05 LC 28
2179
House
Bill 433
By:
Representatives Coleman of the
144th,
Crawford of the
127th,
Cheokas of the
134th,
Parrish of the
156th,
Ray of the
136th,
and others
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, sheriffs, tax collectors, tax receivers,
tax commissioners, and coroners; to provide for the qualifying for such offices;
to prohibit officers elected in nonpartisan elections from engaging in partisan
political activity in their official capacities; 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 of sheriff, the office of tax collector, the
office of tax receiver, the office of tax commissioner, 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 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 sheriff, the office of tax collector, the
office of tax receiver, the office of tax commissioner, 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)(1)
Clerks of
superior court, sheriffs, tax collectors, tax receivers, tax commissioners, and
coroners shall be elected in nonpartisan elections in accordance with this
chapter. 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, 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.
(2)
Officers elected in nonpartisan elections pursuant to this subsection shall not
engage in any partisan political activity or event in their official capacities
or use their titles or offices in conjunction with any partisan political
activity or
event."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.