06 LC 38
0045
House
Bill 1271
By:
Representative Jenkins of the
8th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Rabun 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 the submission of this Act for
approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as
amended; to provide an effective date; 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 Rabun County, hereinafter referred to as
"the board." The board shall have the powers and duties of the former Rabun
County election superintendent relating to the conduct of primaries and
elections and shall have the powers and duties of the Rabun County Board of
Registrars relating to the registration of voters and absentee balloting
procedures.
SECTION
2.
The
terms "election," "elector," "political party," "primary," and "public office"
shall have the same meaning 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 Rabun County and "county" means Rabun County.
SECTION
3.
(a)
The board shall be composed of three members, each of whom shall be an elector
and a resident of Rabun County. All members of the board shall be appointed by
the Board of Commissioners of Rabun County. The Rabun County Board of Elections
and Registration shall select a chairperson from among its members.
(b) The initial terms of office of two members, as designated in their appointment, shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire December 31, 2010, and upon the appointment and qualification of their respective successors. The initial term of office of the remaining member of the board shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire December 31, 2008, and upon the appointment and qualification of his or her successor. Successors to members of the board whose terms of office are to expire shall be appointed to take office on the first day of January immediately following the expiration of such terms of office and shall serve for terms of four years each until their successors are duly appointed and qualified. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Rabun County.
(b) The initial terms of office of two members, as designated in their appointment, shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire December 31, 2010, and upon the appointment and qualification of their respective successors. The initial term of office of the remaining member of the board shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire December 31, 2008, and upon the appointment and qualification of his or her successor. Successors to members of the board whose terms of office are to expire shall be appointed to take office on the first day of January immediately following the expiration of such terms of office and shall serve for terms of four years each until their successors are duly appointed and qualified. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Rabun County.
SECTION
4.
The
board shall appoint a person to serve as the supervisor of elections of Rabun
County. Such position shall be full time and such person shall be paid a salary
to be set by the board and payable from county funds. The supervisor of
elections shall generally direct and control the administration of elections and
voter registration in Rabun County. The supervisor of elections shall be
supervised by the board and shall be subject to removal from office by the
board, with or without cause. The supervisor of elections shall not be a member
of the board nor an elected official.
SECTION
5.
Each
member of the board shall:
(1)
Serve for a term of four years and until a successor is appointed and qualified,
except that initial terms of office shall be as provided in subsection (b) of
Section 3 of this Act;
(2)
Be eligible to be reappointed to succeed such member and shall have the right to
resign at any time by giving written notice of such resignation to the
commissioners and to the clerk of the Superior Court of Rabun County;
and
(3)
Be subject to removal from the board at any time for cause, after notice and
hearing, by the judge of the Superior Court of Rabun County.
SECTION
6.
(a)
The appointment of each member, except the initial members, shall be evidenced
by the appointing authority filing an affidavit with the clerk of the Superior
Court of Rabun County no later than 30 days preceding the date on which such
member is to take office 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 appointment of the initial members of the board shall be evidenced
by the appointing authority filing an affidavit with the clerk of the Superior
Court of Rabun County immediately following that appointment 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 of Rabun County shall be notified of interim appointments and shall record
and certify such appointments in the same manner as the regular appointment of
members.
(b) The clerk of the Superior Court of Rabun County shall record each certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
(b) The clerk of the Superior Court of Rabun County shall record each certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
SECTION
7.
In
the event a vacancy occurs in the office of any member before the expiration of
a term, by reason of removal, death, resignation, or otherwise, the appointing
authority which is required under Section 3 of this Act to make the appointment
to the office upon the expiration of the term shall appoint a successor to serve
for the remainder of the unexpired term in the manner set forth in Section 3 of
this Act.
SECTION
8.
(a)
Before entering upon the duties of office, each member shall take substantially
the same oath as required by law for county registrars and shall have the same
privileges from arrest.
(b) The board shall take no official action until all members have been certified to the clerk of the Superior Court of Rabun County.
