HB 789 - Oglethorpe County; probate court judge; nonpartisan

Georgia House of Representatives - 1995/1996 Sessions

HB 789 - Oglethorpe County; probate court judge; nonpartisan

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1. McCall  90th

House Comm: LLeg / Senate Comm: SLGO / House Vote: Yeas 93 Nays 7 Senate Vote: Yeas 50 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 2/17/95 Read 1st Time 2/22/95 2/20/95 Read 2nd Time 2/21/95 Favorably Reported 3/6/95 2/21/95 Read 3rd Time 2/21/95 Passed/Adopted 3/6/95 3/31/95 Sent to Governor 4/5/95 Signed by Governor 223 Act/Veto Number 4/5/95 Effective Date ---------------------------------------- Code Sections amended:
HB 789 LC 9 8227 A BILL TO BE ENTITLED AN ACT 1- 1 To provide for the nonpartisan nomination and election of 1- 2 the judge of the Probate Court of Oglethorpe County; to 1- 3 provide for the requirements and procedures of the 1- 4 nonpartisan nomination and election; to provide for other 1- 5 matters relative to the foregoing; to provide for an 1- 6 effective date; to repeal conflicting laws; and for other 1- 7 purposes. 1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1- 9 The judge of the Probate Court of Oglethorpe County shall be 1-10 elected by the qualified voters of Oglethorpe County in a 1-11 nonpartisan primary and election. Except as otherwise 1-12 provided in this Act, the judge of the probate court shall 1-13 be elected pursuant to the general election laws of Georgia. SECTION 2. 1-14 Beginning January 1, 1996, and every four years thereafter, 1-15 the judge of the probate court shall be elected at the 1-16 nonpartisan primary and general election immediately 1-17 preceding the expiration of the term of office of the judge 1-18 of the probate court. SECTION 3. 1-19 A candidate for the office of judge of the probate court 1-20 shall be nominated in a nonpartisan primary to be held at 1-21 the same time as and in conjunction with the general primary 1-22 every four years. A nominating petition shall not be 1-23 required to place the name of any such candidate on the 1-24 primary ballot. A candidate may have his or her name placed 1-25 on the primary ballot by filing a notice of candidacy with 1-26 the county election superintendent and by paying the 1-27 qualifying fee. -1- (Index) LC 9 8227 SECTION 4. 2- 1 The candidate receiving a majority of votes in the 2- 2 nonpartisan primary shall be the nominee for the office of 2- 3 judge of the probate court and shall be the only candidate 2- 4 for such office to have his or her name appear on the 2- 5 general election ballot. In the event no candidate receives 2- 6 a majority of the votes cast, the two candidates receiving 2- 7 the highest number of votes for the office shall be in a 2- 8 runoff to be held on the same day as a runoff from the 2- 9 general primary, as provided by state law, to determine 2-10 which candidate will be on the general election ballot. SECTION 5. 2-11 The name of all candidates for the office of judge of the 2-12 probate court shall appear in a separate section of each 2-13 primary and general election ballot of each elector. No 2-14 party designation or affiliation shall appear beside the 2-15 name of any such candidate on any primary or general 2-16 election ballot, and no candidate for the office of judge of 2-17 the probate court shall be nominated by any political party. SECTION 6. 2-18 This Act shall become effective upon its approval by the 2-19 Governor or upon its becoming law without such approval. SECTION 7. 2-20 All laws and parts of laws in conflict with this Act are 2-21 repealed. -2- (Index)

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