05 HB 146/AP
House
Bill 146 (AS PASSED HOUSE AND SENATE)
By:
Representatives Channell of the
116th,
Parham of the
141st,
and Hudson of the
124th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Putnam County and to provide
for its powers and duties; to provide for definitions; to provide for the
composition of the board and the selection and appointment of members; to
provide for the qualification, terms, and removal of members; to provide for
oaths and privileges; to provide for meetings, procedures, and vacancies; to
relieve certain officers of powers and duties and to provide for the transfer of
functions to the newly created board; to provide for certain expenditures of
public funds; to provide for compensation of members of the board and personnel;
to provide for offices and equipment; to provide for the
board́s
performance of certain functions and duties for certain municipalities; to
provide for related matters; to provide for submission for preclearance under
Section 5 of the federal Voting Rights Act of 1965, as amended; to provide
effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Pursuant
to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the
Board of Elections and Registration of Putnam County, hereinafter referred to as
"the board." The board shall have the powers, duties, and responsibilities of
the judge of the probate court of Putnam County under Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," and the powers, duties, and
responsibilities of the board of registrars of Putnam County under Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION
2.
The
terms "election," "elector," "political party," "primary," and "public office"
shall have the same meaning as set forth in Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from
the text of this Act, and the term "commissioners" means the Board of
Commissioners of Putnam County and "county" means Putnam County.
SECTION
3.
(a)
The board shall be composed of five members who shall be appointed as provided
in this section.
(b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each appointment shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event that the members of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the governing authority of Putnam County. In the event that there is no county executive committee of a political party, the appointments on behalf of such political party shall be made by the state executive committee of such party.
(c) One member of the board shall be selected by the governing authority of Putnam County.
(d) All appointments to the board shall be promptly certified by the appointing authority of Putnam County to the clerk of the Superior Court of Putnam County.
(e) The initial appointees to the board shall take office on July 1, 2005. The member appointed by the governing authority of Putnam County and one of the two members appointed by each political party shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning July 1, 2009, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The executive committees of each political party making the initial appointments under this section shall designate which term each appointee shall serve.
(f) The member of the board appointed by the governing authority of Putnam County shall serve as chairperson.
(b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each appointment shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event that the members of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the governing authority of Putnam County. In the event that there is no county executive committee of a political party, the appointments on behalf of such political party shall be made by the state executive committee of such party.
(c) One member of the board shall be selected by the governing authority of Putnam County.
(d) All appointments to the board shall be promptly certified by the appointing authority of Putnam County to the clerk of the Superior Court of Putnam County.
(e) The initial appointees to the board shall take office on July 1, 2005. The member appointed by the governing authority of Putnam County and one of the two members appointed by each political party shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning July 1, 2009, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The executive committees of each political party making the initial appointments under this section shall designate which term each appointee shall serve.
(f) The member of the board appointed by the governing authority of Putnam County shall serve as chairperson.
SECTION
4.
The
board shall be authorized to appoint a person to serve as the election
supervisor of Putnam County. Such position shall be full-time and such person
shall be paid a salary to be set by the board and payable from county funds.
The election supervisor shall generally direct and control the administration of
the affairs of the board pursuant to law and duly adopted resolutions of the
board. The election supervisor shall be supervised by the board and shall be
subject to removal from office by the board, with or without cause, and shall be
subject to removal from office by the Board of Commissioners of Putnam County
pursuant to the Putnam County personnel policy in effect at the time, hereby
making the election supervisor subject to such personnel policy.
SECTION
5.
Each
member of the board shall:
(1)
Be eligible to be reappointed to succeed such member up to a total of two full
four-year terms of office;
(2)
Have the right to resign at any time by giving written notice of such
resignation to the governing authority of Putnam County and to the clerk of the
superior court; and
(3)
Be subject to removal from the board at any time, for cause, after notice and
hearing, by the chief judge of the Superior Court of Putnam County.
SECTION
6.
(a)
The appointing authority shall certify the appointment of each member of the
board by filing an affidavit with the clerk of the superior court no later than
30 days preceding the date upon which such members are to take office, stating
the name and residential address of the person appointed and certifying such
member has been duly appointed as provided in this
Act.
(b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
(b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION
7.
In
the event a vacancy occurs in the office of any member before the expiration of
his or her term, by removal, death, resignation, or otherwise, the appointing
authority which is required under Section 3 of this Act to make the appointment
to the office upon the expiration of the term shall appoint a successor to serve
the remainder of the unexpired term as provided for in Section 3 of this
Act. If the vacancy in office is not filled within 60 days after it occurs, the
vacancy shall be filled for the remainder of the term by the governing authority
of Putnam County. The clerk of the superior court shall be notified of such
interim appointments and record and certify such appointments in the same manner
as the regular appointment of members.
