as provided in Code Section 24-27 21-3-103. A notice of candidacy by a nominating petition 24-28 shall be accompanied by the nominating petition." SECTION 23. 24-29 Said title is further amended by striking in their entirety 24-30 subsections (b), (c), and (e) of Code Section 21-3-123, 24-31 relating to deadlines for registration applications, voting 24-32 in primaries, the official list of electors, the inactive 24-33 list of electors, the municipal electors list, and the 24-34 procedure for correcting the list of electors, and inserting 24-35 in lieu thereof the following: 24-36 "(b) If any person whose name is not on the list of 24-37 registered electors maintained by the Secretary of State 24-38 under Article 6 of Chapter 2 of this title desires to vote 24-39 at any municipal special primary or special election, such 24-40 person shall make application as provided in Article 6 of 24-41 Chapter 2 of this title no later than the close of 24-42 business on the fifth day after the date of the call for H. B. No. 1518 -24- (Index) HB 1518/AP 25- 1 the special primary or special election, excluding 25- 2 Saturdays, Sundays, and legal holidays of this state; 25- 3 except that: 25- 4 (1) If such special primary or special election is held 25- 5 in conjunction with a general primary or general 25- 6 election held under Chapter 2 of this title or this 25- 7 chapter or a presidential preference primary held under 25- 8 Chapter 2 of this title, the registration deadline for 25- 9 such special primary or special election shall be the 25-10 same as the registration deadline for the general 25-11 primary, general election, or presidential preference 25-12 primary in conjunction with which the special primary or 25-13 special election is being conducted; or 25-14 (2) If such special primary or special election is not 25-15 held in conjunction with a general primary or general 25-16 election held under Chapter 2 of this title or this 25-17 chapter or a presidential preference primary held under 25-18 Chapter 2 of this title, but is held on one of the dates 25-19 specified in Code Section 21-2-540 21-3-52 for the 25-20 conduct of special elections to present a question to 25-21 the voters or special primaries or elections to fill 25-22 vacancies in elected county municipal offices, the 25-23 registration deadline for such a special primary or 25-24 election shall be at the close of business on the 25-25 thirty-first day fifth Monday prior to the date of the 25-26 special primary or election or, if such thirty-first day 25-27 Monday is a legal holiday, by the close of business on 25-28 the following business day. 25-29 (c) Mail voter registration applications shall be deemed 25-30 to have been made as of the date of the postmark affixed 25-31 to such application by the United States Postal Service 25-32 or, if no such postmark is affixed or if the postmark 25-33 affixed by the United States Postal Service is illegible 25-34 or bears no date, such application shall be deemed to have 25-35 been made timely if received through the United States 25-36 mail by the Secretary of State no later than the close of 25-37 business on the fourth Friday prior to a general primary, 25-38 general election, presidential preference primary, or 25-39 special primary or special election held in conjunction 25-40 with a general primary, general election, or presidential 25-41 preference primary, or special primary or special election 25-42 held on one of the dates specified in Code Section 21-3-52 25-43 for the conduct of special elections to present questions 25-44 to the voters or special primaries or elections to fill H. B. No. 1518 -25- (Index) HB 1518/AP 26- 1 vacancies in elected municipal offices or no later than 26- 2 the close of business on the ninth day after the date of 26- 3 the call, excluding Saturdays, Sundays, and legal holidays 26- 4 of this state, for all other special primaries and special 26- 5 elections." 26- 6 "(e) The county board of registrars shall deliver to the 26- 7 chief registrar of the municipality, upon a basis mutually 26- 8 agreed upon between the county board of registrars and the 26- 9 governing authority of the municipality, a copy of the 26-10 list of electors for the municipality for the primary or 26-11 election. Such list shall be delivered at least 14 days 26-12 prior to such primary or election for the purpose of 26-13 permitting the chief registrar of the municipality to 26-14 check the accuracy of the list and to challenge the 26-15 disqualified. The municipal registrar shall, upon receipt 26-16 of the county registration list, or as soon as practicable 26-17 thereafter but in no event later than five days prior to 26-18 such primary or election, purge such list of the names of 26-19 all persons who will not be qualified to vote at such 26-20 primary or election. In addition, the county board of 26-21 registrars shall provide a list of inactive electors for 26-22 the municipality. The municipal registrar shall certify 26-23 such lists and file with the city clerk a copy showing the 26-24 names of electors entitled to vote at such primary or 26-25 election." SECTION 24. 26-26 Said title is further amended by striking in its entirety 26-27 subsection (a) of Code Section 21-3-311, relating to voter's 26-28 certificates, and inserting in its place the following: 26-29 "(a) At each primary and election, each superintendent 26-30 shall prepare a suitable number of voter's certificates, 26-31 which shall be in substantially the following form: 26-32 VOTER'S CERTIFICATE 26-33 I hereby certify that I am qualified to vote at the 26-34 (primary or election) held on ______________, 19__, and 26-35 that I have not and will not vote elsewhere in this 26-36 (primary or election). Signature _______________ 26-37 Current residence address of elector: 26-38 H. B. No. 1518 -26- (Index) HB 1518/AP 27- 1 Name or initials of poll officer receiving voter's 27- 2 certificate: 27- 3 In case of physical disability or illiteracy, fill out 27- 4 the following: 27- 5 I hereby certify that the voter is unable to sign his 27- 6 or her name by reason of the following: 27- 7 _________________________ Signature of poll officer 27- 8 Number of stub of ballot or number of admission to 27- 9 voting machine: _______________" SECTION 25. 