05 LC 28
1955
House
Bill 63
By:
Representatives Powell of the
29th
and Jamieson of the
28th
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 the superior court, sheriffs, tax receivers, tax
collectors, and tax commissioners; to provide for the qualifying for such
offices; to provide for related matters; to provide an effective date; 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, 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, 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)
The office of
sheriff, the office of judge of the probate court, the office of tax receiver,
the office of tax collector, the office of tax commissioner, and the office of
clerk of superior court shall be filled by election in nonpartisan
elections. 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
other
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."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.