05 LC 18
4213
House
Bill 892
By:
Representatives Smith of the
168th
and Mosley of the
178th
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 that the General Assembly
by local law may provide for the nonpartisan election of clerks of the superior
court, sheriffs, tax receivers, tax collectors, tax commissioners, coroners, and
county 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)
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,
the office of
sheriff, the office of tax receiver, the office of tax collector, the office of
tax commissioner, the office of clerk of superior court, the office of coroner,
the office of county commissioner,
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.