|HB 976 - Hancock County; board of elections and registration; create|
First Reader Summary
A BILL to create a board of elections and registration for
Hancock County; and for other purposes.
Page Numbers -
||Read 1st Time
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HB 976 LC 26 0341
A BILL TO BE ENTITLED
1- 1 To create a board of elections and registration for Hancock
1- 2 County; to define the powers and duties of the board
1- 3 concerning primaries and elections; to provide a method for
1- 4 appointment, resignation, and removal of members of the
1- 5 board; to provide for qualifications and terms of members of
1- 6 the board; to provide for powers and duties of the board; to
1- 7 provide for board organization and regulation; to provide
1- 8 for the expenditure of public funds by the board; to relieve
1- 9 the election superintendent and the board of registrars of
1-10 certain powers and duties; to provide for board contracts;
1-11 to provide for definitions; to provide for a chair, clerical
1-12 assistants, and other employees; to provide for compensation
1-13 for such persons and the members of the board; to require
1-14 certain submissions; to provide an effective date; to repeal
1-15 conflicting laws; and for other purposes.
1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-17 SECTION 1.
1-18 There is created a board of elections and registration for
1-19 Hancock County which shall have jurisdiction over the
1-20 conduct of primaries and elections in Hancock County.
1-21 SECTION 2.
1-22 (a) The board of elections and registration shall be
1-23 composed of five members, each of whom shall be an elector
1-24 and resident of the county, and who shall be appointed by
1-25 the grand jury of Hancock County. The initial members of
1-26 said board shall be appointed as follows by the grand jury
1-27 in session at the time of approval of this Act by the
1-28 Governor: one member shall be appointed from a list of three
1-29 nominees submitted by the Democratic Party of Hancock
1-30 County; one member shall be appointed from a list of three
1-31 nominees submitted by the Republican Party of Hancock
1-32 County; one member shall be appointed from a list of three
1-33 nominees submitted by the Board of Commissioners of Hancock
1-34 County; one member shall be appointed from a list of three
2- 1 nominees submitted by the Board of Education of Hancock
2- 2 County, and one member shall be appointed from a list of
2- 3 three nominees submitted by the governing authority of the
2- 4 City of Sparta. All nominees shall have the qualifications
2- 5 of registrars and deputy registrars as provided by law.
2- 6 Succeeding members of said board shall be appointed by the
2- 7 last regularly scheduled grand jury convening preceding the
2- 8 date on which such member is to take office. In the event of
2- 9 a failure of one or more of the nominating entities to make
2-10 nominations, the members otherwise selected by the grand
2-11 jury shall submit the names of three nominees to the grand
2-12 jury in lieu of the three nominees to have been submitted by
2-13 each such entity.
2-14 (b) Initial appointments to the Hancock County Board of
2-15 Elections and Registration shall be made as soon as is
2-16 practicable after the effective date of this Act, and
2-17 members appointed for these initial terms shall serve until
2-18 December 31, 1998; thereafter, appointees to the board shall
2-19 serve for four-year terms. All appointees shall serve until
2-20 the appointment and qualification of their respective
2-22 (c) Subsequent boards shall be composed of members who shall
2-23 be appointed in the manner described in subsection (a) of
2-24 this section for the appointment of initial members and
2-25 shall serve for terms of office of four years each beginning
2-26 on the first day of January immediately following the
2-27 expiration of such member's respective predecessor's term of
2-28 office and until a successor is appointed and qualified.
2-29 (d) The board shall take no action until all members have
2-30 been certified to the clerk of the superior court.
2-31 SECTION 3.
2-32 No person who holds elective public office shall be eligible
2-33 to serve as a member of the board during the term of such
2-34 elective office, and the position of any member of the board
2-35 shall be deemed vacant upon such member's qualifying as a
2-36 candidate for elective public office.
2-37 SECTION 4.
2-38 The appointment of each member of the board shall be made as
2-39 a part of the presentment returned by the grand jury making
2-40 said appointment. Said presentment shall state the name and
2-41 residential address of the person appointed. The clerk of
2-42 the superior court shall certify the name of each such
3- 1 appointed member to the Secretary of State and provide for
3- 2 the issuance of an appropriate commission to each member of
3- 3 the board within the same time and in the same manner as
3- 4 provided by law for registrars.
