05 LC 18
4297S/AP
House
Bill 617 (AS PASSED HOUSE AND SENATE)
By:
Representative Amerson of the
9th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a new charter for the City of Dahlonega, approved April
12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to provide for election and
terms of office of subsequent mayors and councilmembers; to provide for
submission of this Act for preclearance under the federal Voting Rights Act of
1965, as amended; to provide for automatic repeal under certain circumstances;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating a new charter for the City of Dahlonega, approved April 12, 1982
(Ga. L. 1982, p. 4354), as amended, is amended by striking Section 5.10 and
inserting in its place a new Section 5.10 to read as follows:
"SECTION
5.10.
Regular Elections.
Regular Elections.
(a)
The mayor and councilmembers of the City of Dahlonega who are serving as such on
the effective date of this Act and any person selected to fill a vacancy in any
such office shall continue to serve as such members until the regular expiration
of their respective terms of office and upon the election and qualification of
their respective successors. On and after the effective date of this Act, the
city council shall consist of six members all of whom shall be elected at large
as provided in this section and the mayor who is elected at large as provided in
this section.
(b)
For purposes of electing members of the city council, the City of Dahlonega
shall consist of one election district with numbered posts 1, 2, 3, 4, 5, and 6.
Each person seeking election as a councilmember shall designate the post for
which such person seeks election.
(c)
In order to be elected as a member of the city council from a council district,
a person must receive a plurality of votes cast for that office in the entire
city. At the time of qualifying for election as a member of the city council,
each candidate for such office shall specify the post for which that person is a
candidate. A person elected or appointed as a member of the city council must
continue to reside in the city during that
persońs
term of office or that office shall become vacant.
(d)
The mayor may reside anywhere within the City of Dahlonega and, if elected, must
receive a plurality of votes cast for that office in the entire city. The mayor
must continue to reside within the city during that
persońs
term of office or that office shall become vacant.
(e)(1)
Larry Crowel, the member of the council elected at the November, 2001, general
election, shall be designated to be serving from and representing
Post 1.
(2)
Guy Laboa, the member of the council elected at the November, 2001, general
election, shall be designated to be serving from and representing
Post 2.
(3)
Dudley Owens, the member of the council elected at the November, 2001, general
election, shall be designated to be serving from and representing Post
3.
(4)
Michael Clemons, the member of the council elected at the November, 2003,
general election, shall be designated to be serving from and representing Post
4.
(5)
Bill Northquest, the member of the council elected at the November, 2003,
general election, shall be designated to be serving from and representing
Post 5.
(6)
Terry Peters, the member of the council elected at the November, 2003, general
election, shall be designated to be serving from and representing Post
6.
(7)
The mayor and the members of the council representing Post 1, Post 2, and Post
3 shall be elected at the municipal general election on the Tuesday next
following the first Monday in November, 2005, and quadrennially thereafter and
shall take office on the first day of January immediately following their
election for terms of four years and until their successors are elected and
qualified.
(8)
The members of the council representing Post 4, Post 5, Post 6 shall be elected
at the municipal general election on the Tuesday next following the first Monday
in November, 2007, and quadrennially thereafter and shall take office on the
first day of January immediately following their election for terms of four
years and until their successors are elected and
qualified."
SECTION
2.
The
mayor and council of the City of Dahlonega 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. If implementation of this Act is not
permissible under the Voting Rights Act of 1965, as amended, on or before the
date immediately preceding the day that qualifying commences for municipal
offices to be elected for the City of Dahlonega in 2005, then, as of that date,
this Act shall be void and shall stand repealed in its entirety.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.