SECTION
8.
(a)
The first members of the board under this Act shall be appointed as provided in
this Act to take office on July 1, 2005. The board shall take no official
action until all members have been certified to the clerk of the Superior Court
of Putnam County.
(b) Before entering upon the membeŕs duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
(b) Before entering upon the membeŕs duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
SECTION
9.
(a)
No person who holds elective public office shall be eligible to serve as a
member of the board during the term of such elective office, and the position of
any member of the board shall be deemed vacant upon such
membeŕs
qualifying as a candidate for elective public
office.
(b) Members of the board must be residents of Putnam County and must have been registered voters in Putnam County for a period of at least one year prior to the date of appointment to the board.
(b) Members of the board must be residents of Putnam County and must have been registered voters in Putnam County for a period of at least one year prior to the date of appointment to the board.
SECTION
10.
(a)
Nothing in this Act shall be construed to require or prohibit joint primaries or
to require or prohibit the commissioners or any other public agency to bear any
expense of conducting primaries not otherwise required by
law.
(b) The board shall have the authority to contract with any municipality located within Putnam County for the holding by the board of any primary or election to be conducted within such municipality.
(b) The board shall have the authority to contract with any municipality located within Putnam County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION
11.
With
the approval of the commissioners, the board shall be authorized to expend
public funds for the purpose of preparing and distributing material solely to
inform and instruct electors of the county adequately with regard to elections.
No material distributed by the board shall contain or express, in any manner or
form, any commentary or expression of opinion or request for support with
respect to any political issue or matter of political concern.
SECTION
12.
(a)
The board shall be authorized and empowered to organize itself, elect from among
its members a vice chairperson, determine its procedural rules and regulations,
adopt bylaws, specify the functions and duties of its employees, and otherwise
take such action as is appropriate to the management of its affairs; provided,
however, that no such action shall conflict with state
law.
(b) Action and decision by the board shall be by a majority of the members of the board.
(b) Action and decision by the board shall be by a majority of the members of the board.
SECTION
13.
(a)
The board shall fix and establish, by appropriate resolution entered on its
minutes, directives governing the execution of matters within its jurisdiction.
The board shall hold meetings at the county courthouse or at the place of
meeting of the commissioners. Any specially called meetings held pursuant to
the bylaws adopted by the board shall be held only after notification of the
time and place of the holding of such special meeting has been communicated in
writing to the election supervisor to provide public notice of the meeting as
required by law. All meetings of whatever kind of the board shall be conducted
pursuant to Chapter 14 of Title 50 of the
O.C.G.A.
(b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
(b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
SECTION
14.
(a)
The chairperson of the board of elections and registration shall chair all
meetings of the board and be the spokesperson for the
board.
(b) Compensation for the members of the board shall be fixed by the commissioners.
(c) All amounts payable under this section shall be paid from the funds of Putnam County.
(b) Compensation for the members of the board shall be fixed by the commissioners.
(c) All amounts payable under this section shall be paid from the funds of Putnam County.
SECTION
15.
Subject
to appropriation of funds by the commissioners, the board shall be authorized to
expend public funds to provide for such proper and suitable administrative
offices and for such clerical assistants and other employees as the board shall
deem appropriate. Such clerical assistants and other employees shall be subject
to removal from office by the Board of Commissioners of Putnam County pursuant
to the Putnam County personnel policy in effect at the time, hereby making such
clerical assistants and other employees subject to such personnel policy.
Compensation for such administrative personnel shall be paid by the board under
the county personnel system wholly from county funds. This section shall not be
construed so as to require the board to expend any funds simply because it is
authorized to do so under this Act.
SECTION
16.
The
board shall be responsible for the selection, appointment, and training of poll
workers.
SECTION
17.
The
Board of Commissioners of Putnam County shall cause, through its legal counsel,
this Act to be submitted for preclearance under Section 5 of the federal Voting
Rights Act of 1965, as amended, within 45 days after the date on which this Act
is approved by the Governor or otherwise becomes law without such
approval.
SECTION
18.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval for purposes of making initial appointments
to the board only. This Act shall become fully effective on July 1, 2005. Upon
this Act becoming fully effective, the superintendent of elections of Putnam
County and the board of registrars of Putnam County shall be relieved of all
powers and duties to which the board succeeds by the provisions of this Act and
shall deliver to the board all equipment, supplies, materials, books, papers,
records, and facilities pertaining to such powers and duties.
SECTION
19.
All
laws and parts of laws in conflict with this Act are repealed.