3- 5 SECTION 5.
3- 6 Each member of the board shall be eligible for successive
3- 7 terms; provided, however, that he or she is nominated for
3- 8 succession by the original appointing body as provided in
3- 9 Section 2 of this Act and shall have the right to resign at
3-10 any time by giving written notice of resignation to the
3-11 judge of the superior court and to his or her original
3-12 appointing body, and shall be subject to removal from the
3-13 board at any time by the respective original appointing
3-14 body, for cause after notice and hearing, in the same manner
3-15 and by the same authority as provided for removal of
3-17 SECTION 6.
3-18 In the event a vacancy occurs in the office of any appointed
3-19 member of the board before the expiration of the term for
3-20 which such member was appointed by removal, death,
3-21 resignation, or otherwise, the grand jury next convening
3-22 following the occurrence of the vacancy shall appoint a
3-23 successor to serve the remainder of the unexpired term upon
3-24 receipt of a list of three nominees from the original
3-25 appointing body. The clerk of the superior court shall be
3-26 notified of interim appointments and shall record and
3-27 certify such appointments in the same manner as for the
3-28 regular appointment of members.
3-29 SECTION 7.
3-30 The first members of the board under this Act shall take
3-31 office immediately upon their appointment as provided in
3-32 this Act. Before entering upon the duties of office, each
3-33 such member shall take substantially the same oath as
3-34 required by law for registrars and shall have the same
3-35 privileges from arrest.
3-36 SECTION 8.
3-37 Each board of elections and registration shall:
3-38 (1) With regard to the preparation for conduct and
3-39 administration of elections, succeed to and exercise all
3-40 duties and powers granted to and incumbent upon the
3-41 superintendent of elections pursuant to Title 21 of the
4- 1 O.C.G.A., as now or hereafter amended, or any other
4- 2 provisions of law, or both;
4- 3 (2) With regard to preparation for and conduct of
4- 4 primaries:
4- 5 (A) Succeed to all the duties and powers granted to
4- 6 and incumbent upon the superintendent of elections by
4- 7 Title 21 of the O.C.G.A., as now or hereafter amended,
4- 8 or any other provisions of law, or both;
4- 9 (B) Formulate, adopt, and promulgate rules and
4-10 regulations consistent with the law and the rules and
4-11 regulations of the state executive committee of each
4-12 political party governing the conduct of primaries to
4-13 the end that, insofar as practicable, all primaries
4-14 shall be uniformly conducted by the county board of
4-15 elections and registration, poll workers properly
4-16 trained, and voters adequately informed and
4-17 instructed. Any rule or regulation promulgated by a
4-18 county executive committee under the provisions of
4-19 Code Section 21-2-111 of the O.C.G.A., as amended,
4-20 with regard to the conduct of primaries shall be null
4-21 and void if in conflict with a valid rule or
4-22 regulation of the board of elections and registration;
4-24 (C) Nothing in this Act shall be construed to require
4-25 or prohibit the governing authority or any other
4-26 public agency to bear any expense of conducting
4-27 primaries not otherwise required by law; and
4-28 (3) With regard to registration of electors, succeed to
4-29 and exercise all of the duties and powers granted to and
4-30 incumbent on the chief registrar and the board of
4-31 registrars pursuant to Title 21 of the O.C.G.A., as now
4-32 or hereafter amended, or any other provisions of law, or
4-34 SECTION 9.
4-35 The board shall be responsible for the selection,
4-36 appointment, and training of poll workers in primaries and
4-37 elections, and such workers shall be appointed, insofar as
4-38 practicable, from lists provided to the board by the county
4-39 executive committee of each political party.
5- 1 SECTION 10.
5- 2 With the consent of the governing authority, the board of
5- 3 elections and registration shall be authorized to expend
5- 4 public funds for the purpose of distributing sample ballots,
5- 5 voter information booklets, and other material designed to
5- 6 adequately inform and instruct electors of the county with
5- 7 regard to elections.
