06 LC 28
2799
House
Bill 1306
By:
Representatives May of the
111th,
Hembree of the
67th,
Smith of the
113th,
Roberts of the
154th,
Reese of the
98th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating
to conduct of special elections generally, so as to provide that special
elections regarding the imposition of sales and use taxes shall be held only on
the Tuesday after the first Monday in November in even-numbered years; 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 21-2-540 of the Official Code of Georgia Annotated, relating to conduct
of special elections generally, is amended by striking the Code section and
inserting in lieu thereof a new Code Section 21-2-540 to read as
follows:
"21-2-540.
(a)
Every special election shall be held and conducted in all respects in accordance
with the provisions of this chapter relating to general elections; and the
provisions of this chapter relating to general elections shall apply thereto
insofar as practicable and as not inconsistent with any other provisions of this
chapter. All special elections held at the time of a general election, as
provided by Code Section 21-2-541, shall be conducted by the poll officers by
the use of the same equipment and facilities, so far as practicable, as are used
for such general election.
(b)
At least 29 days shall intervene between the call of a special primary and the
holding of same, and at least 29 days shall intervene between the call of a
special election and the holding of same. The period during which candidates
may qualify to run in a special primary or a special election shall remain open
for a minimum of two and one-half days. Special elections which are to be held
in conjunction with a state-wide general primary or state-wide general election
shall be called at least 60 days prior to the date of such state-wide general
primary or state-wide general election; provided, however, that this requirement
shall not apply to special elections held on the same date as such state-wide
general primary or state-wide general election but conducted completely separate
and apart from such state-wide general primary or state-wide general election
using different ballots or voting equipment, facilities, poll workers, and
paperwork.
(c)(1)
Notwithstanding any other provision of law to the contrary,
except as
otherwise provided in this subsection, a
special election to present a question to the voters or a special primary or
special election to fill a vacancy in a county or municipal office shall be held
only on one of the following dates which is at least 29 days after the date of
the call for the special election:
(A)
In odd-numbered years any such special election shall only be held
on:
(i)
The third Tuesday in March;
(ii)
The third Tuesday in June;
(iii)
The third Tuesday in September; or
(iv)
The Tuesday after the first Monday in November; and
(B)
In even-numbered years any such special election shall only be held
on:
(i)
The third Tuesday in March; provided, however, that in the event that a special
election is to be held under this provision in a year in which a presidential
preference primary is to be held, then any such special election shall be held
on the date of and in conjunction with the presidential preference
primary;
(ii)
The date of the general primary;
(iii)
The third Tuesday in September; or
(iv)
The Tuesday after the first Monday in November.
(2)
The provisions of this subsection shall not apply to:
(A)
Special elections held pursuant to Chapter 4 of this title, the "Recall Act of
1989," to recall a public officer or to fill a vacancy in a public office caused
by a recall election;
and
(B)
Special primaries or special elections to fill vacancies in federal or state
public offices.
(3)
Special elections to present questions to the voters on the approval or
rejection of the imposition of sales and use taxes shall only be conducted on
the Tuesday after the first Monday in November in even-numbered
years.
(d)
Except as otherwise provided by this chapter, the superintendent of each county
or municipality shall publish the call of the special election.
(e)
Candidates in special elections for partisan offices shall be listed on the
ballot according to party
affiliation."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.