Senate
Bill 80
By:
Senators Williams of the 19th, Staton of the 18th, Goggans of the 7th, Tolleson
of the 20th, Johnson of the 1st and others
AS
PASSED SENATE
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 for the nonpartisan
election of sheriffs; 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,
the office of
sheriff, 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,
the office of
sheriff, 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, offices of local school
boards,
sheriffs,
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.