hb1607_LC_28_3046_a_2.html
06 LC 28 3046
House Bill 1607
By: Representatives Buckner of the 76th and Powell of the 29th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that it shall be illegal for a candidate to qualify in a primary or election in a district in which he or she is not qualified to run for office; to eliminate the restriction on when a challenge to a candidatés qualifications may be filed by an elector; 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.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking subsections (b) and (c) of Code Section 21-2-5, relating to qualifications of candidates for federal and state office, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying In addition, at any time prior to the election of such candidate, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.
(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidatés name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidatés name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. In addition to any other penalties that the disqualified candidate may face, such candidate shall pay a fine of not less than $50.00 per day and not more than $200.00 per day for each day between the date that the candidate qualified for the office in question and the date such candidate was disqualified under this Code section. The Secretary of State shall determine the daily amount of the fine, taking into account the cost, if any, of notifying the electorate of the disqualification of the candidate. In no event shall such fine exceed $1,000.00. The imposition or amount of the fine, or both, may be appealed by the candidate in the same manner as the disqualification itself."

SECTION 2.
Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2-6, relating to qualifications of candidates for county and municipal office, and inserting new subsections (b) and (c) to read as follows:
"(b) The superintendent upon his or her own motion may challenge the qualifications of any candidate referred to in subsection (a) of this Code section at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying In addition, at any time prior to the election of such candidate, any elector who is eligible to vote for any such candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which the candidate is offering. Upon his or her own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing.
(c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike such candidatés name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidatés name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. In addition to any other penalties that the disqualified candidate may face, such candidate shall pay a fine of not less than $50.00 per day and not more than $200.00 per day for each day between the date that the candidate qualified for the office in question and the date such candidate was disqualified under this Code section. The superintendent shall determine the daily amount of the fine, taking into account the cost, if any, of notifying the electorate of the disqualification of the candidate. In no event shall such fine exceed $1,000.00. The imposition or amount of the fine, or both, may be appealed by the candidate in the same manner as the disqualification itself."

SECTION 3.
This Act shall become effective on January 1, 2007.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.