(b) The board shall take no official action until all members have been certified to the clerk of the Superior Court of Rabun County.
SECTION
9.
(a)
The Board of Elections and Registration of Rabun County shall be empowered with
all the powers and duties relating to the conduct of primaries and elections as
election superintendents pursuant to the provisions of Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election
Code."
(b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
(b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
SECTION
10.
No
person who holds elective public office shall be eligible to serve as a member
of the board during the term of such elective public office, and the position of
membership of any member shall be deemed vacant upon such
membeŕs
qualifying as a candidate for an elective public office
SECTION
11.
Any
rule or regulation promulgated by a county executive committee of a political
party under the provisions of subsection (c) of Code Section 21-2-111 of the
O.C.G.A. with regard to the conduct of primaries shall be null and void if in
conflict with a valid rule or regulation of the board.
SECTION
12.
(a)
Nothing in this Act shall be construed to require or prohibit joint primaries or
to require or prohibit the commissioners or any other public agency to bear any
expense of conducting primaries not otherwise required by
law.
(b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Rabun County if such municipal corporation has entered into a contract for that purpose with the Board of Commissioners of Rabun County.
(b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Rabun County if such municipal corporation has entered into a contract for that purpose with the Board of Commissioners of Rabun County.
SECTION
13.
With
the approval of the commissioners, the board shall be authorized to expend
public funds for the purpose of preparing and distributing material solely to
inform and instruct electors of the county adequately with regard to elections.
No material distributed by the board shall contain or express, in any manner or
form, any commentary or expression of opinion or request for support with
respect to any political issue or matter of political concern.
SECTION
14.
(a)
The board shall be authorized and empowered to organize itself, may elect from
among its membership a vice chairperson, shall determine its procedural rules
and regulations, adopt bylaws, specify the functions and duties of its
employees, and otherwise take such actions as are appropriate to the management
of its affairs; provided, however, that no such action shall conflict with
general law.
(b) Action and decision by the board shall be by majority vote of the members of the board.
(b) Action and decision by the board shall be by majority vote of the members of the board.
SECTION
15.
(a)
The board shall fix and establish by appropriate resolution entered in its
minutes directives governing the execution of matters within its jurisdiction.
The board shall hold meetings in the election offices. Any specially called
meetings held pursuant to the bylaws adopted by the board shall be held only
after notification of the time and place of the holding of such meeting has been
communicated in writing to the supervisor of elections to provide public notice
of the meeting as required by law. All meetings of whatever kind of the board
shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating
to open meetings.
(b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
(b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
SECTION
16.
(a)
The chairperson of the board of elections and registration shall chair all
meetings of the board and be the spokesperson for the
board.
(b) The members of the board shall receive such compensation for their services as members of the board as may be determined by the Board of Commissioners of Rabun County. In addition thereto, they shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(c) All amounts payable under this section shall be paid from the funds of Rabun County.
(b) The members of the board shall receive such compensation for their services as members of the board as may be determined by the Board of Commissioners of Rabun County. In addition thereto, they shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(c) All amounts payable under this section shall be paid from the funds of Rabun County.
SECTION
17.
Subject
to appropriation of funds by the commissioners, the board shall be authorized to
expend public funds to provide for such proper and suitable administrative
offices and for such clerical assistants and other employees as the board shall
deem appropriate. Compensation for such administrative personnel shall be paid
by the board under the county personnel system wholly from county funds. The
section shall not be construed so as to require the board to expend any funds
simply because they are authorized to do so under this Act. Employees of the
board shall be considered county employees for pay, benefits, personal leave,
and for other purposes.
SECTION
18.
On
the first day of the month following the month in which this Act is approved by
the Governor or in which it becomes law without such approval, the election
superintendent of Rabun County and the board of registrars of Rabun County shall
be relieved of all powers and duties to which the board succeeds by the
provisions of this Act; and they 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
19.
The
governing authority of Rabun 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
20.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
21.
All
laws and parts of laws in conflict with this Act are repealed.