| HB 490 - Voting; amend provisions |
First Reader Summary
A BILL to amend Chapter 2 of Title 21 of the Official Code of
Georgia Annotated, relating to elections and primaries generally
and known as the "Georgia Election Code," so as to authorize
electors to vote in more than one political party primary held on
the same date by two or more parties, but to vote for not more
than one candidate for each office; and for other purposes.
| House |
Action |
Senate |
| 2/5/99 |
Read 1st Time |
|
| 2/8/99 |
Read 2nd Time |
|
HB 490 LC 24 1249
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 2 of Title 21 of the Official Code of
1- 2 Georgia Annotated, relating to elections and primaries
1- 3 generally and known as the "Georgia Election Code," so as to
1- 4 authorize electors to vote in more than one political party
1- 5 primary held on the same date by two or more parties, but to
1- 6 vote for not more than one candidate for each office; to
1- 7 change a definition; to make conforming changes to voting
1- 8 procedures and instrumentalities; to change the manner of
1- 9 determining which candidates' names are placed on the
1-10 general election ballot; to provide that if a candidate,
1-11 regardless of party affiliation, receives a majority of the
1-12 votes cast in a primary, he or she will be the only
1-13 candidate for that office in the general election; to
1-14 provide that if no one receives a majority, the top two
1-15 candidates regardless of party affiliation will have their
1-16 names on the general election ballot; to repeal certain
1-17 provisions relating to use of separate vote recorders and
1-18 adjustments of voting machines; to provide for related
1-19 matters; to provide an effective date; to repeal conflicting
1-20 laws; and for other purposes.
1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-22 SECTION 1.
1-23 Chapter 2 of Title 21 of the Official Code of Georgia
1-24 Annotated, relating to elections and primaries generally and
1-25 known as the "Georgia Election Code," is amended by striking
1-26 paragraph (21) of Code Section 21-2-2, relating to
1-27 definitions, and inserting in lieu thereof a new paragraph
1-28 to read as follows:
1-29 "(21) 'Party nomination' means the selection by a
1-30 political party, in accordance with this chapter, of a
1-31 candidate or candidates for a public office authorized
1-32 to be voted for at an election."
1-33 SECTION 2.
1-34 Said chapter is further amended by striking subsection (a)
1-35 of Code Section 21-2-151, relating to authorization for
-1-
2- 1 political party primaries and for nonpartisan primaries for
2- 2 judicial officers, and inserting a new subsection to read as
2- 3 follows:
2- 4 "(a) A political party may elect its officials and shall
2- 5 nominate its candidates, if any, for public office in a
2- 6 primary. Except for substitute nominations as provided in
2- 7 Code Section 21-2-134 and nomination of presidential
2- 8 electors, all nominees of a political party for public
2- 9 office shall be nominated in the primary preceding the
2-10 general election in which the candidates' names will be
2-11 listed on the ballot."
2-12 SECTION 3.
2-13 Said chapter is further amended by striking subsection (b)
2-14 of Code Section 21-2-152, relating to conduct of primaries
2-15 generally, and inserting in lieu thereof a new subsection to
2-16 read as follows:
2-17 "(b) A political party, in nominating a candidate for
2-18 public office which is participating in a municipal
2-19 primary, may also during such primary nominate persons to
2-20 serve as poll officers for such primaries, and the
2-21 superintendent shall consider such nominations but shall
2-22 have discretion to appoint poll officers for each polling
2-23 place in each precinct."
2-24 SECTION 4.
2-25 Said chapter is further amended by striking subsection (d)
2-26 of Code Section 21-2-224, relating to registration
2-27 deadlines, restrictions on voting in primaries, official
2-28 voter lists, and voting procedures, and inserting in lieu
2-29 thereof a new subsection (d) to read as follows:
2-30 "(d) Each elector who makes timely application for
2-31 registration, is found eligible by the board of registrars
2-32 and placed on the official list of electors, and is not
2-33 subsequently found to be disqualified to vote shall be
2-34 entitled to vote in any primary or election.; provided,
2-35 however, that an An elector, voting in the primary or
2-36 primaries held by a single party for the nomination of
2-37 candidates to seek public offices to be filled in an
2-38 election, shall not vote in a primary held by any other
2-39 party may vote in more than one primary held on the same
2-40 date by two or more parties for the nomination of
2-41 candidates to seek public offices to be filled in the same
-2-
3- 1 such election but shall not vote for more than one
3- 2 candidate for each office."
