05 LC 28
2398
House
Bill 761
By:
Representatives Carter of the
159th,
Stephens of the
164th,
Day of the
163rd,
and Jackson of the
161st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act to create the Board of Elections of Chatham County, approved March
29, 1984 (Ga. L. 1984, p. 3784), as amended, particularly by an
Act approved April 19, 2000 (Ga. L. 2000, p. 3784), so as to
change the name of the board; to convert the board from a board of elections to
a combined board of elections and registration; to change the manner of
selecting members of the board; to provide for the filling of vacancies; to
provide for the qualifications of members of the board; to provide for the
transfer of all records, equipment, and other items of the board of registrars
to the combined board; to abolish the board of registrars; 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.
An
Act to create the Board of Elections of Chatham County, approved March 29, 1984
(Ga. L. 1984, p. 3784), as amended, particularly by an Act
approved April 19, 2000 (Ga. L. 2000, p. 3784), by striking
subsection (a) of Section 1 and inserting in lieu thereof the
following:
"(a)
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 Chatham County, hereinafter
referred to as 'the board.' The board shall have the powers, duties, and
responsibilities of the former Board of Elections of Chatham 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 Chatham
County under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code.'"
SECTION
2.
Said
Act is further amended by striking Section 2 and inserting in lieu thereof a new
Section 2 to read as follows:
"SECTION
2.
(a)
The Board of Elections and Registration of Chatham County shall be the successor
to the former Board of Elections of Chatham County. The members of the former
Board of Elections of Chatham County shall continue to serve out the terms to
which they were appointed or elected and, on July 1, 2005, shall constitute the
Board of Elections and Registration of Chatham County. Such members shall serve
until December 31, 2006, and then their terms of office shall end and successors
to such members shall be selected as provided in this section.
(b)
There shall be five members of the board, each of whom shall be an elector of
Chatham County, a resident of Chatham County for a period of at least two years,
and at least 25 years of age at the time of assuming office.
(c)
On and after January 1, 2007, members of the board shall be selected as provided
in this section. Two members shall be appointed by the county executive
committee of the political party whose candidate at the last preceding general
election received the largest number of votes in this state for the office of
Governor. Two members shall be appointed by the county executive committee of
the political party whose candidate at the last preceding general election
received the next largest number of votes in this state for the office of
Governor. The four members so appointed by the county executive committees of
the political parties shall then by majority vote select a fifth member who
shall be the chairperson of the board. Such chairperson shall be appointed by
the four board members within 90 days after January 1 in each even-numbered
year. If, at the end of such 90 day period, such members have not been able to
agree upon the appointment of a chairperson, such chairperson shall be appointed
by a majority vote of the governing authority of Chatham County who must make
their selection from a list of five names provided by the legislative delegation
from Chatham County in the Georgia General Assembly. Such chairperson shall
take office upon appointment and shall serve until January 1 of the next
even-numbered year and until his or her successor is appointed and
qualified.
(d)
Of the two initial members appointed by the executive committee of the political
party whose candidate at the last preceding general election received the
largest number of votes in this state for the office of Governor, one of the
persons so appointed, who shall be designated by the executive committee, shall
serve a term of office beginning on January 1, 2007, and expiring on
December 31, 2008, and one of the persons so appointed, who shall be
designated by the executive committee, shall serve a term of office beginning on
January 1, 2007, and expiring on December 31, 2010, and until their successors
are appointed and qualified. Of the two initial members appointed by the
executive committee of the political party whose candidate at the last preceding
general election received the next largest number of votes in this state for the
office of Governor, one of the persons so appointed, who shall be designated by
the executive committee, shall serve a term of office beginning on
January 1, 2007, and expiring on December 31, 2008, and one of the
persons so appointed, who shall be designated by the executive committee, shall
serve a term of office beginning on January 1, 2007, and expiring on
December 31, 2010, and until their successors are appointed and qualified.
Thereafter, the appointees of the political parties shall serve four year terms
of office and until their successors are appointed and qualified.
(e)
Successors to those members appointed by the political parties shall be
appointed in the same manner as the initial appointees. The county executive
committee of the political party that appointed a member shall fill by
appointment any vacancy that occurs in the office of such member for the
remainder of the unexpired term. In the event of a vacancy in the office of
chairperson, the four members appointed by the county executive committees of
the political parties shall by majority vote select a qualified person to fill
the office of chairperson for the unexpired term within 90 days after the
occurrence of the vacancy. If, at the end of such 90 day period, such members
have not been able to agree upon the appointment of a chairperson, such
chairperson shall be appointed by a majority vote of the governing authority of
Chatham County who must make their selection from a list of five names provided
by the legislative delegation from Chatham County in the Georgia General
Assembly.
(f)
In the event that a political party entitled to appoint members under this
section does not have a county executive committee, such appointment shall be
made by the state executive committee of such party.
(g)
The appointment of each member shall be made by the appointing
authoritýs
filing with the clerk of the Superior Court of Chatham County an affidavit
stating the name and residence address of the person appointed and certifying
that 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 court and shall certify the name of each such member to the Secretary of
State and provide for the issuance of appropriate commissions to the members and
chairperson within the same time and in the same manner as provided by law for
registrars.
(h)
No person who holds or is a candidate for an elective or appointive public
office, who is a salaried employee of the governing authority of Chatham County
or of a municipality located within such county, or who is a member of any
commission appointed by the governing authority of Chatham County or any
municipality located within such county shall be eligible for appointment to the
board if the person has so served within three months immediately preceding the
persońs
becoming a member of the board; provided, however, that the chairperson and
members of the board shall be eligible to succeed themselves.
(i)
A member of the board may be removed from office for misfeasance or malfeasance
in office on the grounds of and in the manner prescribed for the removal of
clerks of the superior court as provided in Code Section 15-6-82 of the
O.C.G.A."
SECTION
3.
Said
Act is further amended by adding a new Section 3A to read as
follows:
"SECTION
3A.
On
July 1, 2005, the board of registrars of Chatham 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 registrars of Chatham County shall be
abolished."
SECTION
4.
This
Act shall become effective on July 1, 2005.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.