HB 1129 - Special election to present question; time for holding

First Reader Summary

A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to permit a special election to present a question to the voters to be held on the date of a local election in certain circumstances; and for other purposes.

Everett, Doug (163rd) Dukes, Winfred (161st) Roberts, Lawrence R (162nd)
Bridges, Sr., Ben D (9th)
Status Summary HC: GAff SC: LA: 01/15/98 H - Read 2nd Time
Page Numbers - 1/ 2/ 3
House Action Senate
1/14/98 Read 1st Time
1/15/98 Read 2nd Time

HB 1129                                            LC 22 2850 
 
 
 
 
 
 
                        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 permit a special election to 
  1- 3  present a question to the voters to be held on the date of a 
  1- 4  local election in certain circumstances; to repeal 
  1- 5  conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Title 21 of the Official Code of Georgia Annotated, relating 
  1- 9  to elections, is amended by striking in its entirety 
  1-10  subsection (c) of Code Section 21-2-540, relating to the 
  1-11  conduct of special elections, and inserting in its place the 
  1-12  following: 
 
  1-13      "(c)(1) Notwithstanding any other provision of law to 
  1-14      the contrary, a special election to present a question 
  1-15      to the voters or a special primary or special election 
  1-16      to fill a vacancy in a county office shall be held only 
  1-17      on one of the following dates which is at least 29 days 
  1-18      after the date of the call for the special election: 
 
  1-19        (A) In odd-numbered years any such special election 
  1-20        shall only be held on: 
 
  1-21          (i) The third Tuesday in March; 
 
  1-22          (ii) The third Tuesday in June; 
 
  1-23          (iii) The third Tuesday in September; or 
 
  1-24          (iv) The Tuesday after the first Monday in November; 
  1-25          and or 
 
  1-26          (v) The date of a local primary or election which 
  1-27          occurs 45 days prior to or 45 days following a date 
  1-28          set out in division (i), (ii), (iii), or (iv) of 
  1-29          this subparagraph; and 
 
  1-30        (B) In even-numbered years any such special election 
  1-31        shall only be held on: 
 
 
 
                                 -1- 
 
 
 
  2- 1          (i) The third Tuesday in March; provided, however, 
  2- 2          that in the event that a special election is to be 
  2- 3          held under this division in a year in which a 
  2- 4          presidential preference primary is to be held, then 
  2- 5          any such special election shall be held on the date 
  2- 6          of and in conjunction with the presidential 
  2- 7          preference primary; 
 
  2- 8          (ii) The date of the general primary; 
 
  2- 9          (iii) The third Tuesday in September; or 
 
  2-10          (iv) The Tuesday after the first Monday in 
  2-11          November.; or 
 
  2-12          (v) The date of a local primary or election which 
  2-13          occurs 45 days prior to or 45 days following a date 
  2-14          set out in division (i), (ii), (iii), or (iv) of 
  2-15          this subparagraph. 
 
  2-16      (2) The provisions of this subsection shall not apply 
  2-17      to: 
 
  2-18        (A) Special elections held pursuant to Chapter 4 of 
  2-19        this title, the 'Recall Act of 1989,' to recall a 
  2-20        public officer or to fill a vacancy in a public office 
  2-21        caused by a recall election; 
 
  2-22        (B) Special primaries or special elections to fill 
  2-23        vacancies in federal or state public offices." 
 
  2-24                           SECTION 2. 
 
  2-25  Said title is further amended by striking in its entirety 
  2-26  subsection (c) of Code Section 21-3-52, relating to 
  2-27  municipal special elections, dates of special elections, the 
  2-28  time interval between the call and holding the special 
  2-29  primary or election, and ballots, and inserting in lieu 
  2-30  thereof the following: 
 
  2-31      "(c)(1) Notwithstanding any other provision of law to 
  2-32      the contrary, a special election to present a question 
  2-33      to the voters shall be held only on one of the following 
  2-34      dates which is at least 29 days after the date of the 
  2-35      call for the special election: 
 
  2-36        (A) In odd-numbered years any such special election 
  2-37        shall only be held on: 
 
  2-38          (i) The third Tuesday in March; 
 
  2-39          (ii) The third Tuesday in June; 
 
 
 
                                 -2- 
 
 
 
  3- 1          (iii) The third Tuesday in September; or 
 
  3- 2          (iv) The Tuesday after the first Monday in November; 
  3- 3          and or 
 
  3- 4          (v) The date of a local primary or election which 
  3- 5          occurs 45 days prior to or 45 days following a date 
  3- 6          set out in division (i), (ii), (iii), or (iv) of 
  3- 7          this subparagraph; and 
 
  3- 8        (B) In even-numbered years any such special election 
  3- 9        shall only be held on: 
 
  3-10          (i) The third Tuesday in March; provided, however, 
  3-11          that in the event that a special election is to be 
  3-12          held under this division in a year in which a 
  3-13          presidential preference primary is to be held, then 
  3-14          any such special election shall be held on the date 
  3-15          of and in conjunction with the presidential 
  3-16          preference primary; 
 
  3-17          (ii) The date of the general primary; 
 
  3-18          (iii) The third Tuesday in September; or 
 
  3-19          (iv) The Tuesday after the first Monday in November 
  3-20          or 
 
  3-21          (v) The date of a local primary or election which 
  3-22          occurs 45 days prior to or 45 days following a date 
  3-23          set out in division (i), (ii), (iii), or (iv) of 
  3-24          this subparagraph. 
 
  3-25      (2) The provisions of this subsection shall not apply 
  3-26      to: 
 
  3-27        (A) Special elections held pursuant to Chapter 4 of 
  3-28        this title, the 'Recall Act of 1989'; or 
 
  3-29        (B) Special primaries or special elections to fill 
  3-30        vacancies in public offices except as otherwise 
  3-31        provided in paragraph (3) of this subsection. 
 
  3-32        (3) The provisions of this subsection shall apply to 
  3-33        special primaries or special elections to fill 
  3-34        vacancies in municipal elected offices." 
 
  3-35                           SECTION 3. 
 
  3-36  All laws and parts of laws in conflict with this Act are 
  3-37  repealed. 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

Body>