05 LC 25
3951/AP
House
Bill 830 (AS PASSED HOUSE AND SENATE)
By:
Representative Ray of the
136th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Crawford County and provide for
its powers and duties, to provide for definitions; to provide for the
composition of the board and the selection and appointment of members; to
provide for the qualification, terms, and removal of members; to provide for
oaths and privileges; to provide for meetings, procedures, and vacancies; to
relieve certain officers of powers and duties and to provide for the transfer of
functions to the newly created board; to provide for expenditures of public
funds; to provide for compensation of members of the board; to provide for
offices and equipment; to provide for personnel, including a chief election
official, and compensation; to provide for the
board́s
performance of certain functions and duties for certain municipalities; to
provide for related matters; to provide for submission of this Act for
preclearance under the federal Voting Rights Act of 1965, as amended; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
As
used in this Act, the term:
(1)
"Board" means the Crawford County Board of Elections and
Registration.
(2)
"Chief judge" means the chief judge of the Superior Court of Crawford
County.
(3)
"Commissioners" means the Board of Commissioners of Crawford
County.
(4)
"County" means Crawford County.
(5)
"Election," "elector," "political party," "primary," and "public office" shall
have the same meanings as set forth in Chapter 20 of Title 21 of the O.C.G.A.,
the "Georgia Election Code," unless otherwise clearly apparent from the text of
this Act.
SECTION
2.
Pursuant
to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created,
effective July 1, 2005, the Crawford County Board of Elections and Registration.
The board shall have the powers and duties of the former Crawford County
election superintendent relating to the conduct of primaries and elections and
shall have the powers and duties of the Crawford County Board of Registrars
relating to the registration of voters and absentee balloting
procedures.
SECTION
3.
(a)
The board shall be composed of three members, each of whom shall be an elector
and a resident of Crawford County. The Crawford County Board of Elections and
Registration shall select a chairperson from among its
members.
(b) Each member of the commissioners shall submit, in writing, to the chief judge a nomination to the board. The initial nominations shall be submitted within 15 days after this Act becomes effective in 2005, and all subsequent nominations shall be submitted at least 15 days before the expiration of the term of office or at least 30 days after any other vacancy in office occurs, whichever is applicable. The chief judge shall appoint from the nominations initially submitted three persons to serve on the board; and thereafter, that judge shall appoint from the nominations the same number as the number of vacancies which occurred on the board whether by expiration of term or otherwise.
(c) The initial appointments to the board shall specify that one member shall serve a term expiring June 30, 2006; one member shall serve a term expiring June 30, 2007; and one member shall serve a term expiring June 30, 2008. After these initial terms, all members of the board shall serve for terms of four years. Members of the board shall serve for their respective terms of office and until the appointment and qualification of their respective successors.
(b) Each member of the commissioners shall submit, in writing, to the chief judge a nomination to the board. The initial nominations shall be submitted within 15 days after this Act becomes effective in 2005, and all subsequent nominations shall be submitted at least 15 days before the expiration of the term of office or at least 30 days after any other vacancy in office occurs, whichever is applicable. The chief judge shall appoint from the nominations initially submitted three persons to serve on the board; and thereafter, that judge shall appoint from the nominations the same number as the number of vacancies which occurred on the board whether by expiration of term or otherwise.
(c) The initial appointments to the board shall specify that one member shall serve a term expiring June 30, 2006; one member shall serve a term expiring June 30, 2007; and one member shall serve a term expiring June 30, 2008. After these initial terms, all members of the board shall serve for terms of four years. Members of the board shall serve for their respective terms of office and until the appointment and qualification of their respective successors.
SECTION
4.
The
person holding office as chief registrar on the date this Act becomes effective
in 2005 shall serve as the chief election official of Crawford County. Upon
such
persońs
ceasing to hold such office, the chief election official of Crawford County
shall be selected by the board, subject to confirmation by the commissioners.
Such position shall be part time or full time as determined by the board and
such person shall be paid a salary to be set by the board and payable from
county funds. The chief election official shall generally direct and control
the administration of elections and voter registration in Crawford County. The
chief election official shall be supervised by the board and shall be subject to
removal from office by the board, with or without cause, when such removal is
approved by the commissioners. The chief election official shall not be a
member of the board nor an elected official.
SECTION
5.
Each
member of the board shall:
(1)
Serve for a term of four years and until a successor is appointed and qualified,
except that initial terms of office shall be as provided in Section 3 of this
Act;
(2)
Be eligible to be reappointed to succeed himself or herself and shall have the
right to resign at any time by giving written notice of such resignation to the
commissioners and to the clerk of the Superior Court of Crawford County;
and
(3)
Be subject to removal from the board by the commissioners at any time for cause
shown in the failure to perform the duties or meet the qualifications required
by law, after notice and hearing before the chief judge of the Superior Court of
Crawford County within 15 days after removal.
SECTION
6.
(a)
The appointment of each member shall be evidenced by the appointing authority
filing an affidavit with the clerk of the Superior Court of Crawford County no
later than 30 days preceding the date on which such member is to take office.
Such affidavit shall state the name and residence address of the person
appointed and certify that such member has been duly appointed as provided in
this Act. The clerk of the Superior Court of Crawford County shall be notified
of interim appointments and shall record and certify such appointments in the
same manner as the regular appointment of
members.