3- 3 SECTION 5.
3- 4 Said chapter is further amended by striking Code Section
3- 5 21-2-284, relating to the form of official primary ballots
3- 6 and attestation regarding receiving value in exchange for
3- 7 vote, and inserting in lieu thereof a new Code Section
3- 8 21-2-284 to read as follows:
3- 9 "21-2-284.
3-10 (a) In each primary separate one official ballots ballot
3-11 shall be prepared for the all political party parties
3-12 holding the primary their primaries on the same date. At
3-13 the top of each ballot shall be printed in prominent type
3-14 the words 'OFFICIAL PRIMARY BALLOT OF ____ PARTY FOR,'
3-15 followed by the designation of the precinct for which it
3-16 is prepared and the name and date of the primary.
3-17 (b) Immediately under this caption, the following
3-18 directions shall be printed: 'Place a cross (X) or check
3-19 (/) mark in the square opposite the name of each candidate
3-20 for whom you choose to vote. If you spoil your ballot, do
3-21 not erase, but ask for a new ballot. Use only pen or
3-22 pencil. You may vote for one candidate for each office,
3-23 regardless of your or the candidate's party affiliation.'
3-24 (c) Immediately under the directions, the names of all
3-25 parties holding a primary on such date shall be listed in
3-26 the order specified in subsection (c) of Code Section
3-27 21-2-285. Under the name of each such party, the names of
3-28 all candidates who have qualified with the party in
3-29 accordance with this chapter and party rules and who have
3-30 been certified to the superintendent or Secretary of State
3-31 as having so qualified shall be printed on the ballots,
3-32 except unopposed candidates in municipal primaries where
3-33 the municipal charter or ordinance does not prohibit the
3-34 omission of such candidates' names from the ballot. The
3-35 names of the candidates shall in all cases be arranged
3-36 under the title of the office for which they are
3-37 candidates and be printed thereunder in alphabetical
3-38 order. The incumbency of a candidate seeking party
3-39 nomination for the public office he or she then holds
3-40 shall be indicated on the ballots. Under the title of
3-41 each office shall be placed a direction as to the number
3-42 of candidates to be voted for.
-3-
4- 1 (d) If at any general primary a political party shall
4- 2 submit to its members any matter or question to be voted
4- 3 upon, the party shall by the deadline for certifying
4- 4 candidates for the primary election certify the wording of
4- 5 said question to the superintendent, if to be voted on by
4- 6 one county only, or to the Secretary of State, if to be
4- 7 voted on by more than one county; and the superintendent
4- 8 or Secretary of State shall have such language printed on
4- 9 the ballot form. To the left of each question there shall
4-10 be placed the words 'Yes' and 'No' together with
4-11 appropriate squares to the left of each for the convenient
4-12 insertion of a cross (X) or check (/) mark. If at any
4-13 municipal primary a political party shall submit to its
4-14 members any matter or question to be voted upon, the party
4-15 shall also have printed on the ballots the necessary
4-16 language to guide the elector in the expression of his or
4-17 her choice as to such matter or question.
4-18 (e) Each ballot shall have printed thereon the following:
4-19 'I understand that the offer or acceptance of money or
4-20 any other object of value to vote for any particular
4-21 candidate, list of candidates, issue, or list of issues
4-22 included in this election constitutes an act of voter
4-23 fraud and is a felony under Georgia law.'
4-24 (f) The ballots shall vary in form only as the names of
4-25 precincts, offices, candidates, color of ballot cards, or
4-26 this chapter may require."
4-27 SECTION 6.
4-28 Said chapter is further amended by striking Code Section
4-29 21-2-284.1, relating to nonpartisan primaries and the form
4-30 of ballots, primary runoffs, placement of nominees on
4-31 nonpartisan election ballots related thereto, and municipal
4-32 nonpartisan ballot forms, and inserting in lieu thereof a
4-33 new Code Section 21-2-284.1 to read as follows:
4-34 "21-2-284.1.
