05 LC
22 5880
Senate
Bill 353
By: Senators Walker of the 22nd and Powell of the 23rd
By: Senators Walker of the 22nd and Powell of the 23rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing for the consolidation of Richmond County and the City of
Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended,
particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to
provide for extending the terms of the current members of the Augusta, Georgia,
Commission by one year, so that future elections for members of the commission
shall be held in even_numbered years; to provide that this change shall be
conditioned upon approval by the voters of Augusta, Georgia, at an election to
be called and held for that purpose; to provide that in 2005 there shall be no
municipal primary election; to provide for alternative procedures to be followed
according to the will of the voters; to provide for related matters; to provide
for submission of this Act for approval 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.
An
Act providing for the consolidation of Richmond County and the City of Augusta,
approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an
Act approved April 8, 2002 (Ga. L. 2002, p. 3769), is amended by striking
Section 3 and inserting in its place a new Section 3 to read as
follows:
"SECTION
3.
(a)
Those members of the commission who are serving as of the effective date of the
2005 amendment of this section and any person selected to fill a vacancy in any
such office shall continue to serve until their terms expire as provided in
either paragraph (1) or paragraph (2) of subsection (f) of this
section.
(b)
The mayor pro tempore shall be a member of the commission.
(c)
Except as otherwise provided in this section, successors to members of the
commission shall be elected at a general election to be held on the Tuesday
following the first Monday in November immediately preceding the expiration of
their respective terms of office, shall be nominated and elected by plurality
vote as provided in this section, shall take office on the first day of January
immediately following the date of their election, and shall have terms of office
of four years and until their respective successors are elected and qualified.
Each member of the commission shall be elected by the electors residing within
such member´s commission district.
(d)
The mayor who is serving as such when this section becomes effective in 2005 and
any person selected to fill a vacancy in such office shall continue to serve
until his or her regular term of office expires on December 31, 2006, and until
his or her successor is elected and qualified. Each successor to the office of
mayor shall be elected at a general election to be held on the Tuesday following
the first Monday in November immediately preceding the expiration of a term of
office, shall be nominated and elected by plurality vote as provided in this
section, shall take office on the first day of January immediately following the
date of the election, and shall have a term of office of four years and until a
successor is elected and qualified. The mayor shall be elected on a county_wide
basis by the electors of the entire county.
(e)(1)
Except as otherwise provided in this section, all primaries and elections for
the mayor and members of the commission shall be in accordance with the
provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code,' as now or hereafter amended. All primaries and elections for such offices
shall be conducted on a nonpartisan basis and by plurality vote and candidates
in any such primary or election shall not be listed on the ballot according to
party affiliation. Any person who is a registered voter of Richmond County shall
be eligible to vote in any election under this section.
(2)
As used in this section, the term 'plurality' means the receipt by one candidate
alone of the highest number of votes cast in a primary or election among the
candidates for the same office provided that such candidate receives at least 45
percent of the total number of votes cast in such primary or election for such
office. If two or more candidates tie in receiving the highest number of votes
or no candidate receives 45 percent or more of the total number of votes cast
for the office sought, there is no plurality. If no candidate receives a
plurality of the votes cast in any such primary or election, there shall be a
run_off primary or a run_off election.