(b) The clerk of the Superior Court of Crawford County shall record each such certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
(b) The clerk of the Superior Court of Crawford County shall record each such certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
SECTION
7.
In
the event a vacancy occurs in the office of any member before the expiration of
a term by reason of removal, death, resignation, or otherwise, the appointing
authority which is required under Section 3 of this Act to make the appointment
to the office upon expiration of the term shall appoint a successor to serve for
the remainder of the unexpired term in the manner set forth in Section 3 of
this Act.
SECTION
8.
(a)
The first members of the board under this Act shall be appointed as provided in
this Act and take office on July 1, 2005. The board shall take no official
action until all members have been certified to the clerk of the Superior Court
of Crawford County.
(b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.
(b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.
SECTION
9.
(a)
The Crawford County Board of Elections and Registration shall be empowered with
all the powers and duties relating to the conduct of primaries and elections as
election superintendents pursuant to the provisions of Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election
Code."
(b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
(b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
SECTION
10.
No
person who holds elective public office shall be eligible to serve as a member
of the board during the term of such elective public office, and the position of
membership of any member shall be deemed vacant upon such
membeŕs
qualifying as a candidate for an elective public office.
SECTION
11.
Any
rule or regulation promulgated by a county executive committee of a political
party under the provisions of subsection (c) of Code Section 21-2-111 of the
O.C.G.A. with regard to the conduct of primaries shall be null and void if in
conflict with a valid rule or regulation of the board.
SECTION
12.
(a)
Nothing in this Act shall be construed to require or prohibit joint primaries or
to require or prohibit the commissioners or any other public agency to bear any
expense of conducting primaries not otherwise required by
law.
(b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Crawford County if such municipal corporation has entered into a contract for that purpose with the Crawford County Board of Commissioners.
(b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Crawford County if such municipal corporation has entered into a contract for that purpose with the Crawford County Board of Commissioners.
SECTION
13.
With
the approval of the commissioners, the board shall be authorized to expend
public funds for the purpose of preparing and distributing material solely to
inform and instruct electors of the county adequately with regard to elections.
No material distributed by the board shall contain or express, in any manner or
form, any commentary or expression of opinion or request for support with
respect to any political issue or matter of political concern.
SECTION
14.
(a)
The board shall be authorized and empowered to organize itself, may elect from
among its membership a vice chairperson, shall determine its procedural rules
and regulations, adopt bylaws, specify the functions and duties of its
employees, and otherwise take such actions as are appropriate to the management
of its affairs; provided, however, that no such action shall conflict with
general law.
(b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.
(b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.
SECTION
15.
(a)
The board shall fix and establish by appropriate resolution entered on its
minutes directives governing the execution of matters within its jurisdiction.
The board shall hold meetings at the county courthouse or at the place of
meeting of the commissioners. These meetings shall be held quarterly in years
in which there are no county-wide elections and monthly in years in which there
are county-wide elections. Any specially called meetings held pursuant to the
bylaws adopted by the board shall be held only after the notification of the
time and place of the holding of such meeting has been communicated in writing
to the chief election official to provide public notice of the meeting as
required by law. All meetings of whatever kind of the board shall be conducted
pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open
meetings.
(b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
(b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
SECTION
16.
(a)
The chairperson of the board of elections and registration shall chair all
meetings of the board and be the spokesperson for the
board.
(b) The members of the board shall receive no compensation for their service as members of the board but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(c) All amounts payable under this section shall be paid from the funds of Crawford County.
(b) The members of the board shall receive no compensation for their service as members of the board but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(c) All amounts payable under this section shall be paid from the funds of Crawford County.
SECTION
17.
Subject
to appropriation of funds by the commissioners, the board shall be authorized to
expend public funds to provide for such proper and suitable administrative
offices and for such clerical assistance and other employees as the board shall
deem appropriate. Compensation for such administrative personnel shall be paid
by the board under the county personnel system wholly from county funds. This
section shall not be construed so as to require the board to expend any funds
simply because they are authorized to do so under this Act. Employees of the
board shall be considered county employees for pay, benefits, sick leave,
vacation, and for other purposes.
SECTION
18.
The
board shall be responsible for the selection, appointment, and training of poll
workers in elections. Such workers shall be appointed, insofar as practicable,
from lists provided by the county executive committees of any political party
whose nominee for President of the United States received at least 10 percent of
the vote in Crawford County during the most recent general election for that
office. It shall be the responsibility of any such political party to provide
said list to the board in a timely fashion and to supplement said list upon a
reasonable request to do so.
SECTION
19.
On
July 1, 2005, or the date all members of the board have been certified under
Section 8 of this Act, whichever is later, the election superintendent of
Crawford County and the Board of Registrars of Crawford County shall be relieved
from all powers and duties to which the board of elections and registration
succeeds by the provisions of this Act and shall deliver thereafter to the
chairperson of the board, upon the
chairpersońs
written request, the custody of all equipment, supplies, materials, books,
papers, records, and facilities of every kind pertaining to such powers and
duties.
SECTION
20.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
21.
All
laws and parts of laws in conflict with this Act are repealed.