27-10 Said title is further amended by striking in their entirety 27-11 subsections (b) and (e) of Code Section 21-3-161.1, relating 27-12 to boundary and filing requirements for voting precincts 27-13 established or altered on or after a specific date, and 27-14 redesignating the remaining subsections, so that said Code 27-15 section shall read as follows: 27-16 "21-3-161.1. (Index) 27-17 (a) All voting precincts established or altered on or 27-18 after April 15, 1994, shall consist of areas which are 27-19 bounded on all sides only by: 27-20 (1) Visible features which are readily distinguishable 27-21 upon the ground (such as streets, railroad tracks, 27-22 streams, lakes, and ridges) and which are indicated upon 27-23 official Department of Transportation maps, current 27-24 census maps, city or county planning maps, official 27-25 municipal maps, official county maps, or any combination 27-26 of such maps; 27-27 (1.1) The boundaries of public parks; 27-28 (1.2) The boundaries of public school grounds; 27-29 (1.3) The boundaries of churches; or 27-30 (2) The boundaries of counties and incorporated 27-31 municipalities. 27-32 (b) No later than January 1, 1984, unless a waiver 27-33 extending such deadline to January 1, 1986, is granted by 27-34 the Secretary of State, the governing authority shall move 27-35 the boundaries of all precincts so that they conform to H. B. No. 1518 -27- (Index) HB 1518/AP 28- 1 the requirements of subsection (a) of this Code section 28- 2 and continue to promote the convenience of electors and 28- 3 the public interests. The governing authority shall within 28- 4 30 days prior to the establishment of any new boundaries 28- 5 required to conform with subsection (a) of this Code 28- 6 section publish a notice of such changes once a week for 28- 7 two weeks in the county organ and post a conspicuous 28- 8 notice of such changes in at least five public and 28- 9 conspicuous places in each affected precinct. At least one 28-10 such notice shall be posted at or in the immediate 28-11 vicinity of the polling place in each affected precinct. 28-12 Each notice shall state the date upon which adoption of 28-13 such changes is proposed to be made and shall direct 28-14 interested persons to address their comments or questions 28-15 to the superintendent. 28-16 (c) The governing authority shall notify the board of 28-17 registrars within ten days after such changes are adopted. 28-18 (d)(c) Not later than February 1, 1984, unless a waiver 28-19 extending such deadline to February 1, 1986, has been 28-20 granted by the Secretary of State, each governing 28-21 authority shall file with the Secretary of State a current 28-22 copy of a map of all precincts in the municipality. 28-23 Thereafter the governing authority shall file with the 28-24 Secretary of State: 28-25 (1) A map reflecting any changes in precincts within 20 28-26 days after the changes are made; 28-27 (2) A copy of any communications to or from the United 28-28 States Department of Justice relating to any precincts 28-29 within 20 days after such communication is sent or 28-30 received; 28-31 (3) A copy of any pleading initiating a court action 28-32 potentially affecting any precincts within 30 days after 28-33 it is filed; 28-34 (4) A copy of any court order affecting any precincts 28-35 within 20 days after it is entered; and 28-36 (5) Any other documentation necessary to allow the 28-37 Secretary of State to maintain a current listing of all 28-38 precincts in the state. 28-39 (e) The Secretary of State shall be authorized to waive 28-40 and postpone the effective dates of compliance as provided 28-41 in subsections (b) and (d) of this Code section with H. B. No. 1518 -28- (Index) HB 1518/AP 29- 1 respect to any governing authority if compliance by such 29- 2 dates would cause an undue hardship." SECTION 26. 29- 3 Said title is further amended by striking in its entirety 29- 4 subsection (b) of Code Section 21-3-318, relating to 29- 5 assisting electors who cannot read English or who have 29- 6 physical disabilities, and inserting in its place the 29- 7 following: 29- 8 "(b) The oaths or declarations of assisted electors shall 29- 9 be returned by the chief manager to the superintendent., 29-10 who shall cause the same to be duplicated and deliver the 29-11 original oaths or declarations to the superintendent of 29-12 the county within which the municipality is located and 29-13 the duplicates to the registrars. If such physical 29-14 disability was acquired after the time of registration and 29-15 if it appears to be permanent, the registrars shall record 29-16 the need for voting assistance on subsequent lists of 29-17 electors for as long as the disability shall continue. The 29-18 oaths or declarations of assisted electors shall be 29-19 available in the superintendent's office for public 29-20 inspection." SECTION 27. 29-21 This Act shall become effective upon its approval by the 29-22 Governor or upon its becoming law without such approval. SECTION 28. 29-23 All laws and parts of laws in conflict with this Act are 29-24 repealed. H. B. No. 1518 -29- (Index)

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