06 LC 28
2599
Senate
Bill 409
By:
Senators Hamrick of the 30th, Smith of the 52nd and Wiles of the 37th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to contested elections and primaries, so as to require that
the courts determine contested elections and primaries on an expedited basis; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to contested elections and primaries, is amended by striking Code Section
21-2-525, relating to hearings and powers of the court generally, and inserting
in lieu thereof a new Code Section 21-2-525 to read as follows:
∀21-2-525.
(a)
Within 20 days after the return day fixed in the notice as provided in
subsection (a) of Code Section 21-2-524 to the defendant, the presiding judge
shall fix a place and time for the hearing of the contest proceeding. Such
judge may fix additional hearings at such other times and places as are
necessary.
The judge shall set aside or postpone all other business as necessary in
order to decide the contest promptly
and
expeditiously.
(b)
The court having jurisdiction of the action shall have plenary power, throughout
the area in which the contested primary or election was conducted, to make,
issue, and enforce all necessary orders, rules, processes, and decrees for a
full and proper understanding and final determination and enforcement of the
decision of every such case, according to the course of practice in other civil
cases under the laws of this state, or which may be necessary and proper to
carry out this chapter. The court shall have authority to subpoena and to
compel the attendance of any officer of the primary or election complained of
and of any person capable of testifying concerning the same; to compel the
production of evidence which may be required at such hearing, in like manner and
to the same extent as in other civil cases litigated before such court; to take
testimony; and to proceed without delay to the hearing and determination of such
contest,
postponing for the purpose, if necessary, all other
business.
(c)
The court may, in its discretion, limit the time to be consumed in taking
testimony, dividing such time equitably among all litigants concerned, with a
view therein to the circumstances of the matter and to the proximity of the next
succeeding primary or election.
In any event,
the court shall determine the contest prior to the next succeeding primary or
election or prior to the candidate whose election is challenged taking office
and shall take all necessary actions to ensure that such contest is resolved on
an expedited
basis.∀
SECTION
2.
Said
article is further amended by striking Code Section 21-2-528, relating to
appeals from court's determination on contest petition, and inserting in lieu
thereof a new Code Section 21-2-528 to read as follows:
∀21-2-528.
An
appeal from the final determination of the court may be taken within ten days
from the rendition thereof to the Supreme Court as in other civil cases. The
filing of a notice of appeal shall not act as a stay or supersedeas. The
appellant may apply to the Supreme Court for a stay or supersedeas, and such
court shall consider applications for stays or supersedeas in such cases without
regard to whether any notice of appeal has been filed or the record docketed in
such cases.
The Supreme
Court shall consider such applications and such appeals on an expedited
basis.∀
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.