06 LC 21
9007S
Senator
Goggans of the 7th offered the following substitute to HB 1660:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Bacon 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 certain expenditures of
public funds; to provide for compensation of members of the board and personnel;
to provide for offices and equipment; to provide for the
board́s
performance of certain functions and duties for certain municipalities; to
provide for related matters; to provide for submission for preclearance under
Section 5 of the federal Voting Rights Act of 1965, as amended; to provide
effective dates; 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 Bacon County, hereinafter referred to as
"the board." The board shall have the powers, duties, and responsibilities of
the judge of the probate court of Bacon County under Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," and the powers, duties, and
responsibilities of the board of registrars of Bacon County under Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code."
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 Bacon County and "county" means Bacon County.
SECTION
3.
(a)
The board shall be composed of five members who shall be electors of Bacon
County and shall be appointed as provided in this
section.
(b) Two members of the board 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 of the board shall be appointed by the chairperson 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. In the event that there is no chairperson of a political party entitled to make an appointment under this subsection, the appointments on behalf of such political party shall be made by the state executive committee of such party.
(c) One member of the board shall be selected by the governing authority of Bacon County.
(d) All appointments to the board shall be promptly certified by the appointing authority of Bacon County to the clerk of the Superior Court of Bacon County.
(e) The initial appointees to the board shall take office on January 1, 2007. The member appointed by the governing authority of Bacon County and one of the two members appointed by each political party shall serve terms beginning on January 1, 2007, and ending on December 31, 2010, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning January 1, 2011, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on January 1, 2007, and ending on December 31, 2008, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning January 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The chairpersons of each political party making the initial appointments under this section shall designate which term each appointee shall serve.
(f) At the first meeting of the board in each year, the members of the board shall select one of their number to serve as chairperson. Such chairperson shall preside over all meetings of the board and shall vote only in the case of a tie.
(b) Two members of the board 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 of the board shall be appointed by the chairperson 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. In the event that there is no chairperson of a political party entitled to make an appointment under this subsection, the appointments on behalf of such political party shall be made by the state executive committee of such party.
(c) One member of the board shall be selected by the governing authority of Bacon County.
(d) All appointments to the board shall be promptly certified by the appointing authority of Bacon County to the clerk of the Superior Court of Bacon County.
(e) The initial appointees to the board shall take office on January 1, 2007. The member appointed by the governing authority of Bacon County and one of the two members appointed by each political party shall serve terms beginning on January 1, 2007, and ending on December 31, 2010, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning January 1, 2011, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on January 1, 2007, and ending on December 31, 2008, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning January 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The chairpersons of each political party making the initial appointments under this section shall designate which term each appointee shall serve.
(f) At the first meeting of the board in each year, the members of the board shall select one of their number to serve as chairperson. Such chairperson shall preside over all meetings of the board and shall vote only in the case of a tie.
SECTION
4.
The
Bacon County Board of Commissioners, which will consider the recommendation of
the board of elections and registration, shall appoint a person to serve as the
election supervisor of Bacon County. Such position shall be full time. The
Bacon County Board of Commissioners shall set the pay and salary of such
election supervisor. The election supervisor shall generally 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 of elections and registration. The election supervisor shall be
supervised by the board of elections and registration and shall deemed to be an
at-will employee of the board of commissioners and shall be subject to removal
from office, with or without cause, by the Board of Commissioners of Bacon
County.
SECTION
5.
Each
member of the board shall:
(1)
Be eligible to be reappointed to succeed such member;
(2)
Have the right to resign at any time by giving written notice of such
resignation to the governing authority of Bacon County and to the clerk of the
superior court; and
(3)
Serve until his or her successor is appointed and qualified.
SECTION
6.
(a)
The appointing authority shall certify the appointment of each member of the
board by filing an affidavit with the clerk of the superior court no later than
30 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.
(b) The clerk of the superior court shall record each of such certifications on the minutes of the superior 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.
(b) The clerk of the superior court shall record each of such certifications on the minutes of the superior 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.
SECTION
7.
In
the event a vacancy occurs in the office of any member before the expiration of
his or her term, by removal, death, resignation, or otherwise, the appointing
authority which is required under Section 3 of this Act to make the appointment
to the office upon the expiration of the term shall appoint a successor to serve
the remainder of the unexpired term as provided for in Section 3 of this
Act. If the vacancy in office is not filled within 60 days after it occurs, the
vacancy shall be filled for the remainder of the term by the governing authority
of Bacon County. The clerk of the superior court shall be notified of such
interim appointments and record and certify such appointments in the same manner
as the regular appointment of members.
SECTION
8.
(a)
The first members of the board under this Act shall be appointed as provided in
this Act to take office on January 1, 2007. The board shall take no official
action until all members have been certified to the clerk of the Superior Court
of Bacon County.
(b) 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.
(b) 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
9.
(a)
No person who holds 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.
(b) Members of the board must be residents of Bacon County and must have been registered voters in Bacon County for a period of at least one year prior to the date of appointment to the board.
(b) Members of the board must be residents of Bacon County and must have been registered voters in Bacon County for a period of at least one year prior to the date of appointment to the board.
SECTION
10.
The
board shall have the authority to contract with any municipality or governmental
authority located within Bacon County for the holding by the board of any
primary or election to be conducted within such municipality or governmental
authority.
SECTION
11.
(a)
The board shall be authorized and empowered to organize itself, elect from among
its members a vice chairperson, 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 its affairs; provided,
however, that no such action shall conflict with state
law.
(b) Action and decision by the board shall be by a majority of the members of the board.
(b) Action and decision by the board shall be by a majority of the members of the board.
SECTION
12.
(a)
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 meetings at the county courthouse or at the place of
meeting of the commissioners. Any specially called meetings held pursuant to
the bylaws adopted by the board shall be held only after notification of the
time and place of the holding of such special meeting has been communicated in
writing to the election supervisor to provide public notice of the meeting as
required by law. All meetings of whatever kind of the board shall be conducted
pursuant to Chapter 14 of Title 50 of the
O.C.G.A.
(b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
(b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
SECTION
13.
Compensation
for the members of the board shall be fixed by the commissioners. All amounts
payable under this section shall be paid from the funds of Bacon
County.
SECTION
14.
(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 county employees entitled to all benefits as other county
employees, to be determined 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 clerical assistants shall be at-will employees of the board of
commissioners.
(b) The board of commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
(b) The board of commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
SECTION
15.
The
board shall be responsible for the selection, appointment, and training of poll
workers.
SECTION
16.
The
Board of Commissioners of Bacon 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
17.
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 or upon such later date determined by the
board of commissioners, the superintendent of elections of Bacon County and the
board of registrars of Bacon 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. Nothing contained herein is
intended to prevent the appointment of members of the board, the hiring of an
election supervisor, the hiring of clerical staff, or any necessary training for
the members of the board, the election supervisor, and clerical assistants prior
to January 1, 2007.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.