05 LC 34
0312
Senate
Bill 278
By:
Senators Jones of the 10th and Starr of the 44th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for the Henry County Board of Elections and Registration; to provide for
the board as a successor to the boards created under prior law; to provide for
the powers and duties of the board; to provide for the appointment, resignation,
and removal of its members; to provide an administrative office for elections
and registrations; to staff such office with an administrative director,
clerical assistants, and other employees; to provide compensation for
administrative personnel and members of the board; to terminate the former board
of elections and board of registrars; to repeal a specific Act; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
There
shall be a Henry County Board of Elections and Registration which shall have
jurisdiction over the conduct of primaries and elections and the registration of
electors in such county, in accordance with the provisions of this Act. The
board shall be a continuation of and a successor to the boards created under
prior law.
SECTION
2.
Such
board shall be composed of five members. Each member of the Henry County Board
of Elections and Registration shall be an elector and a resident of the county
and shall be selected in the following manner:
(1)
Two members shall be appointed by the chairperson of the county executive
committee of the political party whose candidates at the last preceding regular
general election held for the election of all members of the General Assembly
received the largest number of votes in this state for members of the General
Assembly, and two members shall be appointed by the chairperson of the county
executive committee of the political party whose candidates at such election
received the next largest number of such votes; provided, however, each such
appointment shall have been ratified by a majority of the members of each
respective executive committee voting at a regularly scheduled meeting of such
executive committee or a meeting duly called and held for such purposes. In the
event such appointments are not ratified by a majority of the members of such
executive committees at least 60 days preceding the date on which such members
are to take office, then the members of the respective executive committees may
elect such members by a
two-thirdś
majority of the membership of such executive committees at a regularly scheduled
meeting or at a meeting duly called and held for such purposes. In the event
the members of said executive committees fail to elect such members at least 30
days preceding the date on which such members are to take office, then such
members shall be appointed in accordance with the provisions of Section 5 of
this Act.
(2)
The fifth member of the board shall be appointed by a majority vote of the other
four members of the board. Said fifth member shall be appointed within 30 days
of the party appointed members taking office. The fifth member so selected
shall be deemed to be a member at large. Any appointment made under the
provisions of this paragraph shall also be entered upon the minutes of the
governing authority. The appointment of the member at large shall not be
governed by the provisions of Section 5 of this Act.
SECTION
3.
No
person who holds public office, whether elective or appointive, shall be
eligible to serve as a member of the board during the term of such office, and
the position of membership of any member shall be deemed vacant upon such member
qualifying as a candidate for any elective public office. Neither the acting
elections supervisor nor the elections supervisor shall be eligible to serve as
a member of the board, nor shall either of them be appointed or elected to serve
as a member of the board.
SECTION
4.
The
appointment or election of each appointed or elected member shall be made by the
respective appointing or electing authority by filing an affidavit with the
clerk of the superior court no later than 30 days preceding the date at which
such member is to take office that states the name and residential address of
the person appointed or elected and certifying that such member has been duly
appointed or elected as provided in this Act. The appointment of the fifth
member of the board, known as the member at large, shall be made by the other
four members of the board by filing an affidavit with the clerk of the superior
court no later than 15 days preceding the date at which such member is to take
office that states the name and residential 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 such certification on the
minutes of the court and shall certify the name of each appointed or elected
member to the Secretary of State and provide for the issuance of appropriate
commissions to the members as provided by law for registrars.
SECTION
5.
In
the event any appointing or electing authority fails: (1) to make a regular
appointment or election within the times specified in Section 2 or Section 4 of
this Act, or (2) to make an interim appointment or election to fill a vacancy
within 90 days after the creation of such vacancy, such regular member or the
member to fill such vacancy shall be appointed forthwith by the governing
authority of said county. This section shall not apply to the selection process
of the member at large.
SECTION
6.
Each
appointed or elected member of the board shall:
(1)
Serve for a term of two years and until his or her successor is appointed or
elected and qualified, except in the event of resignation or removal as
hereinafter provided;
(2)
Be eligible to succeed himself or herself and have the right to resign at any
time by giving written notice of his or her resignation to the respective
appointing or electing authority and to the clerk of the superior court;
and
(3)
Be subject to removal from the board at any time for cause, after notice and
hearing, in the same manner and by the same authority as is provided for the
removal of registrars.
SECTION
7.
