06 LC 28
3065/AP
House
Bill 1650 (AS PASSED HOUSE AND SENATE)
By:
Representative Hatfield of the
177th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Ware 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 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 Ware County, hereinafter referred to as
"the board." The board shall have the powers, duties, and responsibilities of
the superintendent of elections of Ware County under Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," presently being exercised by the Ware
County Board of Elections, and the powers, duties, and responsibilities of the
board of registrars of Ware 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 meanings 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 Ware County and "county" means Ware County.
SECTION
3.
(a)
The board shall be composed of five members, each of whom shall be an elector
and resident of the county and who shall be appointed as provided in this
section.
(b) Two members of the board shall be appointed by 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 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 of these respective members appointed by political parties shall be nominated by the party chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party.
(c) The fifth member shall be selected by the four members of the board appointed by the political parties and shall serve as chairperson. In the event that the four members appointed by the political parties cannot agree on a fifth member within 30 days after taking office, such members shall submit to the chief judge of the Superior Court of Ware County a list of not more than four names of persons eligible for such position and the chief judge shall select the fifth member from such list based upon the information and qualifications of each candidate submitted by the four members appointed by the political parties.
(d) All appointments to the board shall be promptly certified to the clerk of the Superior Court of Ware County.
(e) In making the initial appointments to the board, the four members appointed by the political parties shall be selected by political parties not later than June 1, 2006. Each political party shall designate one of its appointees to serve a term beginning on July 1, 2006, and ending on June 30, 2007, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. The other appointees of each political party shall serve terms beginning on July 1, 2006, and ending on June 30, 2009, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2009, and until their successors are duly appointed and qualified.
(f) The fifth member shall be selected by the four members appointed by the parties no later than thirty days after such four members take office and such fifth member shall serve from the date of his or her appointment until June 30, 2009, and until his or her successor is duly appointed and qualified. Successors shall be appointed in the same manner as the initial appointment for a term of office of four years and until a successor is duly appointed and qualified.
(b) Two members of the board shall be appointed by 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 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 of these respective members appointed by political parties shall be nominated by the party chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party.
(c) The fifth member shall be selected by the four members of the board appointed by the political parties and shall serve as chairperson. In the event that the four members appointed by the political parties cannot agree on a fifth member within 30 days after taking office, such members shall submit to the chief judge of the Superior Court of Ware County a list of not more than four names of persons eligible for such position and the chief judge shall select the fifth member from such list based upon the information and qualifications of each candidate submitted by the four members appointed by the political parties.
(d) All appointments to the board shall be promptly certified to the clerk of the Superior Court of Ware County.
(e) In making the initial appointments to the board, the four members appointed by the political parties shall be selected by political parties not later than June 1, 2006. Each political party shall designate one of its appointees to serve a term beginning on July 1, 2006, and ending on June 30, 2007, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. The other appointees of each political party shall serve terms beginning on July 1, 2006, and ending on June 30, 2009, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2009, and until their successors are duly appointed and qualified.
(f) The fifth member shall be selected by the four members appointed by the parties no later than thirty days after such four members take office and such fifth member shall serve from the date of his or her appointment until June 30, 2009, and until his or her successor is duly appointed and qualified. Successors shall be appointed in the same manner as the initial appointment for a term of office of four years and until a successor is duly appointed and qualified.
SECTION
4.
(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 Ware County and must have been registered voters in Ware County for a period of at least one year prior to the date of their appointment to the board.
(c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Ware County nor shall any member of the board be an agent, an appointed official, or employee of, or work directly for, any agency of state government, Ware County, or any municipality for which the board conducts municipal elections.
(b) Members of the board must be residents of Ware County and must have been registered voters in Ware County for a period of at least one year prior to the date of their appointment to the board.
(c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Ware County nor shall any member of the board be an agent, an appointed official, or employee of, or work directly for, any agency of state government, Ware County, or any municipality for which the board conducts municipal elections.
SECTION
5.
The
appointing authorities shall certify the appointment of each member by filing an
affidavit with the clerk of the superior court no later than 15 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. 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
6.
Each
member of the board shall be eligible to serve consecutive terms of office,
shall have the right to resign at any time by giving written notice of such
resignation to the appointing authority and to the clerk of the superior court,
and shall be subject to removal from the board by the appointing authority at
any time, for cause, after notice and hearing.
SECTION
7.
In
the event a vacancy occurs in the office of any appointed member before the
expiration of his or her term, by removal, death, resignation, or otherwise, the
original appointing authority shall appoint a successor to serve the remainder
of the unexpired term as provided for in Section 3 of this Act. 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.
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)
The board shall be authorized to organize itself, 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
the affairs committed to its supervision; provided, however, that no such action
shall conflict with state law. Action and decision by the board shall be by a
majority of the members of the board. The board shall be responsible for the
selection, appointment, and training of poll workers in primaries and elections
and such workers shall be appointed, insofar as practicable, from lists provided
to the board by the county executive committee of each political
party.
(b) 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 regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any three members of the board. 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.
(b) 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 regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any three members of the board. 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.
SECTION
10.
The
board shall have the authority to contract with any municipality located within
Ware County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
11.
(a)
The board shall be authorized to appoint an election supervisor to generally
supervise, 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 not be a member of the board and shall not be an elected public
official or an officer of a political party or body. The election supervisor
may be a part-time employee.
(b) The board shall be authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board.
(b) The board shall be authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board.
SECTION
12.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the governing authority of Ware County. Such
compensation shall be paid wholly from county funds.
SECTION
13.
The
governing authority of Ware County shall provide the board with such proper and
suitable offices, equipment, materials, and supplies and with such clerical
assistance and other employees as the governing authority of Ware County deems
appropriate.
SECTION
14.
The
Board of Commissioners of Ware County shall through its legal counsel cause this
Act to be submitted for preclearance under Section 5 of the federal Voting
Rights Act of 1965, as amended, and such submission shall be made to the United
States Department of Justice or filed with the appropriate court no later than
45 days after the date on which this Act is approved by the Governor or
otherwise becomes law without such approval.
SECTION
15.
This
Act shall become effective on 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, 2006. Upon this
Act becoming fully effective, the Board of Elections of Ware County and the
board of registrars of Ware 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. On such date, the Board of Elections of
Ware County and the board of registrars of Ware County shall be
abolished.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.