06 LC 21
8922S
The
House Committee on State Planning and Community Affairs - Local
Legislation
offers
the following substitute to HB 1555:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act entitled "An Act to provide a new charter for the City of
Stockbridge," approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as
to provide for council districts; to provide for the election of the mayor and
councilmembers; to provide for residency; to provide for submission of this Act
for preclearance 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.
An
Act entitled "An Act to provide a new charter for the City of Stockbridge,"
approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by
striking in its entirety Section 2.11 and inserting in lieu thereof the
following:
"SECTION
2.11.
(a)
At any election, all persons who are qualified under the Constitution and laws
of Georgia to vote for members of the General Assembly of Georgia and who are
bona fide residents of said city shall be eligible to qualify as voters in the
election.
(b)
All primaries and elections shall be held and conducted in accordance with
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or
hereafter amended.
(c)
For purposes of electing members of the commission of the City of Stockbridge,
the City of Stockbridge is divided into five council districts. One member of
the board shall be elected from each such district. The mayor shall be elected
from the city at large. The five council districts shall be and correspond to
those five numbered districts described in and attached to and made a part of
this Act and further identified as Plan Name:stockccfinal Plan Type: Local
User: Gina Administrator: H109.
(d)
When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall
mean and describe the same geographical boundaries as provided in the report of
the Bureau of the Census for the United States decennial census of 2000 for the
State of Georgia. The separate numeric designations in a Tract description
which are underneath a 'BG' heading shall mean and describe individual Blocks
within a Block Group as provided in the report of the Bureau of the Census for
the United States decennial census of 2000 for the State of Georgia. Any part
of the City of Stockbridge which is not included in any such district described
in that attachment shall be included within that district contiguous to such
part which contains the least population according to the United States
decennial census of 2000 for the State of Georgia. Any part of the City of
Stockbridge which is described in that attachment as being in a particular
district shall nevertheless not be included within such district if such part is
not contiguous to such district. Such noncontiguous part shall instead be
included within that district contiguous to such part which contains the least
population according to the United States decennial census of 2000 for the State
of Georgia. Except as otherwise provided in the description of any council
district, whenever the description of such district refers to a named city, it
shall mean the geographical boundaries of that city as shown on the census map
for the United States decennial census of 2000 for the State of
Georgia.
(e)
All persons serving on the council on January 1, 2006, or persons elected or
appointed to serve in the event of vacancies shall complete the terms for which
they were elected or appointed. Each person giving notice of candidacy for a
city council seat shall designate the district for which such candidate is
offering. Councilmembers from Districts 1, 2, and 3 shall be elected in 2007
for terms of four years and until their respective successors are elected and
qualified. The mayor and councilmembers from Districts 4 and 5 shall be elected
in 2009 for terms of four years and until their respective successors are
elected and qualified. Thereafter, the mayor and each councilmember shall be
elected quadrenially in the year in which the term of the office
expires.
(f)
In order to be elected or appointed as a member of the board from a council
district, a person must have had that
persońs
legal residence in that district at the time of qualifying for election or at
the time of appointment for at least 12 months and, if elected, must receive the
number of votes cast as required by general law for that office in that district
only. Only electors who are residents of that council district may vote for a
member of the board for that district. At the time of qualifying for election
as a member of the board from a council district, each candidate for such office
shall specify the council district for which that person is a candidate. A
person elected or appointed as a member of the board from a council district
must continue to reside in that district during that
persońs
term of office or that office shall become
vacant."
SECTION
2.
The
commission of the City of Stockbridge 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
3.
All
laws and parts of laws in conflict with this Act are repealed.