4-35 (a) The names of all candidates seeking nomination in a
4-36 nonpartisan primary conducted in conjunction with a
4-37 partisan with an open primary shall be printed on the
4-38 ballot of each political party; and insofar as practicable
4-39 such offices to be filled in a nonpartisan primary shall
4-40 be separated from the names of political party candidates
4-41 by being listed last on each political party the ballot,
4-42 with the top of that portion of the ballot relating to the
-4-
5- 1 nonpartisan primary to have printed in prominent type the
5- 2 words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately
5- 3 under this caption the following directions shall be
5- 4 printed: 'Place a cross (X) or check (/) mark in the
5- 5 square opposite the name of each nonpartisan candidate for
5- 6 whom you choose to vote. If you spoil your ballot, do not
5- 7 erase, but ask for a new ballot. Use only pen or pencil.'
5- 8 Immediately under the directions, the names of the
5- 9 nonpartisan candidates shall in all cases be arranged
5-10 under the title of the office for which they are
5-11 candidates and be printed thereunder in alphabetical
5-12 order. No party designation or affiliation shall appear
5-13 beside the name of any candidate for nonpartisan office.
5-14 The incumbency of a nonpartisan candidate seeking
5-15 nomination for the public office he or she then holds
5-16 shall be indicated on the ballots by printing the word
5-17 'Incumbent' beside his or her the candidate's name. Under
5-18 the title of each office shall be placed a direction as to
5-19 the number of nonpartisan candidates to be voted for. The
5-20 votes cast for each nonpartisan candidate listed on all
5-21 political party ballots shall be combined to determine the
5-22 total number of votes received by each candidate in the
5-23 nonpartisan primary. In the event that a candidate in
5-24 such nonpartisan primary does not receive a majority of
5-25 the total votes cast for such office, there shall be a
5-26 nonpartisan primary runoff between the candidates
5-27 receiving the two highest numbers of votes for such
5-28 office; and the names of such candidates shall be placed
5-29 on each political party ballot at the general primary
5-30 runoff in the same nonpartisan portion as prescribed in
5-31 this Code section. If no political party runoff is
5-32 required, the The form of the ballot for the nonpartisan
5-33 primary runoff shall be prescribed by the Secretary of
5-34 State or election superintendent in essentially the same
5-35 format prescribed for nonpartisan primaries. The
5-36 candidate receiving a majority of the total votes cast in
5-37 the nonpartisan primary or the candidate receiving the
5-38 highest number of votes cast in the nonpartisan primary
5-39 runoff shall be the only candidate for such office to have
5-40 his or her name placed on the nonpartisan election ballot,
5-41 and such person may be referred to as the nominee for such
5-42 office or as the candidate nominated for such office.
5-43 (b) In the case of nonpartisan municipal primaries, the
5-44 form of the official nonpartisan primary ballot shall
5-45 conform insofar as practicable to the form of the official
-5-
6- 1 primary ballot as detailed in Code Section 21-2-284,
6- 2 except that:
6- 3 (1) The following shall be printed at the top of each
6- 4 ballot in prominent type:
6- 5 'OFFICIAL NONPARTISAN PRIMARY BALLOT OF
6- 6 ______________________
6- 7 (Name of Municipality)';
6- 8 (2) There shall be no name or designation of any
6- 9 political organization nor any words, designation, or
6-10 emblems descriptive of a candidate's political
6-11 affiliation printed under or after any candidate's name
6-12 which is printed on the ballot; and
6-13 (3) The incumbency of a candidate seeking election for
6-14 the public office he or she then holds shall be
6-15 indicated on the ballot."
6-16 SECTION 7.
