08 LC 33
2608/AP
House
Bill 1471 (AS PASSED HOUSE AND SENATE)
By:
Representatives Knight of the
126th,
Maddox of the
127th,
and Cole of the
125th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Joint Board of Elections and Registration of Lamar
County, approved May 14, 2007 (Ga. L. 2007, p. 3520), so as to revise the
composition of the board; to provide for the continuation in office of persons
serving as members of the board on a certain date; to eliminate term limits; to
revise certain provisions relating to municipal primaries and elections; to
provide for a four-year term for the supervisor of elections; to provide
provisions for purposes of conformity; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Joint Board of Elections and Registration of Lamar County,
approved May 14, 2007 (Ga. L. 2007, p. 3520), is amended by revising the last
sentence of Section 1 to read as follows:
"Except
as otherwise provided in this Act, the board shall have the powers, duties, and
responsibilities of the judge of the probate court of Lamar County, the
municipal election superintendents of the City of Barnesville and the City of
Milner, and the board of registrars of Lamar County, all as provided for under
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election
Code.""
SECTION
2.
Said
Act is further amended by revising Section 3 to read as follows:
"SECTION
3.
(a)
The board shall be composed of five members who shall be appointed as
follows:
(1)
One member of the board shall be appointed by the governing authority of Lamar
County. Said member shall not be an officer or member of the executive committee
of any political party at the time of such member´s selection or at any
time during such member´s term of office as a member of the
board;
(2)
One member of the board shall be appointed by the governing authority of the
City of Barnesville. Said member shall not be an officer or member of the
executive committee of any political party at the time of such member´s
selection or at any time during such member´s term of office as a member of
the board;
(3)
One member of the board shall be appointed by the governing authority of the
City of Milner. Said member shall not be an officer or member of the executive
committee of any political party at the time of such member´s selection or
at any time during such member´s term of office as a member of the board;
and
(4)
One member of the board shall be appointed by the political party which received
the highest number of votes within the county for its candidate for Governor in
the general election immediately preceding the appointment of such member, and
one member of the board shall be appointed by the political party which 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
member. Each of the respective members appointed by political parties shall be
nominated by the party 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 the 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.
(b)
All appointments to the board shall be promptly certified by the appointing
authority to the clerk of the Superior Court of Lamar County.
(c)
The members of the board serving in office on June 30, 2008, and any person
selected to fill a vacancy in any such office shall continue to serve until the
expiration of the terms for which they were appointed and until their successors
are appointed and qualified.
(d)(1)
Monica Walters, the member of the board appointed to a term beginning on January
1, 2008, shall be designated as serving from and representing Lamar County as
newly described under subsection (a)(1) of Section 3 of this Act and shall serve
a term of office ending on December 31, 2011.
(2)
Georgia Fletcher, the member of the board appointed to a term beginning on
January 1, 2008, shall be designated as serving from and representing the City
of Barnesville as newly described under subsection (a)(2) of Section 3 of this
Act and shall serve a term of office ending on December 31, 2010.
(3)
Richard Smith, the member of the board appointed to a term beginning on January
1, 2008, shall be designated as serving from and representing the City of Milner
as newly described under subsection (a)(3) of Section 3 of this Act and shall
serve a term of office ending on December 31, 2010.
(4)
Charles Glass and Gerald Thompson, the members of the board appointed to a term
beginning on January 1, 2008, shall be designated as serving from and
representing the two political parties as newly described under subsection
(a)(4) of Section 3 of this Act and shall each serve a term of office ending on
December 31, 2009.
(e)
Successors to each member shall thereafter be appointed by the appropriate
appointing authority to serve a term of office of four years and until his or
her successor is duly appointed and qualified."
SECTION
3.
Said
Act is further amended by revising subsection (b) of Section 4 to read as
follows:
"(b)
Members of the board shall be residents of Lamar County or their respective
city, as appropriate, and shall have been registered voters in Lamar County for
a period of at least one year prior to the date of their appointment to the
board."
SECTION
4.
Said
Act is further amended by revising Section 6 to read as follows:
"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 Lamar County, the City
of Barnesville, or the City of Milner, as appropriate, and to the clerk of the
superior court and shall be subject to removal from the board by the chief judge
of the Superior Court of Lamar County at any time, for cause, after notice and
hearing."
SECTION
5.
Said
Act is further amended in Section 9 by revising subsection (c) and adding a new
subsection to read as follows:
"(c)
At the request of the City of Barnesville or the City of Milner, as appropriate,
the board shall conduct the holding of any municipal primary or election within
the City of Barnesville or the City of Milner. Each city shall designate
polling places and handle the qualifying of candidates for their respective
municipal primaries and elections, unless the board is otherwise requested to
handle such duties.
(d)
The City of Barnesville and the City of Milner shall each contribute an annual
lump sum amount, as determined by the board, for the board´s duties with
respect to each city, and no other cost shall be paid to the board by the cities
to conduct any municipal primary or election."
SECTION
6.
Said
Act is further amended by revising subsection (a) of Section 11 to read as
follows:
"(a)
The Lamar County Board of Commissioners shall appoint a person to serve as the
initial supervisor of elections of Lamar County to serve for a term of four
years. Upon expiration of the supervisor´s four-year term, the board may
reappoint the initial supervisor or appoint a new supervisor for a term of four
years and shall reappoint or appoint a supervisor every four years thereafter.
Such position shall be full time, and such person shall be paid a salary to be
set by the board. The supervisor of elections shall generally direct and
control the administration of elections and voter registration in Lamar County
and, except as otherwise provided for in this Act, the holding of any municipal
primary or election to be conducted within the City of Barnesville and the City
of Milner and 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 supervisor of elections shall be supervised by the board and shall
be subject to removal from office by the board, with or without cause. The
supervisor of elections shall not be a member of the board nor an elected
official. The election supervisor shall be considered an employee of Lamar
County and shall be entitled to the same benefits as other employees of Lamar
County."
SECTION
7.
Said
Act is further amended by revising Section 12 to read as follows:
"SECTION
12.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the governing authority of Lamar County. Such
compensation shall be paid from county funds and from the annual lump sum of
municipal funds of the City of Barnesville and the City of Milner as provided
for in Section 9 of this Act."
SECTION
8.
Said
Act is further amended by revising the last sentence of Section 14 to read as
follows:
"Upon
this Act becoming fully effective, the superintendent of elections of Lamar
County, the board of registrars of Lamar County, and, except as otherwise
provided for in this Act, the municipal election superintendents of the City of
Barnesville and the City of Milner 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
9.
All
laws and parts of laws in conflict with this Act are repealed.