06 LC 25
4473/AP
House
Bill 1644 (AS PASSED HOUSE AND SENATE)
By:
Representative Lane of the
167th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for McIntosh 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 expenditures of public
funds; to provide for compensation of members of the board; to provide for
offices and equipment; to provide for personnel and compensation; to provide for
the
board́s
performance of certain functions and duties for certain municipalities; to
provide for related matters; to provide effective dates; to provide for
submission under the Voting Rights Act of 1965, as amended; to repeal a specific
Act; 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 McIntosh County, hereinafter referred to
as "the board." The board shall have the powers and duties of the former
superintendent of elections of McIntosh County under Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," relating to the conduct of primaries
and elections and the former board of registrars of McIntosh County under
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to
the registration of electors and absentee voting.
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 McIntosh County and "county" means McIntosh County.
SECTION
3.
(a)
The board shall be composed of seven members, each of whom shall meet the
applicable eligibility requirements under Article 1 of Chapter 2 of Title 45 of
the O.C.G.A., Code Section 21-2-75 of the O.C.G.A., and other general law, and
shall be qualified and selected in the following manner:
(1)
Four members shall be appointed by the county executive committee of the
political party whose candidate at the last preceding general election received
the largest number of votes in this state for the officer of
Governor;
(2)
Three members shall be appointed by the county executive committee of the
political party whose candidate at the last preceding general election received
the next largest number of votes in this state for the election of Governor;
(3)
Each of the appointments made by the respective executive committees shall have
been ratified by a majority of the members of each such respective executive
committee voting at a meeting called and held for such purposes. In the event
such appointments are not ratified by a majority of the members of such
executive committee, then such members shall be appointed by the judge of the
probate court of McIntosh County;
(4)
At the first meeting of each calendar year, the members of the McIntosh County
Board of Elections and Registration shall select one of their members of the
board to serve as chairperson and one of their members to serve as
secretary;
(5)(A)
The initial appointments to the board shall be made no later than January 1,
2007;
(B)
Of the four initial members appointed by the executive committee of the
political party whose candidate at the last preceding election received the
largest number of votes in this state for the office of Governor, two of the
persons so appointed, who shall be designated by the executive committee, shall
serve a term of office beginning on January 1, 2007, and expiring on December
31, 2011, and two of the persons so appointed, who shall be designated by the
executive committee, shall serve a term of office beginning on January 1, 2007,
and expiring on December 31, 2009.
(C)
Of the three initial members appointed by the executive committee of the
political party whose candidate at the last preceding election received the next
largest number of votes in this state for the office of Governor, two of the
persons so appointed, who shall be designated by the executive committee, shall
serve a term of office beginning on January 1, 2007, and expiring on December
31, 2011, and one of the persons so appointed, who shall be designated by the
executive committee, shall serve a term of office beginning on January 1, 2007,
and expiring on December 31, 2009.
(D)
All such persons so appointed shall serve for the initial terms specified and
until their successors are duly appointed and qualified;
(6)
After the initial term of office, successors to members whose terms are about to
expire shall be appointed to take office on the first day of January immediately
following the expiration of a term of office and shall serve a term of four
years each and until their successors are duly appointed and
qualified;
(7)
Appointments on behalf of political parties that do not have executive
committees in McIntosh County shall be made by the state executive committee of
such party; and
(8)
Each member of the board shall successfully complete all mandatory training by
achieving a passing score on any test administered as a part of such training.
Any board member who fails to successfully complete such training and achieve a
passing score of any test administered as a part of such training shall stand
immediately terminated and shall be replaced by the authority appointing such
board member. Any such appointment shall be to fill the unexpired term of the
member replaced.
SECTION
4.
The
appointing authorities shall certify the appointment of each member of the board
by filing an affidavit with the clerk of the Superior Court of McIntosh County
no later than 15 days preceding the date upon which such members are to take
office, stating the name and residential address of the person appointed and
certifying such member has been duly appointed as provided in this Act. The
clerk of the superior court shall record each of such certifications on the
minutes of the court and shall certify the name of each such appointed member to
the Secretary of State and provide for the issuance of appropriate commissions
to the members within the same time and in the same manner as provided by law
for registrars. If any appointing authority does not, in conformity with this
Act, certify an appointment to the board within 30 days after the beginning of a
term of office or within 30 days after the creation of a vacancy in that office,
a vacancy shall be deemed to have been thereby created and the judge of the
probate court of McIntosh County shall fill that vacancy by making the
appointment thereto and shall certify it as provided in this section. Any
person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION
5.
Each
member of the board shall be eligible to serve successive terms without
limitation and shall have the right to resign at any time by giving written
notice of such resignation to the appointing authority and to the clerk of the
Superior Court of McIntosh County. Each member shall be subject to removal from
the board at any time, for cause, after notice and hearing, by the chief judge
of the Superior Court of the Atlantic Judicial Circuit in the same manner and by
the same authority as provided for the removal of registrars.
SECTION
6.
