05 LC 22
5704/AP
House
Bill 262 (AS PASSED HOUSE AND SENATE)
By:
Representatives Carter of the
159th,
Bryant of the
160th,
Bordeaux of the
162nd,
Day of the
163rd,
Stephens of the
164th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act relating to the school system of the City of Savannah and Chatham
County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to
provide for nonpartisan election of the members of the board of education; to
provide for submission of this Act 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 relating to the school system of the City of Savannah and Chatham County,
approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by
striking Section 2 and inserting in lieu thereof the following:
"(a)
All elections for members of the Board of Education of the City of Savannah and
the County of Chatham conducted after January 1, 2006, shall be nonpartisan
elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such
nonpartisan elections shall be held in conjunction with the November general
election immediately preceding expiration of the term of office and conducted as
provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Those members of the board of education in office on January 1, 2006, shall
serve out the terms of office for which they were elected and shall be eligible
to succeed themselves as provided in this subsection.
(b)
Vacancies which occur on the board, other than by the regular expiration of a
term of office, shall be filled by the remaining members of the board electing a
successor from the district in which the vacant member resided to serve until
the next general election, at which time there shall be elected by the electors
of the respective education district a successor to serve out the unexpired term
of office in which the vacancy shall occur; provided, however, that if the
vacancy occurs in a post for which the term of office would regularly expire
within 60 days subsequent to the next general election which falls after the
vacancy occurs, then the successor who has been named by the remaining members
of the board to fill said vacancy shall serve out the remainder of the unexpired
term of office in which the vacancy shall occur and until his or her successor
shall be duly elected and qualified; and provided, further, that in the event a
vacancy occurs after the qualifying date of the first general election held
following the vacancy, the successor who has been named by the remaining members
of the board shall hold office until his or her successor is regularly elected
and qualified as set forth in this Act. In the event a person moves his or her
residence from his or her district, a vacancy shall exist from such district and
shall be filled in the same manner as other
vacancies."
SECTION
2.
The
Board of Education of the City of Savannah and the County of Chatham 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 60 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.