6-17 Said chapter is further amended by striking subsection (c)
6-18 of Code Section 21-2-285, relating to the form of official
6-19 election ballots, attestation on receipt of benefit in
6-20 exchange for vote, and when an election is not required, and
6-21 inserting in lieu thereof a new subsection (c) to read as
6-22 follows:
6-23 "(c) Immediately under the directions, the names of all
6-24 candidates who have been nominated in accordance with the
6-25 requirements of this chapter shall be printed on the
6-26 ballot and the names of the candidates shall in all cases
6-27 be arranged under the titles of the respective offices
6-28 they are seeking. In a primary or special election, said
6-29 names shall be arranged alphabetically by last name under
6-30 the title of the office. The incumbency of a candidate
6-31 seeking election for the public office he or she then
6-32 holds shall be indicated on the ballot. In a general
6-33 election, the names of candidates who are nominees of a
6-34 political party shall be placed in alphabetical order
6-35 under the name of their party. The columns of political
6-36 parties shall be printed on the ballot, beginning on the
6-37 left side thereof, and shall be arranged from left to
6-38 right in the descending order of the totals of votes cast
6-39 for candidates of the political parties for Governor at
6-40 the last gubernatorial election. The columns of parties
6-41 having no candidate for Governor on the ballot at the last
6-42 gubernatorial election shall be arranged alphabetically
-6-
7- 1 according to the party name to the right of the columns of
7- 2 the parties so represented. The columns of political
7- 3 bodies shall be arranged alphabetically according to the
7- 4 body name to the right of the party columns. The names of
7- 5 all independent candidates shall be printed on the ballot
7- 6 in a column or columns under the heading 'Independent,'
7- 7 which shall be placed to the right of the political body
7- 8 columns. In the case of two or more independent
7- 9 candidates seeking the same office, their names shall be
7-10 arranged under the title of the office in alphabetical
7-11 order. The names of candidates seeking the same office
7-12 shall be printed horizontally opposite one another in
7-13 their respective columns, and such columns shall be of
7-14 sufficient length to permit such an arrangement. When one
7-15 party has two candidates for one office, this arrangement
7-16 shall be adjusted so that it remains clear for which
7-17 office each person is a candidate. To the right of the
7-18 independent column or columns shall be printed a blank
7-19 column sufficient for the insertion of write-in votes. At
7-20 the left of the name heading every column on the ballot
7-21 and at the left of the name of every candidate thereon
7-22 shall be a square of sufficient size for the convenient
7-23 insertion of a cross (X) or check (/) mark."
7-24 SECTION 8.
7-25 Said chapter is further amended by striking subsection (b)
7-26 of Code Section 21-2-286, relating to printing
7-27 specifications, numbering, and binding of ballots, and
7-28 inserting in lieu thereof a new subsection (b) to read as
7-29 follows:
7-30 "(b) Ballots shall be at least six inches long and four
7-31 inches wide and shall have a margin extending beyond any
7-32 printing thereon. They shall be printed with the same
7-33 kind of type, which shall not be smaller than the size
7-34 known as 'brevier' or 'eight-point body,' upon white paper
7-35 of uniform quality, without any impression or mark to
7-36 distinguish one from another, and with sufficient
7-37 thickness to prevent the printed matter from showing
7-38 through, except that ballots being used in primaries held
7-39 by more than one party may be of different colors if the
7-40 parties so agree. Each ballot shall be attached to a name
7-41 stub, and all the ballots for the same precinct shall be
7-42 bound together in books of 25, 50, or 100, in such manner
7-43 that each ballot may be detached from its stub and removed
7-44 separately. The ballots for each party to be used at a
-7-
8- 1 primary shall be bound separately. The name stubs of the
8- 2 ballots shall be consecutively numbered; and, in the case
8- 3 of primary ballots, the number shall be preceded by an
8- 4 initial or abbreviation designating the party name. The
8- 5 number and initial or abbreviation which appears upon the
8- 6 stub shall also be printed in the upper portion of the
8- 7 front of the ballot, separated from the remainder of the
8- 8 ballot by a horizontal perforated line so as to constitute
8- 9 a number strip, and so prepared that the upper portion of
8-10 the front of the ballot containing the number may be
8-11 detached from the ballot before it is deposited in the
8-12 ballot box. The number strip on the ballot shall also
8-13 have the following words printed thereon: 'Tear off before
8-14 depositing ballot in ballot box.'"
8-15 SECTION 9.
8-16 Said chapter is further amended by striking Code Section
8-17 21-2-322, relating to general requirements as to voting
8-18 machines, and inserting in lieu thereof a new Code Section
8-19 21-2-322 to read as follows:
8-20 "21-2-322.