In
the event a vacancy occurs in the office of any appointed or elected member
before the expiration of his or her term by removal, death, resignation, or
otherwise, the respective appointing or electing authority shall appoint or
elect a successor to serve for the remainder of the unexpired term. The clerk
of the superior court shall be notified of interim appointments or elections and
record and certify such appointments or elections in the same manner as the
regular appointment or election of members.
SECTION
8.
(a)
The board members shall take office on July 1 of odd-numbered years. The board
shall take no official action until the member at large has been certified to
the clerk of the superior court.
(b) Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
(b) Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
SECTION
9.
The
board shall:
(1)
With regard to the preparation for and conduct of elections, succeed to and
exercise all duties and powers granted to and incumbent upon the Henry County
Board of Elections or probate judge by general or local law of whatever nature
and kind;
(2)
With regard to preparation for and conduct of primaries, succeed to all the
duties and powers granted to and incumbent upon the Henry County Board of
Elections or probate judge by general or local law of whatever nature and kind;
and
(3)
With regard to the registration of electors, succeed to and exercise all powers,
duties, and responsibilities conferred upon and incumbent upon the Henry County
Board of Registrars pursuant to general law of whatever nature and
kind.
SECTION
10.
Any
rule or regulation promulgated by a county executive committee with regard to
the conduct of primaries shall be null and void if in conflict with a valid rule
or regulation of the Board of Elections and Registration.
SECTION
11.
Nothing
in this Act shall be construed to require or prohibit joint primaries or to
require or prohibit the governing authority or any other public agency to bear
any expense of conducting primaries not otherwise required by law.
SECTION
12.
With
the consent of the governing authority, the board shall be authorized to expend
public funds for the purpose of preparing and distributing material solely to
adequately inform and instruct electors of the county 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
13.
(a)
The board shall be authorized and empowered to organize itself, elect its
officers, determine its procedural rules and regulations, adopt bylaws, specify
the functions and duties of its employees, and otherwise take such action as is
appropriate to the management of the affairs committed to its supervision;
provided, however, that no such action shall conflict with state
law.
(b) Action and decision by the board shall be by a majority of the members of the board.
(c) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
(b) Action and decision by the board shall be by a majority of the members of the board.
(c) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION
14.
This
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 regular monthly meetings to be held at the county courthouse.
Any special called meetings, held pursuant to the bylaws adopted by the board,
shall be held only after written notification of the time and place of such
meeting has been communicated in writing to the person designated by the county
governing authority to provide public information. All meetings of whatever
kind of the board shall be open to the public.
SECTION
15.
The
board shall be responsible for the selection and appointment of an
administrative director, to be known as the elections supervisor, to administer
and supervise conduct of elections, primaries, and registration of electors for
the county. Compensation shall be determined in accordance with and under the
merit system established by the governing authority of the county. Compensation
for the elections supervisor shall be paid by the governing authority under the
merit system wholly from county funds.
SECTION
16.
The
governing authority of the county shall expend public funds to provide the
elections supervisor with such proper and suitable administrative offices and
with such clerical assistants and other employees as the governing authority
shall deem appropriate in accordance with the merit system. Compensation for
such administrative personnel shall be paid by the governing authority under the
merit system wholly from county funds.
SECTION
17.
The
board shall be responsible for the selection, appointment, and training of poll
workers in elections. Such workers shall be appointed, insofar as practical,
from lists provided by the county executive committees of the two major
political parties appointing members to the Board of Elections and
Registration.
SECTION
18.
Compensation
for members on the board shall be set at $200.00 a month. Said compensation
shall be paid by the governing authority wholly from county funds.
SECTION
19.
The
words "election," "elector," "political party," "primary," "public office,"
"special election," and "special primary" shall have the same meaning ascribed
to those words by general state law, as amended, unless otherwise clearly
apparent from the text of this Act.
SECTION
20.
Effective
on the date the board can first take official action under Section 8 of this
Act, the Henry County Board of Elections and the Board of Registrars of Henry
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 chair of the board, upon the
chaiŕs
written request, the custody of all equipment, supplies, materials, books,
papers, records, and facilities of every kind pertaining to such powers and
duties.
SECTION
21.
This
Act shall become effective July 1, 2005, except that for purposes of appointment
of board members, this Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION
22.
An
Act creating the Henry County Board of Elections (Ga. L. 1995, p. 4198) is
specifically repealed.
SECTION
23.
All
laws and parts of laws in conflict with this Act are repealed.