08 LC 29
3245
House
Bill 1306
By:
Representative Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating
to recall of public officers, so as to require personal service on a public
officer of an application for a recall petition that has been filed with the
election superintendent for verification; to increase the time period for the
officer sought to be recalled to petition for review of the sufficiency of the
grounds for recall or other facts that the recall petition is based upon; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 21 of the Official Code of Georgia Annotated, relating to recall of
public officers, is amended by revising paragraph (3) of subsection (f) of Code
Section 21-4-5, relating to the application for recall petition, as
follows:
"(3)
Upon filing an
application for a recall petition, the sponsors of such
application
The
election superintendent shall immediately
notify in
writing
have the
sheriff or other authorized process server
serve the public officer named for recall
in the application
that
with
a copy of
the completed application for a recall
petition
has been
filed with the election superintendent for
verification.
If the sheriff
is unable to serve the public officer personally, service may be had by
delivering such notification to any person who is sui juris residing at the
public officer´s
residence."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 21-4-6,
relating to the review of grounds for a recall petition, as
follows:
"(a)
Within
four
seven
days after the date of
submission
service
of the application for a recall petition
for
verification
upon the
public officer pursuant to paragraph (3) of subsection (f) of Code Section
21-4-5, excluding Saturdays, Sundays, and
legal holidays, the
public
officer sought to be recalled may file a petition in the superior court of the
county in which such officer is domiciled applying for a review of the
sufficiency of the ground or grounds for the recall and the fact or facts upon
which such ground or grounds are based as set forth in such recall
application."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.