8-21 No voting machine shall be adopted or used unless it
8-22 shall, at the time, satisfy the following requirements:
8-23 (1) It shall provide facilities for voting for such
8-24 candidates as may be nominated and upon such questions
8-25 as may be submitted;
8-26 (2) It shall permit each elector, in one operation, to
8-27 vote for all the candidates of one party or body for
8-28 presidential electors;
8-29 (3) Except as provided in paragraph (2) of this Code
8-30 section for presidential electors, it shall permit each
8-31 elector, at other than primaries, to vote a ticket
8-32 selected from the nominees of any and all parties or
8-33 bodies, from independent nominations, and from persons
8-34 not in nomination;
8-35 (4) It shall permit each elector to vote, at any
8-36 election, for any person and for any office for whom and
8-37 for which he or she is lawfully entitled to vote,
8-38 whether or not the name of such person or persons
8-39 appears upon a ballot label as a candidate for election;
8-40 to vote for as many persons for an office as he or she
8-41 is entitled to vote for; and to vote for or against any
8-42 question upon which he or she is entitled to vote;
-8-
9- 1 (5) It shall preclude each elector from voting for any
9- 2 candidate or upon any question for whom or upon which he
9- 3 or she is not entitled to vote; from voting for more
9- 4 persons for any office than he or she is entitled to
9- 5 vote for; and from voting for any candidate for the same
9- 6 office or upon any question more than once;
9- 7 (6) It shall be capable of adjustment by poll officers
9- 8 so as to permit each elector at a primary to vote only
9- 9 for the candidates for one candidate seeking nomination
9-10 by the any party in whose primary he or she is then
9-11 voting and so as to preclude him or her from voting for
9-12 the candidates seeking nomination by any party in whose
9-13 primary he or she is not then voting for each office;
9-14 (7) It shall fairly permit each elector to deposit,
9-15 write in, or affix upon receptacles or devices provided
9-16 for the purpose ballots containing the names of persons
9-17 for whom he or she desires to vote whose names do not
9-18 appear upon the machine; provided, however, that, if the
9-19 machine does not fairly permit such a vote to be cast,
9-20 an elector desiring to vote for any person whose name
9-21 does not appear on the machine shall be permitted to
9-22 vote in the election by the use of a paper ballot which
9-23 shall be furnished by the superintendent;
9-24 (8) It shall permit each elector to change his or her
9-25 vote for any candidate or upon any question appearing
9-26 upon the ballot labels up to the time he or she begins
9-27 to register his or her vote or indicates or expresses
9-28 his or her intentions to register his or her vote;
9-29 (9) It shall permit and require voting in absolute
9-30 secrecy and shall be so constructed that no person can
9-31 see or know for whom any other elector has voted or is
9-32 voting, save an elector whom he or she has assisted or
9-33 is assisting in voting, as prescribed by law;
9-34 (10) It shall have voting devices for separate
9-35 candidates and questions, which shall be arranged in
9-36 separate parallel rows or columns, so that, at any
9-37 primary, one or more adjacent rows or columns may be
9-38 assigned to the candidates of a party or body and shall
9-39 have parallel office columns or rows transverse thereto;
9-40 (11) It shall have a public counter or other device, the
9-41 register of which is visible from the outside of the
9-42 machine, which shall show during any period of voting
-9-
10- 1 the total number of electors who have operated the
10- 2 machine during such period of voting;
10- 3 (12) It shall have a protective counter or other device,
10- 4 the register of which cannot be reset, which shall
10- 5 record the cumulative total number of movements of the
10- 6 operating mechanism;
10- 7 (13) It shall be provided with a lock or locks, by the
10- 8 use of which, immediately after the polls are closed or
10- 9 the operation of the machine for a primary or election
10-10 is completed, all movements of the registering mechanism
10-11 are absolutely prevented;
10-12 (14) It shall be provided with a screen, hood, or
10-13 curtain which shall conceal the actions of the elector
10-14 while voting;
10-15 (15) It shall be constructed of material of good quality
10-16 in a neat and workmanlike manner;
10-17 (16) It shall, when properly operated, register or
10-18 record correctly and accurately every vote cast;
10-19 (17) It shall be so constructed that an elector may
10-20 readily learn the method of operating it;
10-21 (18) It shall be safely transportable;
10-22 (19) It shall be so constructed and controlled that
10-23 during the progress of voting it shall preclude every
10-24 person from seeing or knowing the number of votes
10-25 registered for any candidate and from tampering with any
10-26 of the registering mechanism; and
10-27 (20) If it is of a type equipped with a mechanism for
10-28 printing paper proof sheets and not requiring the
10-29 counters to be made visible in order to canvass the
10-30 votes recorded on the machine, the door or other device
10-31 concealing such counters or keeping the same concealed
10-32 may be equipped with a lock or locks, requiring the
10-33 simultaneous use of three separate and substantially
10-34 different keys to open or operate the same."
