HB 909 - Carroll County; board of elections; provisions

First Reader Summary

A BILL to provide for the Carroll County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent; and for other purposes.

Stallings, Tracy (100th) West, Jack (101st)
Status Summary HC: LLeg SC: SLGO LA: 04/29/97 Signed by Governor
Page Numbers - 1/ 2/ 3/ 4
House Action Senate
3/6/97 Read 1st Time 3/13/97
3/7/97 Read 2nd Time
3/11/97 Favorably Reported 3/17/97
3/11/97 Read 3rd Time
3/11/97 Passed/Adopted 3/17/97
4/14/97 Sent to Governor
4/29/97 Signed by Governor
462 Act/Veto Number
1/1/98 Effective Date

HB 909                                             LC 22 2655 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To provide for the Carroll County Board of Elections and 
  1- 2  provide that it will succeed to the powers and duties of 
  1- 3  another board of elections and of the election 
  1- 4  superintendent; to provide for the appointment and 
  1- 5  qualifications of its members; to provide for its initial 
  1- 6  and subsequent membership and terms; to provide for a 
  1- 7  chairperson; to provide for compensation of the chairperson 
  1- 8  and members of the board; to provide for powers and duties 
  1- 9  of the board; to provide for board organization and 
  1-10  regulations; to provide for the expenditure of public funds 
  1-11  by the board; to provide for offices, supplies, and staff; 
  1-12  to provide for authority; to require certain submissions; to 
  1-13  provide an effective date; to provide for automatic repeal 
  1-14  in specified circumstances; to repeal conflicting laws; and 
  1-15  for other purposes. 
 
  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-17                           SECTION 1. 
 
  1-18  There is created in and for Carroll County the Carroll 
  1-19  County Board of Elections which shall succeed to all the 
  1-20  powers and duties of that board of elections established in 
  1-21  and for counties having a population of not less than 45,000 
  1-22  and not more than 50,000, according to the 1970 United 
  1-23  States decennial census or any future such census pursuant 
  1-24  to an Act approved March 28, 1974 (Ga. L. 1974, p. 3556), as 
  1-25  amended.  The Carroll County Board of Elections so created, 
  1-26  sometimes referred to in this Act as the "board," is 
  1-27  empowered with the powers and duties of the election 
  1-28  superintendent relating to the conduct of primaries and 
  1-29  elections. 
 
  1-30                           SECTION 2. 
 
  1-31  The board shall be composed of five members, each of whom 
  1-32  shall be an elector and resident of Carroll County, and 
  1-33  shall be appointed by the judge of the superior court of the 
  1-34  Coweta Judicial Circuit who is a resident of Carroll County, 
 
 
 
                                 -1- 
 
 
 
  2- 1  Georgia, or in the event there shall be more than one such 
  2- 2  judge, the judge of the superior court of the Coweta 
  2- 3  Judicial Circuit who is a resident of Carroll County who has 
  2- 4  served on the bench for the longest continuous period, or in 
  2- 5  the event there is no judge of the superior court of the 
  2- 6  Coweta Judicial Circuit who is a resident of Carroll County, 
  2- 7  the chief judge of the superior court of the Coweta Judicial 
  2- 8  Circuit.  The judge shall make the appointments from a list 
  2- 9  of three candidates for each of the positions of membership 
  2-10  on the board which shall be submitted to the judge by the 
  2-11  grand jury of Carroll County which convenes immediately 
  2-12  prior to the expiration of the respective term of office. 
  2-13  In appointing members to the board, the judge of the 
  2-14  superior court shall make appointments so that there shall 
  2-15  be at all times on the board a representative of each of the 
  2-16  political parties or bodies whose candidate for Governor in 
  2-17  the immediately preceding gubernatorial election received 
  2-18  the two largest number of votes for the office of Governor. 
 
  2-19                           SECTION 3. 
 
  2-20  (a) The initial members of the Carroll County Board of 
  2-21  Elections created by this Act shall be those persons who are 
  2-22  serving on the effective date of this Act as members of  the 
  2-23  board of elections which was created in and for counties 
  2-24  having a population of not less than 45,000 and not more 
  2-25  than 50,000, according to the 1970 United States decennial 
  2-26  census or any future such census pursuant to an Act approved 
  2-27  March 28, 1974 (Ga. L. 1974, p. 3556), as amended. Each such 
  2-28  member shall serve the term for which appointed under said 
  2-29  1974 Act. 
 
