HB 159 - Elections; persons in arrears on taxes; prohibit eligibility

First Reader Summary

A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person who is in arrears on any state or local taxes, fees, or assessments shall be eligible for election to public office in state, county, or municipal elections; and for other purposes.

Everett, Doug (163rd) Irvin, Robert A (45th) Ehrhart, Earl (36th)
Pinholster, Garland (15th)
Status Summary HC: GAff SC: LA: 01/17/97 H - Read 2nd Time
Page Numbers - 1/ 2
Code Sections - 21-2-8/ 21-3-5
Recorded Votes
House Action Senate
1/16/97 Read 1st Time
1/17/97 Read 2nd Time

HB 159                                             LC 22 2437 
 
 
 
 
 
 
                        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 that no person who 
  1- 3  is in arrears on any state or local taxes, fees, or 
  1- 4  assessments shall be eligible for election to public office 
  1- 5  in state, county, or municipal elections; to provide 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: 
 
  1- 9                           SECTION 1. 
 
  1-10  Title 21 of the Official Code of Georgia Annotated, relating 
  1-11  to elections, is amended by striking in its entirety Code 
  1-12  Section 21-2-8, relating to eligibility for party nomination 
  1-13  or election to public office, and inserting in lieu thereof 
  1-14  the following: 
 
  1-15    "21-2-8. 
 
  1-16    No person shall be eligible for party nomination for or 
  1-17    election to public office, nor shall he or she perform any 
  1-18    official acts or duties as a superintendent, registrar, 
  1-19    deputy registrar, poll officer, or party officer, as set 
  1-20    forth in this chapter, in connection with any election or 
  1-21    primary held under this chapter, if under the laws of this 
  1-22    state, any other state, or the United States he or she has 
  1-23    been convicted and sentenced, in any court of competent 
  1-24    jurisdiction, for fraudulent violation of primary or 
  1-25    election laws, malfeasance in office, or any felony 
  1-26    involving moral turpitude, unless such person's civil 
  1-27    rights have been restored, or if such person is in arrears 
  1-28    in the payment of any tax, fee, or assessment levied by 
  1-29    the state or any political subdivision of the state and 
  1-30    the time for protest or appeal of such levy has passed. In 
  1-31    the event of the disqualification of the superintendent as 
  1-32    described in this Code section, the clerk of the superior 
  1-33    court shall act in his or her stead." 
 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 2. 
 
  2- 2  Said title is further amended by striking in its entirety 
  2- 3  Code Section 21-3-5, relating to eligibility for municipal 
  2- 4  offices, and inserting in lieu thereof the following: 
 
  2- 5    "21-3-5. 
 
  2- 6    No person shall be eligible for party nomination for or 
  2- 7    election to municipal office, nor shall he or she perform 
  2- 8    any official acts or duties as a superintendent, 
  2- 9    registrar, deputy registrar, poll officer, or party 
  2-10    officer, as set forth in  this chapter, in connection with 
  2-11    any election or primary held under this chapter, if under 
  2-12    the laws of this state, any other state, or the United 
  2-13    States he or she has been convicted and sentenced, in any 
  2-14    court of competent jurisdiction, for fraudulent violation 
  2-15    of primary or election laws, malfeasance in office, or any 
  2-16    felony involving moral turpitude, unless such person's 
  2-17    civil rights have been restored, or if such person is in 
  2-18    arrears in the payment of any tax, fee, or assessment 
  2-19    levied by the state or any political subdivision of the 
  2-20    state and the time for protest or appeal of such levy has 
  2-21    passed." 
 
  2-22                           SECTION 3. 
 
  2-23  Notwithstanding the provisions of Code Section 1-3-4.1, this 
  2-24  Act shall become effective upon its approval by the Governor 
  2-25  or upon its becoming law without such approval. 
 
  2-26                           SECTION 4. 
 
  2-27  All laws and parts of laws in conflict with this Act are 
  2-28  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

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

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