08 LC 28
4232/AP
House
Bill 1450 (AS PASSED HOUSE AND SENATE)
By:
Representatives Powell of the
29th
and Jamieson of the
28th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Franklin 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; to provide
for offices and equipment; to provide for personnel, including a supervisor, and
compensation; 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 Franklin County, hereinafter referred to
as "the board." The board shall have the powers, duties, and responsibilities
of the superintendent of elections of Franklin 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 Franklin County, and the powers, duties, and
responsibilities of the Board of Registrars of Franklin 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 Franklin County, and "county" means Franklin
County.
SECTION
3.
The
board shall be composed of five members, each of whom shall be an elector and a
resident of the county and who shall be appointed as provided in this section.
Two members of the board shall be appointed by the political party that received
the highest number of votes within the county for its candidate for Governor in
the general election immediately preceding the appointment of such members. Two
members of the board shall be appointed by the political party that received the
second highest number of votes within the county for its candidate for Governor
in the general election immediately preceding the appointment of such members.
Each of the members appointed by such political parties shall be nominated by
the chairperson and ratified by the county executive committee of the respective
political party at least 30 days before the beginning of the term of office or
within 30 days after the creation of a vacancy in such office. In the event
that a political party entitled to appoint a member of the board does not have a
county executive committee, such appointment shall be made by the state
executive committee of such political party. One member shall be appointed by
the most senior judge of the Northern Judicial Circuit whose primary office is
located in Franklin County or, if there is no such judge, then the chief judge
of the Northern Judicial Circuit. The judge appointing the fifth member of the
board shall also appoint one of the members of the board to serve as
chairperson. In making the initial appointments to the board, the members shall
be selected at least 30 days prior to January 1, 2009. The initial members and
their successors shall be appointed for terms of office of four years and until
their successors are duly appointed and qualified. The term of each initial
members shall commence on January 1, 2009. Each political party making an
appointment under this section shall certify the name and residential address of
each such appointee to the most senior judge of the Northern Judicial Circuit
whose primary office is located in Franklin County or, if there is no such
judge, then the chief judge of the Northern Judicial Circuit immediately upon
making such appointment.
SECTION
4.
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 qualifying as a
candidate for elective public office.
SECTION
5.
The
most senior judge of the Northern Judicial Circuit whose primary office is
located in Franklin County or, if there is no such judge, then the chief judge
of the Northern Judicial Circuit 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
that 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 body and to the clerk of the superior court, and shall be subject to
removal from the board by the appointing body 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
original appointing body 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, 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 and shall meet not fewer than three times per year. 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. The board shall hold regular meetings and shall meet not fewer than three times per year. 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
Franklin County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
11.
Compensation
for the members of the board, clerical assistants, and other employees of the
board shall be fixed by the Board of Commissioners of Franklin County. Such
compensation shall be paid wholly from county funds.
SECTION
12.
The
supervisor of elections and registration for Franklin County shall not be a
member of the board. The supervisor shall be appointed and removed by the
governing authority of Franklin County in the same manner as department heads.
The supervisor shall provide daily employee supervision, serve as staff support
for the board, attend all meetings of the board, carry out the duties of voter
registration and elections as required by law, and be a full-time employee of
Franklin County.
SECTION
13.
The
Board of Commissioners of Franklin 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
Franklin County deems appropriate.
SECTION
14.
The
Board of Commissioners of Franklin 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 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 judge of the Probate Court of
Franklin County and the Board of Registrars of Franklin 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 Franklin County shall be
abolished.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.