10-35 SECTION 10.
10-36 Said chapter is further amended by striking subsection (i)
10-37 of Code Section 21-2-325, relating to the form of ballot
10-38 labels generally, which reads as follows:
10-39 "(i) In primaries, if it shall be impracticable to place
10-40 on the ballot labels of one machine the names of all
-10-
11- 1 candidates seeking nomination in all political parties and
11- 2 the names of all candidates seeking nomination in a
11- 3 nonpartisan primary, the superintendent may arrange for
11- 4 the names of all the candidates seeking nomination in any
11- 5 one political party to be placed on separate voting
11- 6 machines; provided, however, that the names of all
11- 7 candidates seeking nomination in a nonpartisan primary
11- 8 shall appear on all machines.",
11- 9 and inserting in lieu thereof a new subsection (i) to read
11-10 as follows:
11-11 "(i) Reserved."
11-12 SECTION 11.
11-13 Said chapter is further amended by striking subsection (a)
11-14 of Code Section 21-2-327, relating to preparation of voting
11-15 machines for voting and appointment, oaths, duties, and
11-16 compensation of custodians of voting machines, and inserting
11-17 in lieu thereof a new subsection (a) to read as follows:
11-18 "(a) The superintendent of each county or municipality
11-19 shall cause the proper ballot labels to be placed on each
11-20 voting machine which is to be used in any precinct within
11-21 such county or municipality, cause each machine to be
11-22 placed in proper order for voting, examine each machine
11-23 before it is sent out to a polling place, see that each
11-24 registering counter on each machine is set at zero, lock
11-25 each machine so that the counting machinery cannot be
11-26 operated, and seal each machine with a numbered seal. The
11-27 superintendent or his or her agent shall adjust each
11-28 machine to be used at a primary, so that the poll officers
11-29 may lock it on primary day, in such a way that each
11-30 elector can vote only for the candidates seeking
11-31 nomination by the political party in whose primary he or
11-32 she is then voting and so that no elector can vote for the
11-33 candidates seeking nomination by any political party in
11-34 whose primary he or she is not then voting."
11-35 SECTION 12.
11-36 Said chapter is further amended by striking Code Section
11-37 21-2-355, relating to the use of separate vote recorders for
11-38 each political party in primaries and the use of the same
11-39 vote recorder for two or more parties, which reads as
11-40 follows:
-11-
12- 1 "21-2-355.
12- 2 In primaries, separate vote recorders shall be used for
12- 3 each political party.",
12- 4 and inserting in lieu thereof a new Code Section 21-2-355 to
12- 5 read as follows:
12- 6 "21-2-355.
12- 7 Reserved."
12- 8 SECTION 13.
12- 9 Said chapter is further amended by striking subsection (b)
12-10 of Code Section 21-2-452, relating to admission of electors
12-11 to enclosed spaces at polls, voting procedure generally,
12-12 procedure as to write-in votes, voting by electors whose
12-13 right to vote is challenged, and paper ballots for disabled
12-14 voters, which reads as follows:
12-15 "(b) At primaries, before an elector is admitted to the
12-16 voting machine, it shall be adjusted by the poll officer
12-17 in charge thereof so that such elector will only be able
12-18 to vote for the candidates of the party in whose primary
12-19 he or she is then participating.",
12-20 and inserting in lieu thereof the following:
12-21 "(b) Reserved."
12-22 SECTION 14.
12-23 Said chapter is further amended by striking Code Section
12-24 21-2-501, relating to the number of votes required for
12-25 election, and inserting in lieu thereof a new Code section
12-26 to read as follows:
12-27 "21-2-501.
