05 LC 34
0123
House
Bill 365
By:
Representatives Drenner of the
86th,
Benfield of the
85th,
Mosby of the
90th,
Bruce of the
64th,
Morgan of the
39th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 45-5-1 of the Official Code of Georgia Annotated, relating to
vacating state offices, so as to designate a short title; to add a provision
mandating that any official that changes political party affiliation within 60
days of election or assuming the duties of the office will be deemed to have
vacated the office; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known as the "Truth in Representation Act of 2005."
SECTION
2.
Code
Section 45-5-1 of the Official Code of Georgia Annotated, relating to vacating
state offices, is amended by striking in its entirety subsection (a) and
inserting in its place the following:
"(a)
All offices in the state shall be vacated:
(1)
By the death of the incumbent;
(2)
By resignation, when accepted;
(3)
By decision of a competent tribunal declaring the office vacant;
(4)
By voluntary act or misfortune of the incumbent whereby he is placed in any of
the specified conditions of ineligibility to office;
(5)
By the incumbent ceasing to be a resident of the state or of the county,
circuit, or district for which he was elected;
(6)
By failing to apply for and obtain commissions or certificates or by failing to
qualify or give bond, or both, within the time prescribed by the laws and
Constitution of Georgia;
or
(7)
By abandoning the office or ceasing to perform its duties, or
both.;
or
(8)
By changing political party affiliation within 60 days of election or assuming
the duties of the
office."
SECTION
3.
This
Act shall become effective on July 1, 2005.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.