07 LC 28
3574/AP
House
Bill 660 (AS PASSED HOUSE AND SENATE)
By:
Representatives James of the
135th
and Sellier of the
136th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Peach 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 for preclearance 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 Peach County, hereinafter referred to as
"the board." The board shall have the powers, duties, and responsibilities of
the judge of the probate court of Peach 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 Peach 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 "board" means the Board of Elections and
Registration of Peach County, "commissioners" means the Board of Commissioners
of Peach County, and "county" means Peach County.
SECTION
3.
(a)
The board shall be composed of five members who shall be appointed as provided
in this section.
(b) Two members of the board shall be appointed by the governing authority of Peach County.
(c) One member of the board shall be selected by the county executive committee of 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.
(d) One member of the board shall be selected by the county executive committee of 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.
(e) One member shall be selected by the chief judge of the Superior Court of Peach County.
(f) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Peach County.
(g) The initial appointees to the board shall take office on October 1, 2007. The two members appointed by the governing authority of Peach County and the member selected by the chief judge of the Superior Court of Peach County shall serve terms beginning on October 1, 2007, and ending on September 30, 2011, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning October 1, 2011, and until their successors are duly appointed and qualified. The two appointees of the political parties shall serve a term beginning on October 1, 2007, and ending on September 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning October 1, 2009, and until their respective successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four year terms of office and until their successors are duly appointed and qualified.
(b) Two members of the board shall be appointed by the governing authority of Peach County.
(c) One member of the board shall be selected by the county executive committee of 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.
(d) One member of the board shall be selected by the county executive committee of 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.
(e) One member shall be selected by the chief judge of the Superior Court of Peach County.
(f) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Peach County.
(g) The initial appointees to the board shall take office on October 1, 2007. The two members appointed by the governing authority of Peach County and the member selected by the chief judge of the Superior Court of Peach County shall serve terms beginning on October 1, 2007, and ending on September 30, 2011, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning October 1, 2011, and until their successors are duly appointed and qualified. The two appointees of the political parties shall serve a term beginning on October 1, 2007, and ending on September 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning October 1, 2009, and until their respective successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four year terms of office and until their successors are duly appointed and qualified.
SECTION
4.
The
Peach County Board of Commissioners, which will consider the recommendation of
the Board of Elections and Registration of Peach County, shall be authorized to
appoint a person to serve as the election supervisor of Peach County. The Peach
County Board of Commissioners shall set the salary and employment status of the
election supervisor, said salary to be payable from county funds. If appointed,
the election supervisor shall generally 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 supervised by the board and shall be deemed to be
an at-will employee of the Board of Commissioners of Peach County and shall be
subject to removal from office, with or without cause, by the Board of
Commissioners of Peach County.
SECTION
5.
Each
member of the board shall:
(1)
Be eligible to be reappointed to succeed such member;
(2)
Have the right to resign at any time by giving written notice of such
resignation to the governing authority of Peach County and to the clerk of the
Superior Court of Peach County;
(3)
Serve until his or her successor is appointed and qualified; and
(4)
Be subject to removal from the board by the chief judge of the Superior Court of
Peach County at any time, for cause, after notice and hearing.
SECTION
6.
(a)
The appointing authority shall certify the appointment of each member of the
board by filing an affidavit with the clerk of the Superior Court of Peach
County no later than 30 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.
(b) 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.
(b) 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
7.
In
the event a vacancy occurs in the office of any member before the expiration of
his or her term, by removal, death, resignation, or otherwise, the appointing
authority which is required under Section 3 of this Act to make the appointment
to the office upon the expiration of the term shall appoint a successor to serve
the remainder of the unexpired term as provided for in Section 3 of this
Act. If the vacancy in office is not filled within 60 days after it occurs, the
vacancy shall be filled for the remainder of the term by the governing authority
of Peach County. 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.
(a)
The first members of the board under this Act shall be appointed as provided in
this Act to take office on October 1, 2007. The board shall take no official
action until all members have been certified to the clerk of the Superior Court
of Peach County.
(b) 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.
(b) 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)
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 Peach County and must have been registered voters in Peach 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 Peach County and must have been registered voters in Peach County for a period of at least one year prior to the date of their appointment to the board.
SECTION
10.
(a)
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.
(b) The board shall have the authority to contract with any municipality located within Peach County for the holding by the board of any primary or election to be conducted within such municipality.
(b) The board shall have the authority to contract with any municipality located within Peach County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION
11.
With
the approval of the 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
12.
(a)
The board shall be authorized and empowered to organize itself, elect its
officers from among its members, 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 its affairs; provided,
however, that 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.
(b) Action and decision by the board shall be by a majority of the members of the board.
SECTION
13.
(a)
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 meetings at the county courthouse or at the place of
meeting of the commissioners. Any specially called meetings held pursuant to
the bylaws adopted by the board shall be held only after notification of the
time and place or the holding of such special meeting has been communicated in
writing to provide public notice of the meeting as required by law. All
meetings of whatever kind of the board shall be conducted pursuant to Chapter 14
of Title 50 of the O.C.G.A.
(b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
(b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
SECTION
14.
(a)
Compensation for the members of the board shall be fixed by the
commissioners.
(b) All amounts payable under this section shall be paid from the funds of Peach County.
(b) All amounts payable under this section shall be paid from the funds of Peach County.
SECTION
15.
(a)
The board may request additional clerical assistants as needed to carry out
efficiently the duties and functions of the board on either an independent
contract basis or as county employees, to be determined by the commissioners.
The commissioners shall be responsible for determining the pay and salary of all
clerical assistants of the board. Any such assistants shall be hired by the
commissioners, which shall consider the recommendation of the board, and such
clerical assistants shall be at-will employees of the
commissioners.
(b) The commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
(b) The commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
SECTION
16.
The
board shall be responsible for the selection, appointment, and training of poll
workers.
SECTION
17.
The
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
18.
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 October 1, 2007.
Upon this Act becoming fully effective, the current superintendent of elections
of Peach County, the judge of the probate court of Peach County, and the
existing board of registrars of Peach 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. Nothing contained herein
is intended to prevent the appointment of members of the board, the appointment
of an election supervisor, the hiring of clerical staff, or any necessary
training for the members of the board, the election supervisor, and clerical
assistants prior to October 1, 2007.
SECTION
19.
All
laws and parts of laws in conflict with this Act are repealed.