05 LC 19
6638
House
Bill 927
By:
Representatives Ralston of the
7th,
Forster of the
3rd,
Franklin of the
43rd,
Day of the
163rd,
and Mitchell of the
88th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 4 of Chapter 2 of Title 21 of the Official Code of
Georgia Annotated, relating to nomination and qualification of candidates, so as
to provide a short title; to provide for legislative intent; to change the
provisions relating to nomination of candidates by petition; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Ballot Access Reform Act of
2005."
SECTION
2.
It
is the intent of the General Assembly to increase voter participation and
political debate by making the ballot more accessible for candidates of
political bodies and for independent candidates and to provide for simplified
and consistent petition standards for all public offices.
SECTION
3.
Part
3 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to nomination and qualification of candidates, is amended by
striking in its entirety subsection (b) of Code Section 21-2-170, relating to
nomination of candidates by petition, and inserting in lieu thereof a new
subsection (b) to read as follows:
"(b)
A nomination petition of a candidate seeking
an
state-wide,
congressional, General Assembly or other
office which is voted upon
state wide
in a partisan
election shall be signed by a number of
voters equal to
at least
2
1
percent of the total number of
registered
voters eligible to vote
votes
cast in the last election for the filling
of the office the candidate is seeking and the signers of such petition shall be
registered and eligible to vote in the election at which such candidate seeks to
be elected.
A
nomination petition of a candidate for any other office shall be signed by a
number of voters equal to 5 percent of the total number of registered voters
eligible to vote in the last election for the filling of the office the
candidate is seeking and the signers of such petition shall be registered and
eligible to vote in the election at which such candidate seeks to be
elected. However, in the case of a
candidate seeking an office for which there has never been an election or
seeking an office in a newly constituted constituency, the
percentage
figure
number of
votes cast for the purpose of determining nomination petition requirements
only shall be computed on the total number
of
active
registered voters in the constituency who would have been qualified to vote for
such office had the election been held at the last general
election,
prorated by the state-wide percentage of registered voters
voting, and the signers of such petition
shall be registered and eligible to vote in the election at which such candidate
seeks to be elected.
However, if in
the last election for the filling of an office the candidate qualified for the
same office by nominating petition or other provision of this subsection and
received at least 5 percent of the votes cast for that office, the number of
signatures required shall be reduced by half; if the candidate received at least
10 percent of the votes cast for that office, the requirement for a nominating
petition is
waived."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.