In
the event a vacancy occurs in the office of any board member before the
expiration of his or her term, by removal, death, resignation, or otherwise, the
vacancy shall be filled for the remainder of the unexpired term by the
appointing authority for that position on the board. The clerk of the superior
court shall be notified of such interim appointment and record and certify such
appointment in the same manner as the regular appointment of
members.
SECTION
7.
Before
entering upon the
membeŕs
duties, each member shall take substantially the same oath as required by law
for registrars and shall have the same privileges from arrest.
SECTION
8.
(a)
The board shall be authorized to organize itself, determine its procedural rules
and regulations, adopt bylaws, specify the functions and duties of its
employees, and otherwise take such action as is appropriate to the management of
the affairs committed to its supervision; provided, however, that no such action
shall conflict with state law. Action and decision by the board shall be by a
majority of the members of the board. The board shall be responsible for the
selection, appointment, and training of poll workers in primaries and elections
and such workers shall be appointed, insofar as practicable, from lists provided
to the board by the county executive committee of each political party.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings each month and more often if needed in the opinion of the members. The time of such meetings shall be set by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
(c) Members of the board shall receive $55.00 per day for each day of service on the board. The chairperson and the secretary shall receive $75.00 per day for each day of service on the board. On primary and election days and during the period of advance voting pursuant to subsection (b) of Code Section 21-2-380 of the O.C.G.A., the chairperson and members of the board shall be compensated at the rate of $10.00 per hour. The hours of service shall be certified to the commissioners by the chairperson of the board.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings each month and more often if needed in the opinion of the members. The time of such meetings shall be set by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
(c) Members of the board shall receive $55.00 per day for each day of service on the board. The chairperson and the secretary shall receive $75.00 per day for each day of service on the board. On primary and election days and during the period of advance voting pursuant to subsection (b) of Code Section 21-2-380 of the O.C.G.A., the chairperson and members of the board shall be compensated at the rate of $10.00 per hour. The hours of service shall be certified to the commissioners by the chairperson of the board.
SECTION
9.
The
board shall have the authority to contract with any municipality located within
McIntosh County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
10.
(a)
An elections supervisor shall be employed by the governing authority of McIntosh
County who shall generally supervise, direct, and control the administration of
the affairs of the board pursuant to law and duly adopted resolutions of the
board. The election supervisor shall not be a member of the board. The
election supervisor shall be considered an employee of McIntosh County and shall
be entitled to the same benefits as other employees of McIntosh County. The
election supervisor shall be subject to all personnel and policy procedures of
McIntosh County. The election supervisor shall maintain regular office hours as
directed by the governing authority of McIntosh County.
(b) The supervisor of elections shall not be an active member of any political party or body.
(c) Upon indictment of any felony involving election fraud or moral turpitude, the election supervisor shall be terminated from the position as a matter of law. Such vacancy shall be filled within ten business days following the occurrence of such vacancy.
(d) The board is authorized, with the approval of the commissioners, to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered employees of McIntosh County and shall be entitled to the same benefits as other employees of McIntosh County. Any clerical assistants shall be subject to all personnel and policy procedures of McIntosh County. Upon indictment of any felony involving election fraud or moral turpitude, a clerical assistant shall resign or be terminated from his or her position.
(b) The supervisor of elections shall not be an active member of any political party or body.
(c) Upon indictment of any felony involving election fraud or moral turpitude, the election supervisor shall be terminated from the position as a matter of law. Such vacancy shall be filled within ten business days following the occurrence of such vacancy.
(d) The board is authorized, with the approval of the commissioners, to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered employees of McIntosh County and shall be entitled to the same benefits as other employees of McIntosh County. Any clerical assistants shall be subject to all personnel and policy procedures of McIntosh County. Upon indictment of any felony involving election fraud or moral turpitude, a clerical assistant shall resign or be terminated from his or her position.
SECTION
11.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the board of commissioners in accordance with
the provisions of this Act. Such compensation shall be paid wholly from county
funds.
SECTION
12.
(a)
The Board of Commissioners of McIntosh County shall provide the board with such
proper and suitable offices, equipment, materials, and supplies and with such
clerical assistance and other employees as the Board of Commissioners of
McIntosh County deems appropriate.
(b)
The commissioners shall also cause periodic audits to be made of the board and
its offices.
SECTION
13.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval for purposes of making initial appointments
to the board only. This Act shall become fully effective on January 1, 2007.
Upon this Act becoming fully effective, the superintendent of elections of
McIntosh County and the board of registrars of McIntosh County shall be relieved
of all powers and duties to which the board succeeds by the provisions of this
Act and shall deliver to the board all equipment, supplies, materials, books,
papers, records, and facilities pertaining to such powers and
duties.
SECTION
14.
The
governing authority of McIntosh 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
15.
That
Act providing for a board of elections for McIntosh County, approved April 6,
1992 (Ga. L. 1992, p. 5593) is repealed on January 1, 2007.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.