5- 8 SECTION 11.
5- 9 (a) The judge of the Probate Court of Hancock County acting
5-10 as the superintendent of elections and the county board of
5-11 registrars are relieved from all powers and duties to which
5-12 the board of elections and registration succeed by the
5-13 provisions of this Act and shall deliver thereafter to the
5-14 chairperson of the board, upon his or her written request,
5-15 the custody of all equipment, supplies, materials, books,
5-16 paper, records, and facilities of every kind pertaining to
5-17 such powers and duties. The judge of the probate court
5-18 shall swear in all persons elected to public office in the
5-19 same manner as done prior to the effective date of this Act.
5-20 (b) For the remainder of his or her present unexpired term
5-21 of office, the probate judge incumbent on the effective date
5-22 of this Act serving in the capacity of superintendent of
5-23 elections shall serve as an ex officio member of the board
5-24 and shall continue to receive his or her present authorized
5-25 compensation for service as superintendent of elections
5-26 until the expiration of his or her term.
5-27 (c) The judge of the Probate Court of Hancock County acting
5-28 as the superintendent of elections and the members of the
5-29 county board of registrars serving in such capacity on the
5-30 effective date of this Act shall continue to serve until the
5-31 members of the board of elections and registration created
5-32 under this Act are duly appointed and qualified.
5-33 SECTION 12.
5-34 (a) The board shall be authorized to organize itself,
5-35 determine its procedural rules and regulations, adopt
5-36 bylaws, specify the functions and duties of its employees,
5-37 and otherwise take such action as is appropriate to the
5-38 management of the affairs committed to its supervision;
5-39 provided, however, no such action shall conflict with state
5-40 law. Action and decision by the board concerning operations
5-41 and procedures of the board not provided by state law or
5-42 otherwise directed by proper authority shall be by a
6- 1 majority of the members of the board provided a quorum of
6- 2 three members is present.
6- 3 (b) The chairperson of the board of elections and
6- 4 registration shall be the chief executive officer of the
6- 5 board of elections and registration and shall generally
6- 6 supervise, direct, and control the administration of the
6- 7 affairs of the board of elections and registration pursuant
6- 8 to law and duly adopted resolutions of the board of
6- 9 elections and registration. The board of elections and
6-10 registration shall fix and establish, by appropriate
6-11 resolution entered on its minutes, directives governing the
6-12 execution of matters within its jurisdiction.
6-13 SECTION 13.
6-14 The board shall have the authority to contract with any
6-15 municipality located within Hancock County for the holding
6-16 by the board of any primary or election to be conducted
6-17 within such municipality.
6-18 SECTION 14.
6-19 The members of the board of elections and registration shall
6-20 receive such compensation for their services as may be fixed
6-21 from time to time by the governing authority of Hancock
6-22 County, but in no event shall the compensation of a member
6-23 be decreased during such member's term of office.
6-24 SECTION 15.
6-25 The governing authority of the county shall provide the
6-26 board of elections and registration with such proper and
6-27 suitable offices and supplies and with such clerical
6-28 assistants and other employees as the governing authority
6-29 shall deem appropriate.
6-30 SECTION 16.
6-31 For the purposes of this Act, the terms "election,"
6-32 "elector," "political party," "primary," "public office,"
6-33 "special election," and "special primary" shall have the
6-34 same meaning ascribed to those words by Code Section 21-2-2
6-35 of the O.C.G.A., as amended, unless otherwise clearly
6-36 apparent from the text of this Act; the term "board" means
6-37 the board of elections and registration created by Section 1
6-38 of this Act; the term "county" means Hancock County; and the
6-39 term "superior court" means the superior court of Hancock
7- 1 SECTION 17.
7- 2 It shall be the duty of the governing authority of Hancock
7- 3 County to require the attorney therefor to submit this Act,
7- 4 pursuant to Section 5 of the federal Voting Rights Act of
7- 5 1965, as amended, to the United States Attorney General for
7- 6 approval.
7- 7 SECTION 18.
7- 8 This Act shall become effective on January 1, 1998.
7- 9 SECTION 19.
7-10 All laws and parts of laws in conflict with this Act are
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98