07 LC 28
3458/AP
House
Bill 705 (AS PASSED HOUSE AND SENATE)
By:
Representatives Carter of the
159th
and Burns of the
157th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Effingham 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 certain personnel; 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 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 Effingham County, hereinafter referred to
as "the board." The board shall have the powers, duties, and responsibilities
of the judge of the probate court of Effingham 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 Effingham 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 Effingham County and "county" means Effingham
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 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. Two members 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.
(c) The fifth member shall be chosen by agreement of the members appointed by the political parties. In the event that the political party members cannot agree, the fifth member shall be appointed by the chief judge of the Superior Court of Effingham County.
(d) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Effingham County.
(e) In making the initial appointments to the board, the members appointed by the political parties shall be appointed not later than June 1, 2007. The fifth member shall be appointed not later than June 15, 2007. If such fifth member has not been appointed by June 15, 2007, the chief judge of the Superior Court of Effingham County shall make such appointment not later than July 1, 2007. In making their appointments, the political parties shall designate one of the two appointees to serve a term of office beginning on July 1, 2007, and ending on June 30, 2009, and until his or her successor is duly appointed and qualified. The other appointee of each political party shall serve a term of office beginning on July 1, 2007, and ending on June 30, 2011, and until his or her successor is duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years and until their successors are duly appointed and qualified. The fifth appointee shall serve a term beginning on July 1, 2007, and ending on June 30, 2011, and until his or her successor is duly appointed and qualified. A successor to such member shall thereafter be appointed to serve a term of office of four years and until his or her successor is duly appointed and qualified. In the event that the political party members cannot agree on the appointment of a successor to the fifth member within 30 days after the end of such person´s term of office, the successor shall be appointed by the chief judge of the Superior Court of Effingham County.
(b) Two members 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. Two members 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.
(c) The fifth member shall be chosen by agreement of the members appointed by the political parties. In the event that the political party members cannot agree, the fifth member shall be appointed by the chief judge of the Superior Court of Effingham County.
(d) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Effingham County.
(e) In making the initial appointments to the board, the members appointed by the political parties shall be appointed not later than June 1, 2007. The fifth member shall be appointed not later than June 15, 2007. If such fifth member has not been appointed by June 15, 2007, the chief judge of the Superior Court of Effingham County shall make such appointment not later than July 1, 2007. In making their appointments, the political parties shall designate one of the two appointees to serve a term of office beginning on July 1, 2007, and ending on June 30, 2009, and until his or her successor is duly appointed and qualified. The other appointee of each political party shall serve a term of office beginning on July 1, 2007, and ending on June 30, 2011, and until his or her successor is duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years and until their successors are duly appointed and qualified. The fifth appointee shall serve a term beginning on July 1, 2007, and ending on June 30, 2011, and until his or her successor is duly appointed and qualified. A successor to such member shall thereafter be appointed to serve a term of office of four years and until his or her successor is duly appointed and qualified. In the event that the political party members cannot agree on the appointment of a successor to the fifth member within 30 days after the end of such person´s term of office, the successor shall be appointed by the chief judge of the Superior Court of Effingham County.
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 Effingham County and must have been registered voters in Effingham 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 Effingham County and must have been registered voters in Effingham County for a period of at least one year prior to the date of their appointment to the board.
SECTION
5.
The
appointing authorities shall certify the appointment of each member of the board
by filing an affidavit with the clerk of the superior court not 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 be eligible to serve two full four-year terms of
office, shall have the right to resign at any time by giving written notice of
such resignation to the governing authority of Effingham County 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 Effingham 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
authority which appointed the member whose position has been vacated 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, elect a chairperson, 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 member 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 member 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
Effingham County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
11.
(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. Such election
supervisor shall not be a member of the board. The election supervisor shall be
considered an employee of Effingham County and shall be entitled to the same
benefits as other employees of Effingham
County.
(b) The board is 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 to be employees of Effingham County and shall be entitled to the same benefits as other employees of Effingham County.
(c) The election supervisor and the clerical assistants shall be under the exclusive control, direction, and supervision of the board.
(b) The board is 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 to be employees of Effingham County and shall be entitled to the same benefits as other employees of Effingham County.
(c) The election supervisor and the clerical assistants shall be under the exclusive control, direction, and supervision of the board.
SECTION
12.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the governing authority of Effingham County.
Such compensation shall be paid wholly from county funds.
SECTION
13.
The
governing authority of Effingham 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 Effingham County
deems appropriate.
SECTION
14.
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 July 1, 2007. Upon
this Act becoming fully effective, the superintendent of elections of Effingham
County and the board of registrars of Effingham 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.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.