07 LC 37
0369/AP
House
Bill 555 (AS PASSED HOUSE AND SENATE)
By:
Representative Shaw of the
176th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Clinch County and provide for
its powers and duties; to provide for definitions; to provide for the
composition of the board and the selection and appointment of its members; to
provide for the qualification, terms, and removal of members and for filling
vacancies; to provide for oaths and privileges; to provide for meetings,
procedures, and vacancies; to relieve certain officers of certain powers and
duties and 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 officers 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 for preclearance under Section 5 of the federal Voting Rights Act of
1965, as amended; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Pursuant
to Code Section 21-2-40 of the O.C.G.A., there is created the Clinch County
Board of Elections and Registration, herein referred to as "the board." The
board shall have the powers, duties, and responsibilities of the judge of the
probate court of Clinch County under Chapter 2 of Title 21 of the O.C.G.A., the
"Georgia Election Code," and the powers, duties, and responsibilities of the
board of registrars of Clinch 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 Clinch County, and "county" means Clinch County.
SECTION
3.
(a)
The board shall be composed of not less than three nor more than five members,
each of whom shall be appointed as provided in this section.
(b)(1)
One member of the board shall be appointed by the governing authority of Clinch
County and shall serve as chairperson of the board during his or her term of
office. The chairperson shall chair all meetings of the board and be the
spokesperson for the board.
(2)
The remaining board members shall be appointed by the governing authority of
Clinch County from a list of ten nominees submitted by the active political
parties of Clinch County. The governing authority may choose to reject the list
of nominees and, in such cases, such political party or parties shall submit a
list of ten different nominees from whom the governing authority shall appoint
the remaining board members.
(3)
Should there be no active political party or parties in Clinch County at the
time designated to make such appointments, the Grand Jury shall submit a list of
20 nominees to the governing authority from which said appointments shall be
made.
(4)
All appointments to the board shall be promptly certified by the governing
authority of Clinch County to the clerk of the Superior Court of Clinch County
and the election board shall take no official action until such certification is
made.
(c)
In making the initial appointments to the board, the members shall be appointed
by the governing authority of Clinch County not later than the thirtieth day of
the month following the month in which this Act is approved by the Governor or
becomes law without such approval. The governing authority shall designate two
of the initial appointees to serve a term beginning on the first day of the
second month following the month in which this Act becomes law and ending on
December 31, 2008. Successors to such members shall thereafter be appointed to
serve a term of office of four years beginning January 1, 2009. The other
appointees shall serve terms beginning on the first day of the second month
following the month in which this Act becomes law and ending on December 31,
2010. Successors to such members shall thereafter be appointed to serve terms
of office of four years beginning January 1, 2011. Thereafter, all members
shall be appointed to serve four-year terms of office and said appointments
shall be certified in accordance with Section 5 of this Act. Notwithstanding
anything in this Act to the contrary, each member appointed shall serve until
his or her respective successor is duly appointed and qualified and takes
office.
SECTION
4.
(a)
No person who holds elective public office or who holds office in a political
party or body shall be eligible to serve as a member of the board during the
term of such office, and the position of any member of the board shall be deemed
vacant upon such member´s qualification as a candidate for elective public
office or becoming an officer of a political party or
body.
(b) Members of the board must be residents of Clinch County and must have been registered voters in Clinch County for a period of at least one year prior to the date of their appointment to the election board and must be eligible to be reappointed to succeed such member.
(b) Members of the board must be residents of Clinch County and must have been registered voters in Clinch County for a period of at least one year prior to the date of their appointment to the election board and must be eligible to be reappointed to succeed such member.
SECTION
5.
The
governing authority of Clinch 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 certificates 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 Clinch County and to
the clerk of the superior court. Each member shall be subject to removal from
the board by the governing authority of Clinch County at any time, for cause,
after notice and hearing.
SECTION
7.
In
the event a vacancy occurs in the office of any member of the board before the
expiration of a term, by reason of removal, death, resignation, or otherwise,
except by expiration of term, the governing authority shall appoint a successor
for 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 his or her duties, each member of the board shall take
substantially the same oath as required by law for registrars. Each member of
the board shall have the same exemptions from arrest as registrars.
SECTION
9.
(a)
The board shall be authorized and empowered to organize itself, determine its
procedural rules and regulations, adopt bylaws, specify functions and duties of
its employees, and otherwise take such actions as are appropriate to the
management of its affairs; provided, however, than no such action shall conflict
with state law.
(b) Action and decision by the board shall be by a majority of the members of the board. The first members of the board under this Act shall be appointed as provided in this Act to take office on July 1, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Clinch County.
(c) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any special 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 to the public for review.
(b) Action and decision by the board shall be by a majority of the members of the board. The first members of the board under this Act shall be appointed as provided in this Act to take office on July 1, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Clinch County.