  2-30  (b) Successors and future successors shall be appointed in 
  2-31  the manner described in Section 2 of this Act and shall 
  2-32  serve for terms of office of five years each and until their 
  2-33  successors are duly appointed and qualified. 
 
  2-34                           SECTION 4. 
 
  2-35  The board shall elect one of its members to serve as 
  2-36  chairperson for a term of two years. 
 
  2-37                           SECTION 5. 
 
  2-38  Compensation for the chairperson and members of the board 
  2-39  shall be such as may be fixed by the governing authority of 
  2-40  Carroll County. 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 6. 
 
  3- 2  The board shall have the following powers and duties: 
 
  3- 3      (1) It shall succeed to and exercise all of the duties 
  3- 4      granted to and incumbent upon the election 
  3- 5      superintendent of Carroll County pursuant to the 
  3- 6      provisions of Title 21 of the O.C.G.A., as now or 
  3- 7      hereafter amended, and any other provision of law; 
 
  3- 8      (2) It shall formulate, adopt, and promulgate rules and 
  3- 9      regulations consistent with law and with the rules and 
  3-10      regulations of the state executive committee of each 
  3-11      political party governing the conduct of primaries to 
  3-12      the end that, insofar as practicable, all primaries 
  3-13      shall be uniformly conducted by the board, poll workers 
  3-14      shall be properly trained, and voters shall be 
  3-15      adequately informed and instructed.  Any rule or 
  3-16      regulation promulgated by a county executive committee 
  3-17      under the provisions of Code Section 21-2-111 of the 
  3-18      O.C.G.A., relating to the conduct of primaries, shall be 
  3-19      null and void if in conflict with a valid rule or 
  3-20      regulation of the board; and 
 
  3-21      (3) It shall be responsible for the selection, 
  3-22      appointment, and training of poll workers in elections, 
  3-23      and such workers shall be appointed, insofar as 
  3-24      practicable, from lists provided to the board by the 
  3-25      county executive committee of each political party. 
 
  3-26                           SECTION 7. 
 
  3-27  The board shall be authorized and empowered to organize 
  3-28  itself, determine its procedural rules and regulations, 
  3-29  adopt bylaws, specify the functions and duties of its 
  3-30  employees, and otherwise take such action as is appropriate 
  3-31  to the management of the affairs committed to its 
  3-32  supervision; provided, however, that no such action shall be 
  3-33  in conflict with any other provision of law. 
 
  3-34                           SECTION 8. 
 
  3-35  With the consent of the governing authority of Carroll 
  3-36  County, the board shall be authorized to expend public funds 
  3-37  for the purpose of distributing sample ballots, voter 
  3-38  information booklets, and other material designed to inform 
  3-39  and instruct adequately electors of the county with regard 
  3-40  to elections. 
 
 
 
 
                                 -3- 
 
 
 
  4- 1                           SECTION 9. 
 
  4- 2  The governing authority of Carroll County shall provide the 
  4- 3  board with such proper and suitable offices and with such 
  4- 4  clerical assistants and other employees as the governing 
  4- 5  authority shall deem appropriate. 
 
  4- 6                          SECTION 10. 
 
  4- 7  This Act is enacted pursuant to the authority granted by 
  4- 8  Code Section 21-2-40 of the O.C.G.A. to create boards of 
  4- 9  election and registration by local Act. 
 
  4-10                          SECTION 11. 
 
  4-11  It shall be the duty of the governing authority of Carroll 
  4-12  County to require the attorney therefor to submit this Act, 
  4-13  pursuant to Section 5 of the federal Voting Rights Act of 
  4-14  1965, to the United States Attorney General for approval. 
 
  4-15                          SECTION 12. 
 
  4-16  This Act shall become effective on January 1, 1998, but only 
  4-17  if an Act repealing an Act creating a board of elections in 
  4-18  counties having a population of not less than 45,000 and not 
  4-19  more than 50,000, according to the 1970 United States 
  4-20  decennial census or any future such census, approved March 
  4-21  28, 1974 (Ga. L. 1974, p. 3556), as amended, becomes 
  4-22  effective on January 1, 1998. Otherwise, this Act shall 
  4-23  stand repealed on January 1, 1998, and shall be void and of 
  4-24  no effect. 
 
  4-25                          SECTION 13. 
 
  4-26  All laws and parts of laws in conflict with this Act are 
  4-27  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4- 

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

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