08 LC 28
4019/AP
House
Bill 1361 (AS PASSED HOUSE AND SENATE)
By:
Representative Houston of the
170th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Cook 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 certain expenditures of
public funds; to provide for compensation of members of the board and personnel;
to provide for offices and equipment; to provide for the board´s
performance of certain functions and duties for certain municipalities; to
provide for related matters; to provide for submission under Section 5 of the
federal Voting Rights Act of 1965, as amended; 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 Cook County, hereinafter referred to as
"the board." The board shall have the powers, duties, and responsibilities of
the superintendent of elections of Cook County under Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," currently being exercised by the
judge of the Probate Court of Cook County, and the powers, duties, and
responsibilities of the Board of Registrars of Cook County under Chapter 2
of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION
2.
The
terms "election," "elector," "political party," "primary," and "public office"
shall have the same meanings 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 Cook County, and "county" means Cook County.
SECTION
3.
(a)
The board shall be composed of five members who shall be appointed as provided
in this section.
(b) The members of the board shall be appointed by the governing authority of Cook County. One member shall be selected by the governing authority of Cook County to serve as chairperson of the board who shall serve as such during his or her term of office.
(c) All appointments to the board shall be promptly certified by the governing authority of Cook County to the Clerk of the Superior Court of Cook County.
(d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Cook County not later than January 1, 2009. The governing authority shall designate two of the initial appointees to serve a term beginning on January 1, 2009, and ending on December 31, 2010, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2011, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January 1, 2009, and ending on December 31, 2012, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2013, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office.
(b) The members of the board shall be appointed by the governing authority of Cook County. One member shall be selected by the governing authority of Cook County to serve as chairperson of the board who shall serve as such during his or her term of office.
(c) All appointments to the board shall be promptly certified by the governing authority of Cook County to the Clerk of the Superior Court of Cook County.
(d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Cook County not later than January 1, 2009. The governing authority shall designate two of the initial appointees to serve a term beginning on January 1, 2009, and ending on December 31, 2010, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2011, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January 1, 2009, and ending on December 31, 2012, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2013, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office.
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 Cook County and must have been registered voters in Cook County for a period of at least one year prior to the date of their appointment to the board.
(b) Members of the board must be residents of Cook County and must have been registered voters in Cook County for a period of at least one year prior to the date of their appointment to the board.
SECTION
5.
The
governing authority of Cook County shall certify the appointment of each member
of the board by filing an affidavit with the clerk of the superior court 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 have the right to resign at any time by giving written
notice of such resignation to the governing authority of Cook County and to the
clerk of the superior court and shall be subject to removal from the board by
the governing authority of Cook County at any time, for cause, after notice and
hearing.
SECTION
7.
In
the event a vacancy occurs in the office of any appointed member before the
expiration of his or her term, by removal, death, resignation, or otherwise, the
governing authority of Cook County shall appoint a successor 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.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any two 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.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any two 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.
SECTION
10.
The
board shall have the authority to contract with any municipality located within
Cook County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
11.
(a)
The governing authority of Cook County shall be authorized to appoint an
election supervisor to 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 be considered an
employee of Cook County and shall be entitled to the same benefits as other
employees of Cook County.
(b) The governing authority of Cook County shall be authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered employees of Cook County and shall be entitled to the same benefits as other employees of Cook County.
(b) The governing authority of Cook County shall be authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered employees of Cook County and shall be entitled to the same benefits as other employees of Cook County.
SECTION
12.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the governing authority of Cook County. Such
compensation shall be paid wholly from county funds.
SECTION
13.
The
governing authority of Cook 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 governing authority of Cook County deems
appropriate.
SECTION
14.
The
board of commissioners of Cook County shall through its legal counsel cause this
Act to be submitted for preclearance under Section 5 of 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
45 days after the date on which this Act is approved by the Governor or
otherwise becomes law without such approval.
SECTION
15.
This
Act shall become effective on 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 judge of the Probate Court of Cook County
and the Board of Registrars of Cook 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. On such date, the Board of
Registrars of Cook County shall be abolished.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.