12-28 (a) Except as otherwise provided in this Code section, no
12-29 candidate shall be nominated for public office in any
12-30 primary or elected to public office in any special
12-31 election unless such candidate shall have received a
12-32 majority of the votes cast by all electors, regardless of
12-33 party affiliation, to fill such nomination or public
12-34 office. In instances primaries where no candidate receives
12-35 a majority of the votes cast, the two candidates who have
12-36 received the highest number of votes cast regardless of
12-37 party affiliation shall both be nominated and shall have
12-38 their names listed on the general election ballot. Where
12-39 no candidate receives a majority of the votes cast in a
-12-
13- 1 special election, a run-off primary or special election
13- 2 runoff between the candidates receiving the two highest
13- 3 numbers of votes shall be held. Unless such date is
13- 4 postponed by a court order, such run-off primary or
13- 5 special election runoff shall be held on the twenty-first
13- 6 day after the day of holding the preceding primary or
13- 7 special election, provided that, unless postponed by court
13- 8 order, a runoff in the case of a special primary or
13- 9 special election shall be held no sooner than the
13-10 fourteenth day and no later than the twenty-first day
13-11 after the day of holding the preceding special primary or
13-12 special election, which run-off day shall be determined by
13-13 the Secretary of State in a runoff to fill a federal or
13-14 state office or by the superintendent in a runoff to fill
13-15 a county or militia district office. If any candidate
13-16 eligible to be in a runoff withdraws, dies, or is found to
13-17 be ineligible, the remaining candidates receiving the two
13-18 highest numbers of votes shall be the candidates in the
13-19 runoff. The candidate receiving the highest number of the
13-20 votes cast in such run-off primary or special election
13-21 runoff to fill the nomination or public office sought
13-22 shall be declared the winner. The name of a write-in
13-23 candidate eligible for election in a runoff shall be
13-24 printed on the special election run-off ballot in the
13-25 independent column. The run-off primary or special
13-26 election runoff shall be a continuation of the primary or
13-27 special election for the particular office concerned.
13-28 Only the electors who were entitled to vote in the primary
13-29 or special election for candidates for that particular
13-30 office shall be entitled to vote therein, and only those
13-31 votes cast for the persons designated as candidates in
13-32 such run-off primary or special election runoff shall be
13-33 counted in the tabulation and canvass of the votes cast.No elector shall vote in a run-off primary in violation of
13-35 Code Section 21-2-224.
13-36 (b) If the municipal charter or ordinances of a
13-37 municipality as now existing or as amended subsequent to
13-38 September 1, 1968, provide that a candidate may be
13-39 nominated or elected by a plurality of the votes cast to
13-40 fill such nomination or public office, such provision
13-41 shall prevail. Otherwise, no municipal candidate shall be
13-42 nominated for public office in any primary or elected to
13-43 public office in any election unless such candidate shall
13-44 have received a majority of the votes cast to fill such
13-45 nomination or public office.
-13-
14- 1 (c) In instances primaries in which no municipal candidate
14- 2 receives a majority of the votes cast and the municipal
14- 3 charter or ordinances do not provide for nomination or
14- 4 election by a plurality vote, the two candidates who have
14- 5 received the highest number of votes cast regardless of
14- 6 party affiliation shall both be nominated and shall have
14- 7 their names listed on the general election ballot. Where
14- 8 no candidate receives a majority of the votes cast in a
14- 9 special election, a run-off primary or election shall be
14-10 held between the candidates receiving the two highest
14-11 numbers of votes. Such runoff shall be held not earlier
14-12 than the fourteenth day and not later than the
14-13 twenty-first day after the day of holding the first
14-14 primary or election on a date specified by municipal
14-15 ordinance or resolution, unless such run-off date is
14-16 postponed by court order. Only the electors entitled to
14-17 vote in the first primary or election shall be entitled to
14-18 vote in any run-off primary or election resulting
14-19 therefrom; provided, however, that no elector shall vote
14-20 in a run-off primary in violation of Code Section
14-21 21-2-216. The run-off primary or election shall be a
14-22 continuation of the first primary or election, and only
14-23 those votes cast for the candidates receiving the two
14-24 highest numbers of votes in the first primary or election
14-25 shall be counted. No write-in votes may be cast in such
14-26 a primary, run-off primary, or run-off election. If any
14-27 candidate eligible to be in a runoff withdraws, dies, or
14-28 is found to be ineligible, the remaining candidates
14-29 receiving the two highest numbers of votes shall be the
14-30 candidates in such runoff. The municipal candidate
14-31 receiving the highest number of the votes cast in such
14-32 run-off primary or election to fill the nomination or
14-33 public office sought shall be declared the winner.
14-34 (d) The name of a municipal write-in candidate eligible
14-35 for election in a municipal runoff shall be printed on the
14-36 municipal run-off election ballot in the independent
14-37 column.
