05 LC 28
2414/AP
House
Bill 858 (AS PASSED HOUSE AND SENATE)
By:
Representatives Scott of the
2nd
and Neal of the
1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act to create a board of elections and registration for Walker County
and provide for its powers and duties, approved April 4, 1997
(Ga. L. 1997, p. 3657), so as to revise the manner of appointing
members of the board; to revise the manner of filling vacancies; to revise the
qualifications of members of the board; to provide for related matters; to
provide for the submission of this Act for preclearance under the federal Voting
Rights Act of 1965, as amended; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act to create a board of elections and registration for Walker County and
provide for its powers and duties, approved April 4, 1997
(Ga. L. 1997, p. 3657), is amended by striking Section 2 and
inserting in lieu thereof a new Section 2 to read as follows:
"SECTION
2.
(a)
The board shall be composed of five members, each of whom shall be an elector of
Walker County, shall have been a resident of Walker County for a period of two
years, and shall be at least 25 years of age at the time of assuming
office.
(b)
The members of the board serving on the effective date of this Act shall serve
out the terms to which such members were appointed and until their successors
are selected and qualified. Successors to the members serving on the effective
date of this Act shall be appointed as follows:
(1)
Two members shall be appointed by the county executive committee of the
political party whose candidate at the last preceding general election received
the largest number of votes in this state for the office of
Governor;
(2)
Two members shall be appointed by the county executive committee of the
political party whose candidate at the last preceding general election received
the next largest number of votes in this state for the office of Governor;
and
(3)
The fifth member of the Walker County Board of Elections and Registration shall
be appointed by the county executive committee of the political party or body
whose candidate at the last preceding general election received the third
highest number of votes in this state for the office of Governor, provided that
such number is at least 1 percent of the total number of votes cast for such
office. Otherwise, the fifth member of the Walker County Board of Elections and
Registration shall be appointed by the judge of the Probate Court of Walker
County.
(c)
Each of the appointments made by the respective executive committees shall be
ratified by a majority of the members of each such respective executive
committee voting at a meeting duly called and held for such purpose. In the
event such appointments are not ratified by a majority of the members of such
executive committees, then such members shall be appointed by the judge of the
Probate Court of Walker County. Appointments on behalf of political parties and
bodies that do not have county executive committees in Walker County shall be
made by the state executive committee of such party or body.
(d)
At the first meeting of each calendar year, the members of the Walker County
Board of Elections and Registration shall select one of the members of the board
to serve as chairperson.
(e)
No person who holds or is a candidate for an elective public office or who
serves as an officer, employee, committee member, or other representative of
either a political campaign of a candidate for elective public office or a
political party or who is engaged on behalf of any candidate for an elective
public office in the solicitation of votes for such candidate shall be eligible
to serve as a member of the board during the term of such elective office or
within two years after such active political participation as described in this
subsection, and the position of any member of the board shall be deemed vacant
upon such
membeŕs
qualifying as a candidate for elective public office or upon such
membeŕs
engaging in such political activity described in this subsection. This
subsection shall not prohibit a nonelective employee of the county governing
authority from serving as a member of the board of elections and
registration.
(f)(1)
Upon the expiration of the terms of office of the two members whose terms end on
December 31, 2005, the executive committee of the political party whose
candidate at the last preceding general election received the largest number of
votes in this state for the office of Governor shall appoint one successor and
the executive committee of the political party whose candidate at the last
preceding general election received the next largest number of votes in this
state for the office of Governor shall appoint one successor.
(2)
Upon the expiration of the terms of office of the three members whose terms end
on December 31, 2007, the executive committee of the political party whose
candidate at the last preceding general election received the largest number of
votes in this state for the office of Governor shall appoint one successor, the
executive committee of the political party whose candidate at the last preceding
general election received the next largest number of votes in this state for the
office of Governor shall appoint one successor, and the county executive
committee of the political party or body whose candidate at the last preceding
general election received the third highest number of votes in this state for
the office of Governor, provided that such number is at least 1 percent of the
total number of votes cast for such office, shall appoint one successor. If
there is no political party or body whose candidate at the last preceding
general election received the third highest number of votes in this state for
the office of Governor which number was at least 1 percent of the total number
of votes cast for such office, the judge of the Probate Court of Walker County
shall make such appointment of a successor for the third member whose term
expires.
(g)
Successors to members whose terms are about to expire shall be appointed to take
office on the first day of January immediately following the expiration of a
term of office and shall serve for terms of four years each and until their
successors are duly appointed and
qualified."
SECTION
2.
Said
Act is further amended by striking Section 3 and inserting in lieu thereof a new
Section 3 to read as follows:
"SECTION
3.
The
appointment of each member shall be made by the appointing
authoritýs
filing with the clerk of the Superior Court of Walker County an affidavit
stating the name and residence address of the person appointed and certifying
that such member has been duly appointed as provided in this Act. The clerk of
the superior court shall record each of such certifications on the minutes of
the court and shall certify the name of each such member to the Secretary of
State and provide for the issuance of appropriate commissions to the members and
chairperson within the same time and in the same manner as provided by law for
registrars. If any appointing authority does not, in conformity with this Act,
certify an appointment to the board within 30 days after the beginning of a term
of office or within 30 days after the creation of a vacancy in that office, a
vacancy shall be deemed to have been thereby created and the judge of the
Probate Court of Walker County shall fill that vacancy by making the appointment
thereto and shall certify it as provided in this section. Any person appointed
to fill such vacancy shall serve out the unexpired term of
office."
SECTION
3.
Said
Act is further amended by striking Section 5 and inserting in lieu thereof a new
Section 5 to read as follows:
"SECTION
5. In the event a vacancy occurs in the office of any member of the board before
the expiration of his or her term by removal, death, resignation, or otherwise,
the vacancy shall be filled for the remainder of the unexpired term by the
appointing authority for that position on the board. The clerk of the superior
court shall be notified of such interim appointments and record and certify such
appointments in the same manner as the regular appointment of
members."
SECTION
4.
The
governing authority of Walker County shall cause, through its legal counsel,
this Act to be submitted for preclearance under Section 5 of the federal Voting
Rights Act of 1965, as amended, within 45 days after the date on which this Act
is approved by the Governor or otherwise becomes law without such
approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.