07 LC 29
2552
House
Bill 97
By:
Representatives Lindsey of the
54th,
Wilkinson of the
52nd,
Teilhet of the
40th,
Tumlin of the
38th,
Jacobs of the
80th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-1-8 and Code Section 21-5-41 of the Official Code of
Georgia Annotated, relating to when a judge or judicial officer is disqualified
and the maximum allowable contributions, respectively, so as to provide for
election reform in judicial, state-wide office, and General Assembly elections;
to disqualify certain judges and Justices from hearing certain matters under
certain circumstances; to limit certain contributions by political parties to
candidates in nonpartisan judicial elections; to clarify provisions relating to
the limitations on maximum allowable contributions by political parties; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-1-8 of the Official Code of Georgia Annotated, relating to when a
judge or judicial officer is disqualified, is amended by revising subsection (a)
as follows:
"(a)
No judge or Justice of any court, magistrate, nor presiding officer of any
inferior judicature or commission shall:
(1)
Sit in any case or proceeding in which
he
such
judge is pecuniarily
interested;
(2)
Preside, act, or serve in any case or matter when such judge is related by
consanguinity or affinity within the sixth degree as computed according to the
civil law to any party interested in the result of the case or matter;
or
(3)
Sit in any case or proceeding in which
he
such
judge has been of counsel, nor in which
he
such
judge has presided in any inferior
judicature, when
his
such
judge´s ruling or decision is the
subject of review, without the consent of all parties in interest. In all cases
in which the presiding judge of the superior court was employed as counsel
before his or
her appointment as judge,
he
such
judge shall preside in such cases if the
opposite party or counsel agree in writing that
he
the
judge may preside, unless
he
the
judge declines to do
so.;
or
(4)
Over the objection of any opposing party, preside, act, or serve in any case or
matter when in the last previous or present election cycle such judge has
accepted a campaign contribution in the amount of more than $500.00 from a party
interested in the result of the case or matter or a counsel for such party. The
burden shall be on a party to provide notice, as soon as practical, to opposing
counsel that such party or counsel for such party was a contributor to the
judge. Within ten days of receiving such notice, a party receiving such notice
shall file an objection to such judge presiding, acting, or serving in the case
or matter, and the judge shall recuse himself or herself under such
circumstances. If no objection is filed within ten days, or if the potential
conflict is waived, the judge may preside, act, or serve in the case or
matter."
SECTION
2.
Code
Section 21-5-41 of the Official Code of Georgia Annotated, relating to maximum
allowable contributions, is amended by revising subsection (j) as
follows:
"(j)
The contribution limitations provided for in this Code section shall not include
contributions or expenditures made by a political party in support of a party
ticket or a group of named candidates
except in the
case of expenditures in support of a group of named candidates if one or more of
those candidates are candidates in a nonpartisan race for judicial
office."
SECTION
3.
Said
Code section is further amended by adding new subsections to read as
follows:
"(l)
The contribution limitations established by this Code section shall also apply
to an independent committee or a political organization, as such term is
defined in Section 527(e)(1) of the Internal Revenue Code of 1986, which expends
funds either for the purpose of affecting the outcome of an election for any
elected office or to advocate the election or defeat of any particular
candidate. Nothing contained in this subsection is intended to limit or
abrogate the ability of individuals to exercise their right of free speech by
expending personal funds on their own behalf for the purpose of affecting the
outcome of an election for any elected office or to advocate the election or
defeat of any particular candidate subject to the reporting and disclosure
requirements of this chapter.
(m)
No person shall create, establish, or organize more than one political
organization, as such term is defined in Section 527(e)(1) of the Internal
Revenue Code of 1986, with the intent to avoid or evade the contribution
limitations provided in subsection (l) of this Code section."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.