05 LC 28
1868
House
Bill 89
By:
Representative Coleman of the
144th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 21-2-134 of the Official Code of Georgia Annotated, relating
to the withdrawal, death, or disqualification of candidates, so as to provide
that, when a candidate withdraws, the election superintendent shall cause the
name of such withdrawn candidate to be removed from the ballot if possible; to
provide that no candidate may withdraw within ten days of a primary or election;
to provide that certain notices shall be given to voters concerning such
withdrawals; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 21-2-134 of the Official Code of Georgia Annotated, relating to the
withdrawal, death, or disqualification of candidates, is amended by striking
subsection (a) and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)(1)
A candidate nominated at any primary election or nominated by means other than a
primary may withdraw as a candidate at the ensuing general election by filing a
notarized affidavit of withdrawal with the Secretary of State, if nominated for
a state office; the county superintendent, if nominated for a county office; or
the municipal superintendent, if nominated for a municipal
office;
provided, however, that no candidate shall be permitted to withdraw during the
period beginning ten days prior to a general
election. The qualifying fee shall not be
returned to the candidate. If the ballots have been printed, the Secretary of
State or the county or municipal superintendent
may
shall
reprint the ballots to omit the name of the withdrawn
candidate.
if sufficient
time exists to do so. The county or municipal superintendent, as appropriate,
shall also cause any direct recording electronic voting equipment being used in
such election to be reprogrammed to omit such
candidatés
name from the ballot. All votes cast for
the withdrawn candidate shall be void and shall not be counted.
Prominent
If it is not
possible to remove such
candidatés
name from the ballot, prominent notices
shall be posted in all polling places in which the name of the withdrawn
candidate appears on the ballot stating that the candidate has withdrawn and
that all votes cast for such withdrawn candidate shall be void and shall not be
counted and
each voter shall be given a copy of such notice in writing prior to
voting. No vacancy on the ballot for a
general election or for a nonpartisan election shall be filled except by reason
of the withdrawal, death, or disqualification of a candidate.
(2)
A candidate in a general or special primary may withdraw as a candidate after
qualifying but prior to the date of the general or special primary by filing a
notarized affidavit of withdrawal with the Secretary of State, if qualifying for
a state office; the county election superintendent, if qualifying for a county
office; or the municipal superintendent, if qualifying for a municipal
office;
provided, however, that no candidate shall be permitted to withdraw during the
period beginning ten days prior to a general or special
primary. A candidate of a political body
or an independent candidate in a general or special election may withdraw as a
candidate after qualifying but prior to the date of the general or special
election by filing a notarized affidavit of withdrawal with the Secretary of
State, if qualifying for a state office; the county election superintendent, if
qualifying for a county office; or the municipal superintendent, if qualifying
for a municipal
office;
provided, however, that no candidate shall be permitted to withdraw during the
period beginning ten days prior to a general or special
election. The qualifying fee shall not be
returned to the candidate. If the ballots have been printed, the Secretary of
State, the county election superintendent, or the municipal superintendent
may
shall
reprint the ballots to omit the name of the withdrawn candidate
if sufficient
time exists to do so.
The county or
municipal superintendent, as appropriate, shall also cause any direct recording
electronic voting equipment being used in such primary or election to be
reprogrammed to omit such
candidatés
name from the ballot. All votes cast for
the withdrawn candidate shall be void and shall not be counted.
Prominent
If it is not
possible to remove such
candidatés
name from the ballot, prominent notices
shall be posted in all polling places in which the name of the withdrawn
candidate appears on the ballot stating that the candidate has withdrawn and
that all votes cast for such withdrawn candidate shall be void and shall not be
counted and
each voter shall be given a copy of such notice in writing prior to
voting."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.