05 LC 28
2178
House
Bill 403
By:
Representatives Jackson of the
161st,
Stephens of the
164th,
Bordeaux of the
162nd,
Bryant of the
160th,
and Carter of the
159th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to elections and primaries generally, so as to provide for the nonpartisan
election of clerks of superior court and coroners; to provide for the
qualifying for such offices; to provide for related matters; 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 elections
and primaries generally, is amended by striking paragraph (2) of subsection (c)
and subparagraph (i)(1)(B) of Code Section 21-2-132, relating to filing notices
of candidacy, nomination petitions, and affidavits, and inserting in lieu
thereof a new paragraph (2) and subparagraph (B) to read as
follows:
"(2)
Each candidate for a county judicial office,
the office of
clerk of superior court, the office for
coroner, a local school board office, or
an office of a consolidated government, except those offices which on July 1,
2001, were covered by local Acts of the General Assembly which provided for
election in a nonpartisan election without a prior nonpartisan primary, or the
candidatés
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file notice of candidacy in the office of the superintendent no
earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the
election and no later than 12:00 Noon on the Friday following the fourth Monday
in April, notwithstanding the fact that any such days may be legal
holidays."
"(B)
Each candidate for a county judicial office,
the office of
clerk of superior court, the office of
coroner, a local school board office, or
an office of a consolidated government, except those offices which on July 1,
2001, were covered by local Acts of the General Assembly which provided for
election in a nonpartisan election without a prior nonpartisan primary, or the
candidatés
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file notice of candidacy in the office of the superintendent no
earlier than 9:00 A.M. on the third Wednesday in June immediately prior to the
election and no later than 12:00 Noon on the Friday following the third
Wednesday in June, notwithstanding the fact that any such days may be legal
holidays;".
SECTION
2.
Said
chapter is further amended by striking subsection (a) of Code Section 21-2-139,
relating to the authorization of nonpartisan elections, and inserting in lieu
thereof a new subsection (a) to read as follows:
"(a)
Notwithstanding any other provisions of this chapter to the contrary, the
General Assembly may provide by local Act for the election in nonpartisan
elections of candidates to fill county judicial offices,
clerks of
superior court, coroners, offices of local
school boards, and offices of consolidated governments which are filled by the
vote of the electors of said county or political subdivision. Except as
otherwise provided in this Code section, the procedures to be employed in such
nonpartisan elections shall conform as nearly as practicable to the procedures
governing nonpartisan elections as provided in this chapter. Except as
otherwise provided in this Code section, the election procedures established by
any existing local law which provides for the nonpartisan election of candidates
to fill county offices shall conform to the general procedures governing
nonpartisan elections as provided in this chapter, and such nonpartisan
elections shall be conducted in accordance with the applicable provisions of
this chapter, notwithstanding the provisions of any existing local law. For
those offices for which the General Assembly as of July 1, 2001, pursuant to
this Code section, provided by local Act for election in nonpartisan primaries
and elections, such offices shall no longer require nonpartisan primaries. Such
officers shall be elected in nonpartisan elections held and conducted in
conjunction with the general primary in accordance with this chapter without a
prior nonpartisan primary. For those offices for which the General Assembly as
of July 1, 2001, provided by local Act for election in a nonpartisan election
without a prior nonpartisan primary, such offices shall be elected in
nonpartisan elections held and conducted in conjunction with the November
general election without a prior nonpartisan primary. Nonpartisan elections for
municipal offices shall be conducted on the dates provided in the municipal
charter."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.