(f)
The terms of the members of the commission who are serving as such as of the
effective date of the 2005 amendment of this section and any person selected to
fill a vacancy in any such office shall expire as provided in either paragraph
(1) or paragraph (2) of this subsection. If a majority of those voting at the
election provided for in the 2005 Act amending this section vote in favor of
extending the terms of the members, paragraph (1) of this subsection shall apply
and otherwise paragraph (2) of this subsection shall apply:
(1)
If the terms of the members serving in 2005 are so extended, then:
(A)
Those members of the commission serving in Commission Districts 2, 4, 6, 8, and
10 shall serve until December 31, 2008, and until their respective successors
are elected and qualified; and their respective successors shall be elected from
Commission Districts 2, 4, 6, 8, and 10 in the November, 2008, general election,
shall take office on January 1, 2009, and shall have terms of office of four
years each and until their respective successors are elected and qualified; and
(B)
Those members of the commission serving in Commission Districts 1, 3, 5, 7, and
9 shall serve until December 31, 2006, and until their respective successors are
elected and qualified; and their respective successors shall be elected from
Commission Districts 1, 3, 5, 7, and 9 in the November, 2006, general election,
shall take office on January 1, 2007, and shall have terms of office of four
years each and until their respective successors are elected and qualified;
or
(2)
If the terms of the members serving in 2005 are not so extended,
then:
(A)
Those members of the commission serving in Commission Districts 2, 4, 6, 8, and
10 shall serve until December 31, 2007, and until their respective successors
are elected and qualified; and their respective successors shall be elected from
Commission Districts 2, 4, 6, 8, and 10 in the November, 2007, general election,
shall take office on January 1, 2008, and shall have terms of office of four
years each and until their respective successors are elected and qualified;
and
(B)
Those members of the commission serving in Commission Districts 1, 3, 5, 7, and
9 shall serve until December 31, 2005, and until their respective successors are
elected and qualified; and their respective successors shall be elected from
Commission Districts 1, 3, 5, 7, and 9 at a special election without a special
primary, such special election to be held on the Tuesday next following the
first Monday in November, 2005, shall take office on January 1, 2006, and shall
have terms of office of four years each and until their respective successors
are elected and qualified. Such special election shall be nonpartisan and by
plurality vote in the same manner as regular municipal elections.
(g)
It is specifically provided that, in the year 2005 only, for the purpose of
allowing the holding of the election provided for in the 2005 Act amending this
section, there shall be no municipal primary election for members of the
commission. If paragraph (1) of subsection (f) of this section applies, there
shall be no election of commission members at all in 2005. If paragraph (2) of
subsection (f) of this section applies, the election of commission members in
2005 shall be by special election without a primary, as provided in that
paragraph."
SECTION
2.
Said
Act is further amended by striking subsection (c) of Section 4 and inserting in
its place a new subsection to read as follows:
"(c)
At its first regular meeting in January of each year following the year in which
a regular election is held, the commission shall organize itself. The mayor and
the mayor pro tempore shall recommend to the commission the appointment of such
committees as they deem appropriate and the proposed membership thereof. If the
mayor and the mayor pro tempore disagree on proposed appointments, the
commission shall determine such appointments. All committees and the membership
thereof shall be created, abolished, and appointed as directed by the
commission. The mayor shall not have the right to vote on the appointment of any
member to a committee. The mayor shall not be a voting member of any committee
established by the commission and appointed by the mayor pro
tempore."
SECTION
3.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Augusta, Georgia, shall call and conduct an election as
provided in this section for the purpose of submitting to the electors of
Augusta, Georgia, for approval or rejection the proposition of whether the terms
of the members of the Augusta, Georgia, commission then in office shall be
extended by one year. The election superintendent shall conduct that election on
either the third Tuesday in June of 2005 or the third Tuesday in September of
2005; and all officials of Augusta, Georgia, shall take all appropriate actions
in an effort to allow such election to be held on the earlier of those two
dates. The election superintendent shall issue the call and conduct the election
as provided by general law. The election superintendent shall cause the date and
purpose of the election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Richmond County. The ballot
shall have written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the terms of office of the current members of the Augusta, Georgia, commission
be extended for one year, so that future elections for commissioners shall be
held in even_numbered years?"
|
All
persons desiring to vote for approval shall vote "Yes," and all persons desiring
to vote for rejection shall vote "No." If more than one_half of the votes cast
on such question are for approval, then the terms of the members then in office
shall be extended by one year as contemplated by this Act. The expense of such
election shall be borne by Augusta, Georgia. It shall be the election
superintendent´s duty to certify the result thereof to the Secretary of
State.
SECTION
4.
The
governing authority of Augusta, Georgia, shall through its legal counsel cause
this Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 30 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.