08 LC 28
4133/AP
House
Bill 1352 (AS PASSED HOUSE AND SENATE)
By:
Representative Sims of the
169th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Atkinson County and to provide
for its powers and duties; to provide for definitions; to provide for the
composition of the board and the selection and appointment of members; to
provide for the qualification, terms, and removal of members; to provide for
oaths and privileges; to provide for meetings, procedures, and vacancies; to
relieve certain officers of powers and duties and to provide for the transfer of
functions to the newly created board; to provide for expenditures of public
funds; to provide for compensation of members of the board; to provide for
offices and equipment; to provide for personnel and compensation; to provide for
the board´s performance of certain functions and duties for certain
municipalities; to provide for related matters; to provide effective dates; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Pursuant
to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the
Board of Elections and Registration of Atkinson County, hereinafter referred to
as "the board." The board shall have the powers and duties of the former
superintendent of elections of Atkinson County under Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," relating to the conduct of primaries
and elections and the former board of registrars of Atkinson County under
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to
the registration of electors and absentee voting.
SECTION
2.
The
terms "election," "elector," "political party," "primary," and "public office"
shall have the same meaning as set forth in Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from
the text of this Act, and the term "commissioners" means the Board of
Commissioners of Atkinson County and "county" means Atkinson
County.
SECTION
3.
(a)
The board shall be composed of three members, each of whom shall be an elector
and resident of the county and who shall be appointed as provided in this
section.
(b) The chairperson and each member of the Board of Commissioners of Atkinson County shall nominate one person for appointment to the board. The Board of Commissioners shall select from among such nominees three members to serve on the board.
(c) All appointments to the board shall be promptly submitted to the clerk of the Superior Court of Atkinson County as provided in this Act.
(d) In making the initial appointments to the board, the members shall be selected by not later than December 1, 2008. Each of the initial appointees to the board shall serve a term of four years beginning January 1, 2009, and ending December 31, 2012, and until their successors are appointed and qualified. Thereafter, successors shall be appointed during the month of December immediately preceding the end of the members´ terms of office in the manner provided in subsection (b) of this section, and such successors shall take office on the following January 1 and serve terms of office of four years and until their successors are appointed and qualified.
(e) At its first meeting in each odd-numbered year, the board shall elect from its members a chairperson.
(b) The chairperson and each member of the Board of Commissioners of Atkinson County shall nominate one person for appointment to the board. The Board of Commissioners shall select from among such nominees three members to serve on the board.
(c) All appointments to the board shall be promptly submitted to the clerk of the Superior Court of Atkinson County as provided in this Act.
(d) In making the initial appointments to the board, the members shall be selected by not later than December 1, 2008. Each of the initial appointees to the board shall serve a term of four years beginning January 1, 2009, and ending December 31, 2012, and until their successors are appointed and qualified. Thereafter, successors shall be appointed during the month of December immediately preceding the end of the members´ terms of office in the manner provided in subsection (b) of this section, and such successors shall take office on the following January 1 and serve terms of office of four years and until their successors are appointed and qualified.
(e) At its first meeting in each odd-numbered year, the board shall elect from its members a chairperson.
SECTION
4.
(a)
No person who holds elective public office shall be eligible to serve as a
member of the board during the term of such elective office, and the position of
any member of the board shall be deemed vacant upon such member´s
qualifying as a candidate for elective public
office.
(b) Members of the board must be residents of Atkinson County and must have been a registered voter in Atkinson County for a period of at least one year prior to the date of appointment to the board.
(c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Atkinson County nor shall any member of the board be employed by or work directly for any agency of state government or Atkinson County.
(d) No member of the board shall have been convicted of any felony or crime involving moral turpitude or election fraud or have been found by any civil or administrative court or tribunal to have committed election fraud. Upon indictment of any felony or crime involving election fraud or moral turpitude, a member shall stand immediately terminated as a matter of law.
(b) Members of the board must be residents of Atkinson County and must have been a registered voter in Atkinson County for a period of at least one year prior to the date of appointment to the board.
(c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Atkinson County nor shall any member of the board be employed by or work directly for any agency of state government or Atkinson County.
(d) No member of the board shall have been convicted of any felony or crime involving moral turpitude or election fraud or have been found by any civil or administrative court or tribunal to have committed election fraud. Upon indictment of any felony or crime involving election fraud or moral turpitude, a member shall stand immediately terminated as a matter of law.
SECTION
5.
The
board of commissioners shall certify the appointment of each member of the board
by filing an affidavit with the Clerk of the Superior Court of Atkinson County
no later than 15 days preceding the date upon which such members are to take
office, stating the name and residential address of the person appointed and
certifying such member has been duly appointed as provided in this Act. The
clerk of the superior court shall record each of such certifications on the
minutes of the superior court and shall certify the name of each such appointed
member to the Secretary of State and provide for the issuance of appropriate
commissions to the members within the same time and in the same manner as
provided by law for registrars.
SECTION
6.