(c) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any special 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 to the public for review.
SECTION
10.
The
board shall have the authority to contract with any municipality or governmental
authority located within Clinch County for the holding by the board of any
primary or election to be conducted within such municipality or governmental
authority and as such, shall have the authority to serve as municipal registrar.
The board shall have the authority to enter into contracts with others for the
performance of duties and functions which are not required to be personally
performed by the board members.
SECTION
11.
Any
rule or regulation promulgated by a county executive committee of a political
party under the provisions of subsection (c) of Code Section 21-2-111 of the
O.C.G.A. with regard to the conduct of primaries shall be null and void if they
are in conflict with a valid rule or regulation of the board.
SECTION
12.
Nothing
in this Act shall be construed to require or prohibit joint primaries or to
require or prohibit the commissioners or any other public agency to bear any
expense of conducting primaries not otherwise required by law.
SECTION
13.
With
the approval of the Clinch County Board of Commissioners, the board shall be
authorized to expend public funds for the purpose of preparing and distributing
material solely to inform and instruct electors of the county adequately with
regard to elections. No material distributed by the board shall contain or
express, in any manner or form, any commentary or expression of opinion or
request for support with respect to any political issue or matter of political
concern.
SECTION
14.
(a)
The board 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 not be a member of the board. The election supervisor shall be
considered an employee of Clinch County, may be a full-time or part-time
employee and, when eligible, shall be entitled to the same benefits as other
employees of Clinch County. Compensation of the election supervisor shall be as
established by the Clinch County Board of
Commissioners.
(b) Upon approval by the governing authority of Clinch County, the board shall be authorized to appoint additional clerical assistants as needed to carry out the duties and functions of the board. At the option of the Clinch County Board of Commissioners, all such clerical assistants may be considered to be employees of Clinch County and, when eligible, shall be entitled to the same benefits as other employees of Clinch County. Such assistants may be part time or full time, at the option of the board of commissioners. Compensation of all employees shall be as established by the board of commissioners. The board of commissioners may, at its option, resolve that certain part-time workers shall not be employees of Clinch County but shall be persons with whom the election board shall contract with to perform the duties and functions needed by the board pursuant to law and duly adopted resolutions of the board. Compensation of any nonemployees shall be established by the Clinch County Board of Commissioners.
(c) Consistent with Section 15 of this Act, in addition to receiving compensation for attendance at meetings of the board and expense reimbursement for expenses incurred while on the business of the board, members of the board shall be authorized to perform other duties relative to the operation of the board and may be compensated for the performance of such other duties as established by the board of commissioners.
(b) Upon approval by the governing authority of Clinch County, the board shall be authorized to appoint additional clerical assistants as needed to carry out the duties and functions of the board. At the option of the Clinch County Board of Commissioners, all such clerical assistants may be considered to be employees of Clinch County and, when eligible, shall be entitled to the same benefits as other employees of Clinch County. Such assistants may be part time or full time, at the option of the board of commissioners. Compensation of all employees shall be as established by the board of commissioners. The board of commissioners may, at its option, resolve that certain part-time workers shall not be employees of Clinch County but shall be persons with whom the election board shall contract with to perform the duties and functions needed by the board pursuant to law and duly adopted resolutions of the board. Compensation of any nonemployees shall be established by the Clinch County Board of Commissioners.
(c) Consistent with Section 15 of this Act, in addition to receiving compensation for attendance at meetings of the board and expense reimbursement for expenses incurred while on the business of the board, members of the board shall be authorized to perform other duties relative to the operation of the board and may be compensated for the performance of such other duties as established by the board of commissioners.
SECTION
15.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees and contractual sums shall be fixed by the governing authority
of Clinch County. Such compensation shall be paid wholly from county
funds.
SECTION
16.
The
governing authority of Clinch County shall provide the board with such proper
and suitable offices, equipment, materials, and supplies and, if necessary, with
such clerical assistance and other employees as the governing authority of
Clinch County deems appropriate. The Clinch County Board of Commissioners may
contract with others to provide the same.
SECTION
17.
Upon
this Act becoming fully effective, the superintendent of elections of Clinch
County and the board of registrars of Clinch County shall deliver to the board
all equipment, supplies, materials, books, papers, records, and facilities
pertaining to such powers and duties and thereafter shall be relieved of all
powers and duties to which the board succeeds by the provisions of this
Act.
SECTION
18.
The
Clinch County Board of Commissioners shall cause, through its legal counsel,
this Act to be submitted for preclearance under Section 5 of the federal Voting
Rights Act of 1965, as amended, within 45 days after the date on which this Act
is approved by the Governor or otherwise becomes law without such
approval.
SECTION
19.
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 the first day of
the second month following its approval.
SECTION
20.
All
laws and parts of laws in conflict with this Act are repealed.