06 LC
25 4169/AP
House
Bill 1079 (AS PASSED HOUSE AND SENATE)
By:
Representative Greene of the
149th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a board of elections for Randolph County; to define its powers and
duties concerning primaries and elections; to define certain terms; to provide a
method for appointment, resignation, and removal of its members; to provide for
the qualifications and terms of its members; to provide for a chairperson,
clerical assistants, and other employees; to provide for compensation of such
persons and the members of the board; to provide for facilities; to relieve the
judge of the probate court from certain responsibilities; to provide for
submission under the federal Voting Rights Act of 1965, as amended; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Pursuant
to Code Section 21-2-40 of the Official Code of Georgia Annotated, there is
created the board of elections of Randolph County which shall have jurisdiction
over the conduct of primaries and elections in such county in accordance with
the provisions of this Act, which board of elections is sometimes referred to as
the "board" in this Act.
SECTION
2.
The
words "election," "elector," "political party," "primary," "public office,"
"special election," and "special primary" shall have the same meaning ascribed
to those words by Code Section 21-2-2 of the Official Code of Georgia Annotated,
unless otherwise clearly apparent from the text of this Act.
SECTION
3.
The
board of elections shall be composed of three members, each of whom shall be an
elector and resident of the county and who shall be appointed as provided in
this section. One member of the board of elections 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 the member, and one member of the board of elections 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 the member. Each of the two
appointments by political parties shall be made as follows: the member shall be
nominated by the chairperson and ratified by the county executive committee of
each of the above-designated political parties 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. The remaining member of the board shall be selected by
the county governing authority. In making the initial appointments to the board,
the members shall be selected within 30 days following the effective date of
this Act. Initial members of the board shall serve until December 31, 2008, and
until their successors are duly appointed and qualified. Thereafter, successors
shall be appointed for terms of four years and until their successors are duly
appointed and qualified. The member selected by the county governing authority
shall serve as chairperson of the board.
SECTION
4.
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 qualifying as a candidate for elective public office shall be deemed
vacant upon such
membeŕs
qualifying as a candidate for elective public office. Further, no immediate
family member of an elected public official shall be eligible to serve as a
member during the elected
officiaĺs
term of office. For purposes of this section, the term "immediate family" has
the meaning provided by Code Section 21-5-70 of the Official Code of Georgia
Annotated.
SECTION
5.
Certification
of the appointment of each member shall be made by the governing authority of
the county filing an affidavit with the clerk of the superior court no later
than 15 days preceding the date at which such member is to take office, stating
the name and residential 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 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 succeed himself or herself, shall have
the right to resign at any time by giving written notice of his or her
resignation to the appointing body and to the clerk of the superior court, and
shall be subject to removal from the board at any time, for cause after notice
and hearing, in the same manner and by the same authority as provided for
removal of registrars.
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 body 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 interim appointments and record and certify
such appointments in the same manner as the regular appointment of
members.
SECTION
8.
Before
entering upon his or her 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.
The
board of elections shall:
(1)
With regard to the preparation for, conduct, and administration of elections,
succeed to and exercise all duties and powers granted to and incumbent upon the
judge of the probate court pursuant to Title 21 of the Official Code of Georgia
Annotated or any other provision of law;
(2)
With regard to preparation for the conduct of primaries, succeed to all the
duties and powers granted to and incumbent upon the judge of the probate court
by Title 21 of the Official Code of Georgia Annotated; and
(3)
Formulate, adopt, and promulgate rules and regulations, consistent with law and
the rules and regulations of the state executive committee of each political
party, governing the conduct of primaries to the end that, insofar as
practicable, all primaries shall be uniformly conducted by the board of
elections, poll workers shall be properly trained, and voters shall be
adequately informed and instructed. Any rule or regulation promulgated by a
county executive committee under the provisions of Code Section 21-2-111 of the
Official Code of Georgia Annotated shall be null and void if in conflict with a
valid rule or regulation of the board of elections.
SECTION
10.
The
board shall be responsible for the selection, appointment, and training of poll
workers in 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.
SECTION
11.
Thirty
days after the date this Act may lawfully be implemented under the federal
Voting Rights Act of 1965, as amended, the judge of the probate court of
Randolph County shall be relieved from all powers and duties to which the board
of elections succeeds by the provisions of this Act and shall deliver thereafter
to the chairperson of the board, upon his or her written request, the custody of
all equipment, supplies, materials, books, papers, records, and facilities of
every kind pertaining to such powers and duties.
SECTION
12.
The
chairperson of the board of elections shall be the chief executive officer of
the board of elections and shall generally supervise, direct, and control the
administration of the affairs of the board of elections pursuant to law and duly
adopted resolutions of the board of elections. The board of elections shall fix
and establish by appropriate resolution entered on its minutes directives
governing the execution of matters within its jurisdiction.
SECTION
13.
Compensation
for the members of the board of elections, clerical assistants, and other
employees shall be such as may be fixed by the governing authority of the
county. Said compensation shall be paid wholly from county funds.
SECTION
14.
The
governing authority of the county shall provide the board with such proper and
suitable offices and with such clerical assistants and other employees as the
governing authority shall deem appropriate.
SECTION
15.
The
governing authority of Randolph County shall through its legal counsel cause
this Act to be submitted for preclearance under 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
16.
All
laws and parts of laws in conflict with this Act are repealed.