Each
member of the board shall be eligible to serve successive terms, shall have the
right to resign at any time by giving written notice of such resignation to the
appointing commissioner and to the clerk of the superior court, and shall be
subject to removal from the board at any time, for cause, after notice and
hearing, by the board or by the chief judge of the Superior Court of Atkinson
County.
SECTION
7.
In
the event a vacancy occurs in the office of any board member before the
expiration of his or her term, by removal, death, resignation, or otherwise, and
there is more than one year remaining in the member´s term of office, the
board of commissioners shall appoint a successor within ten business days after
the occurrence of the vacancy to serve the remainder of the unexpired term as
provided for in Section 3 of this Act. The clerk of the superior court shall be
notified of such interim appointments and record and certify such appointments
in the same manner as the regular appointment of members.
SECTION
8.
Before
entering upon the member´s 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.
(a)
The board shall be authorized to organize itself, 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. Action and decision by the board shall be by a
majority of the members of the board. The board shall be responsible for the
selection, appointment, and training of poll workers in primaries and elections
and such workers shall be appointed, insofar as practicable, from lists provided
to the board by the county executive committee of each political
party.
(b) The 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 meetings on the first Tuesday of each month and more often if needed in the opinion of the members. The time of such meetings shall be set by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
(c) Members of the board shall receive not less than $100.00 per month as compensation for service on the board. The chairperson shall receive not less than $200.00 per month as compensation. On primary and election days and during the period of advance voting pursuant to subsection (b) of Code Section 21-2-380 of the O.C.G.A., the chairperson and members of the board shall be compensated at the rate of $10.00 per hour. The hours of service shall be certified to the commissioners by the chairperson of the board.
(b) The 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 meetings on the first Tuesday of each month and more often if needed in the opinion of the members. The time of such meetings shall be set by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
(c) Members of the board shall receive not less than $100.00 per month as compensation for service on the board. The chairperson shall receive not less than $200.00 per month as compensation. On primary and election days and during the period of advance voting pursuant to subsection (b) of Code Section 21-2-380 of the O.C.G.A., the chairperson and members of the board shall be compensated at the rate of $10.00 per hour. The hours of service shall be certified to the commissioners by the chairperson of the board.
SECTION
10.
The
board shall have the authority to contract with any municipality located within
Atkinson County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
11.
(a)
The board shall, with the approval of the commissioners, appoint an elections
supervisor who shall generally supervise, direct, and control the administration
of the affairs of the board pursuant to law and duly adopted resolutions of the
board. The election supervisor shall not be a member of the board. The
election supervisor shall be considered an employee of Atkinson County and shall
be entitled to the same benefits as other employees of Atkinson County. The
election supervisor shall be subject to all personnel and policy procedures of
Atkinson County. The election supervisor shall maintain regular office hours as
directed by the governing authority of Atkinson
County.
(b) The supervisor of elections shall not be an active member of any political party or body.
(c) Upon indictment of any felony or crime involving election fraud or moral turpitude, the election supervisor shall be terminated from the position as a matter of law. Such vacancy shall be filled by appointment of the board within ten business days following the occurrence of such vacancy.
(d) The board is authorized, with the approval of the commissioners, to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Atkinson County and shall be entitled to the same benefits as other employees of Atkinson County. Any clerical assistants shall be subject to all personnel and policy procedures of Atkinson County. Upon indictment of any felony or crime involving election fraud or moral turpitude, a clerical assistant shall resign or be terminated from his or her position.
(b) The supervisor of elections shall not be an active member of any political party or body.
(c) Upon indictment of any felony or crime involving election fraud or moral turpitude, the election supervisor shall be terminated from the position as a matter of law. Such vacancy shall be filled by appointment of the board within ten business days following the occurrence of such vacancy.
(d) The board is authorized, with the approval of the commissioners, to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Atkinson County and shall be entitled to the same benefits as other employees of Atkinson County. Any clerical assistants shall be subject to all personnel and policy procedures of Atkinson County. Upon indictment of any felony or crime involving election fraud or moral turpitude, a clerical assistant shall resign or be terminated from his or her position.
SECTION
12.
Compensation
for the members of the board, election superintendent, clerical assistants, and
other employees shall be fixed by the board of commissioners in accordance with
the provisions of this Act. Such compensation shall be paid wholly from county
funds.
SECTION
13.
(a)
The Board of Commissioners of Atkinson County shall provide the board with such
proper and suitable offices, equipment, materials, and supplies and with such
clerical assistance and other employees as the Board of Commissioners of
Atkinson County deems appropriate.
(b) The commissioners shall also cause periodic audits to be made of the board and its offices.
(b) The commissioners shall also cause periodic audits to be made of the board and its offices.
SECTION
14.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval for purposes of making initial appointments
to the board only. This Act shall become fully effective on January 1, 2009.
Upon this Act becoming fully effective, the superintendent of elections of
Atkinson County and the board of registrars of Atkinson County shall be relieved
of all powers and duties to which the board succeeds by the provisions of this
Act and shall deliver to the board all equipment, supplies, materials, books,
papers, records, and facilities pertaining to such powers and
duties.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.