14-38 (e) In all cities having a population in excess of 100,000
14-39 according to the United States decennial census of 1980 or
14-40 any future such census, in order for a municipal
14-41 candidate to be nominated for public office in any primary
14-42 or elected to public office in any municipal election, he
14-43 or she must receive a majority of the votes cast.
-14-
15- 1 (f) Except for presidential electors, to be elected to
15- 2 public office in a general election, a candidate must
15- 3 receive a plurality of the votes cast in an election to
15- 4 fill such public office. To be elected to the office of
15- 5 presidential electors, no slate of candidates shall be
15- 6 required to receive a plurality of the votes cast, but
15- 7 that slate of candidates shall be elected to such office
15- 8 which receives the highest number of votes cast.
15- 9 (g) In the event that no candidate receives a plurality of
15-10 the votes cast in a general election or more than one
15-11 candidate in a general election, or special election
15-12 runoff, or run-off primary receives the highest number of
15-13 votes cast, a runoff of the general election, or special
15-14 election runoff, or run-off primary between the candidates
15-15 receiving the two highest numbers of votes shall be held.
15-16 Unless such date is postponed by a court order, such
15-17 runoff shall be held on the twenty-first day after the day
15-18 of holding the preceding general election, or special
15-19 election runoff, or run-off primary; provided that,
15-20 unless postponed by court order, a runoff resulting from a
15-21 special election runoff or a special primary runoff shall
15-22 be held no sooner than the fourteenth day and no later
15-23 than the twenty-first day after the day of holding the
15-24 preceding special election runoff or special primary
15-25 runoff, which run-off day shall be determined by the
15-26 Secretary of State in a runoff to fill a federal or state
15-27 office or by the superintendent in a runoff to fill a
15-28 county or militia district office. If any candidate
15-29 eligible to be in such runoff withdraws, dies, or is found
15-30 to be ineligible, the remaining candidates receiving the
15-31 two highest numbers of votes shall be the candidates in
15-32 the runoff. The candidate receiving the highest number of
15-33 the votes cast in such runoff to fill the nomination or
15-34 public office such candidate seeks shall be declared the
15-35 winner. The name of a write-in candidate eligible for
15-36 election in a runoff shall be printed on the run-off
15-37 election ballot in the independent column. The runoff of
15-38 a run-off primary or special election runoff shall be a
15-39 continuation of the primary or special election for the
15-40 particular office concerned, and the run-off election of a
15-41 general election shall be a continuation of the general
15-42 election for the particular office concerned. Only the
15-43 electors who were entitled to vote for that particular
15-44 office in such primary or special election or general
15-45 election, respectively, shall be entitled to vote therein,
-15-
16- 1 and only those votes cast for the persons designated as
16- 2 candidates in such runoff shall be counted in the
16- 3 tabulation and canvass of the votes cast. No elector
16- 4 shall vote in a run-off primary in violation of Code
16- 5 Section 21-2-235."
16- 6 SECTION 15.
16- 7 Said chapter is further amended by striking Code Section
16- 8 21-2-504, relating to a special primary or election upon the
16- 9 failure to nominate or elect, and inserting in lieu thereof
16-10 a new Code section to read as follows:
16-11 "21-2-504.
16-12 (a) Whenever any primary or election shall fail to fill aparticular nomination or office and such failure cannot be
16-14 cured by a run-off primary or election runoff, whenever
16-15 any person elected to public office shall die or withdraw
16-16 prior to taking office, or whenever any person elected to
16-17 public office shall fail to take that office validly, the
16-18 authority authorities with whom the candidates for such
16-19 nomination or office file notice of candidacy shall call a
16-20 special primary or election to fill such position. If a
16-21 special primary will not be held and unless otherwise
16-22 provided by law, the call of a special election shall be
16-23 made within 45 days after the occurrence of the vacancy.
16-24 (b) Whenever any person elected to municipal public office
16-25 shall, after taking office, die, withdraw, or for any
16-26 other reason create a vacancy in his or her office and the
16-27 municipal charter fails to provide a method for the
16-28 filling of such vacancy, the governing authority shall
16-29 thereupon call a special election to fill such vacancy."
16-30 SECTION 16.
16-31 This Act shall become effective on January 1, 2000.
16-32 SECTION 17.
16-33 All laws and parts of laws in conflict with this Act are
16-34 repealed.
-16-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
