07 LC 14
9645/AP
House
Bill 773 (AS PASSED HOUSE AND SENATE)
By:
Representatives Richardson of the
19th
and Maxwell of the
17th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Paulding 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 Paulding County, hereinafter referred to
as "the board." The board shall have the powers, duties, and responsibilities
of the judge of the probate court of Paulding 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 Paulding 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 meaning 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 Paulding County and "county" means Paulding
County.
SECTION
3.
(a)
The board shall be composed of five members who shall be appointed as provided
in this section.
(b) Three members of the board shall be appointed by the Paulding County board of commissioners. If a majority of the members of the Paulding County board of commissioners are affiliated with a political party, at least one of the three members so appointed shall be affiliated with a different political party.
(c) One member of the board shall be appointed by majority vote of the Paulding County probate judge, clerk of superior court, sheriff, and tax commissioner.
(d) One member shall be appointed by majority vote of the Paulding County legislative delegation in the General Assembly, which for this purpose shall consist of each member of the General Assembly whose legislative district includes any part of Paulding County.
(e) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Paulding County.
(f) The initial appointees to the board shall take office on July 1, 2007. Each initial member shall serve a term of office beginning on July 1, 2007, and ending on June 30, 2011. Thereafter, all members shall be appointed to serve four-year terms of office beginning July 1, 2011, and quadrennially thereafter.
(g) The Paulding County board of commissioners shall designate one of its appointees to serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.
(b) Three members of the board shall be appointed by the Paulding County board of commissioners. If a majority of the members of the Paulding County board of commissioners are affiliated with a political party, at least one of the three members so appointed shall be affiliated with a different political party.
(c) One member of the board shall be appointed by majority vote of the Paulding County probate judge, clerk of superior court, sheriff, and tax commissioner.
(d) One member shall be appointed by majority vote of the Paulding County legislative delegation in the General Assembly, which for this purpose shall consist of each member of the General Assembly whose legislative district includes any part of Paulding County.
(e) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Paulding County.
(f) The initial appointees to the board shall take office on July 1, 2007. Each initial member shall serve a term of office beginning on July 1, 2007, and ending on June 30, 2011. Thereafter, all members shall be appointed to serve four-year terms of office beginning July 1, 2011, and quadrennially thereafter.
(g) The Paulding County board of commissioners shall designate one of its appointees to serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.
SECTION
4.
There
shall be an election supervisor who 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 appointment of the supervisor shall be made by the board of
commissioners, which will consider the recommendation of the board of elections
and registration. The supervisor shall be appointed and removed by the board of
commissioners in the same manner as department heads. The compensation of such
election supervisor shall be established by the board of commissioners in the
same manner as department heads. The election 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 Paulding 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 Paulding County and to the clerk of
the superior court; and
(3)
Serve until his or her successor is appointed and qualified.
SECTION
6.
(a)
The appointing authority shall certify the appointment of each member of the
board by filing a certificate with the clerk of the superior court 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 an appointment by the
chief judge of the Superior Court of Paulding 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 July 1, 2007. The board shall take no official
action until all members have been certified to the clerk of the Superior Court
of Paulding 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 Paulding County and must have been registered voters in Paulding County for a period of at least one year prior to the date of appointment to the board.
(b) Members of the board must be residents of Paulding County and must have been registered voters in Paulding County for a period of at least one year prior to the date of appointment to the board.
SECTION
10.
The
board shall have the authority to contract with any municipality or governmental
authority located within Paulding County for the holding by the board of any
primary or election to be conducted within such municipality or governmental
authority. The full costs of any such election shall be paid for by the
requesting municipality or governmental authority along with a fee established
by the board to offset operational costs of the office of the Paulding County
Board of Elections and Registration.
SECTION
11.
(a)
The board shall be authorized and empowered to organize itself, elect from among
its members a vice 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 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
12.
(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 such place or places as may be designated for
that purpose by the Paulding County board of 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 of the holding of such special
meeting has been communicated in writing to the election supervisor 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
13.
Compensation
for the members of the board shall be fixed by the Board of Commissioners of
Paulding County. All amounts payable under this section shall be paid from the
funds of Paulding County.
SECTION
14.
(a)
The board may employ, subject to funding by the Paulding County Board of
Commissioners, additional clerical assistants as needed to efficiently carry
out the duties and functions of the board on either an independent contract
basis or as county employees entitled to all benefits as other county employees,
to be determined by the board of commissioners. The compensation of all
clerical assistants shall be established by the board of commissioners in the
same manner as for other county employees. Any such assistants shall be at-will
employees of the board of
commissioners.
(b) The board of commissioners, at their legislative discretion, shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
(b) The board of commissioners, at their legislative discretion, shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
SECTION
15.
The
board shall be responsible for the selection, appointment, and training of poll
workers.
SECTION
16.
The
Board of Commissioners of Paulding County 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
17.
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 or upon such later date determined by the
board of commissioners, the superintendent of elections of Paulding County and
the board of registrars of Paulding 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 in this
section is intended to prevent the following from taking place prior to July 1,
2007: appointment of members of the board; the hiring 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.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.