06 LC 38
0101/AP
House
Bill 1494 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
113th
and Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Morgan 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 and terms of members; to provide for employees of
the board; 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 compensation of personnel;
to provide for offices and equipment; to provide for construction; to provide
for the
board́s
performance of certain functions and duties for certain municipalities; 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 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.
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 Morgan County, hereinafter referred to as
"the board." The board shall have the powers and duties of the former Morgan
County election superintendent relating to the conduct of primaries and
elections and shall have the powers and duties of the Morgan 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 meanings 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 Morgan County and "county" means Morgan County.
SECTION
3.
(a)
The board shall be composed of five members, each of whom shall have been a
resident of Morgan County for a minimum of one year prior to appointment and
shall be registered to vote in Morgan County. One member shall be appointed by
the board of commissioners of Morgan County. Two members shall be appointed by
the chairperson of the county executive committee of 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 such
member. Two members shall be appointed by the chairperson of the county
executive committee of 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 such
member.
(b) The initial term of three members shall expire December 31, 2009, and upon the appointment and qualification of their respective successors. The initial terms of office of the remaining members of the board shall expire December 31, 2011, and upon the appointment and qualification of their respective successors.
(b) The initial term of three members shall expire December 31, 2009, and upon the appointment and qualification of their respective successors. The initial terms of office of the remaining members of the board shall expire December 31, 2011, and upon the appointment and qualification of their respective successors.
SECTION
4.
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 himself or herself and shall have the
right to resign at any time by giving written notice of such resignation to the
appointing authority; and
(3)
Serve until his or her successor is appointed and duly qualified.
There
shall be no limit to the number of terms a member may serve.
SECTION
5.
The
board shall appoint a person to serve as chairperson of the board. The
chairperson shall be elected on an annual basis, at the first meeting of each
year of the board, by vote of the board in the same manner as any other vote.
The chairperson shall preside over all meetings of the board and shall only vote
in the event of a tie.
SECTION
6.
The
board shall operate on a full-time basis and the board shall have the authority
to recommend a supervisor of elections for appointment who shall manage the
day-to-day operations and report directly to the board. The appointment of the
supervisor shall be made by the board of commissioners of Morgan County, which
will consider the recommendation of the board of elections and registration.
The board of commissioners shall be responsible for determining the pay and
salary of the supervisor. The supervisor shall not be a member of the board of
elections and registration. The supervisor of elections shall be considered an
at-will employee of the board of commissioners and shall be eligible for
benefits to be determined in the same manner as for other county
employees.
SECTION
7.
(a)
The board may request additional clerical assistants as needed to efficiently
carry out the duties and functions of the board, on either an independent
contract basis or as a county employee entitled to all benefits as other county
employees, to be decided by the board of commissioners. The board of
commissioners shall be responsible for determining the pay and salary of all
clerical assistants of the board. Any such assistants shall be hired by the
board of commissioners, which will consider the recommendation of the board, and
such assistants shall be at-will employees of the board of
commissioners.
(b) The board of commissioners shall provide suitable offices and funding sufficient to employ the staff and other employees of the board as may be necessary.
(b) The board of commissioners shall provide suitable offices and funding sufficient to employ the staff and other employees of the board as may be necessary.
SECTION
8.
(a)
The board 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
9.
The
board shall be responsible for the selection, appointment, and training of poll
workers in elections.
SECTION
10.
The
board shall have the authority to contract with any municipality or governmental
authority located within the county for the holding by the board of any primary,
election, or referendum to be conducted within the municipality or for the
governmental authority.
SECTION
11.
Should
a vacancy occur on the board, the respective appointing authority shall appoint
a successor to serve the remainder of the unexpired term.
SECTION
12.
No
person holding an 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 of the board shall be deemed vacant upon such
membeŕs
qualifying as a candidate for elective public office.
SECTION
13.
The
board shall not begin its responsibilities and duties to conduct primaries and
elections and to register electors until January 1, 2007, or a later date to be
determined by the board of commissioners, at which time the board shall take
over all functions of the superintendent of elections and board of registrars as
provided in Section 1 of this Act. Until January 1, 2007, or a later date to be
determined by the board of commissioners, the superintendent of elections and
board of registrars shall continue to conduct and administer primaries and
elections and register electors, respectively. Nothing in this Act shall
prevent the appointment of members to the board, the hiring of an elections
supervisor, the hiring of clerical staff, or any necessary training for the
members of the board, the elections supervisor, and clerical
assistants.
SECTION
14.
The
governing authority of Morgan County shall cause, through its legal counsel,
this Act to be submitted for preclearance under Section 5 of the federal Voting
Rights Act of 1965, as amended, within 45 days after the date on which this Act
is approved by the Governor or otherwise becomes law without such
approval.
SECTION
15.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.