sb462.html
08 LC 28 3951
Senate Bill 462
By: Senator Schaefer of the 50th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT


To provide for an advisory referendum election to be held in Banks County for the purpose of ascertaining whether the form of government in Banks County should be changed from a three member commission to a five member commission and, if so, how such commission should be elected; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
It is the purpose of this Act to provide for an advisory referendum within Banks County to determine if the voters of said county desire to change the form of government in Banks County from a three member commission to a five member commission and, if so, how such commission should be elected.

SECTION 2.
(a) It shall be the duty of the election superintendent of Banks County to issue the call for an advisory referendum election for the purpose of submitting the following questions to the voters of said county to determine whether the majority of electors voting at said election prefer that the form of government in Banks County be changed from a three member commission to a five member commission and, if so, how such commission should be elected. The superintendent shall set the date of such election for the date of the November, 2008, general election. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Banks County. The ballot shall have printed thereon the following:

"Advisory Referendum Election
Question No. 1
(  )  YES
(  )  NO
Should the form of government in Banks County be changed from a three member commission to a five member commission?
Question No. 2
(  )  YES

(  )  NO

If the form of government in Banks County were changed from a three member commission to a five member commission, should there be a chairperson elected from the county at-large and four commissioners elected from their individual districts?
Question No. 3
(  )  YES

(  )  NO

If the form of government in Banks County were changed from a three member commission to a five member commission, should there be a chairperson be elected from the county at-large and four commissioners who would be required to reside in their individual districts but be elected by the county at-large?"
(b) It shall be the duty of the election superintendent of Banks County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative district lies wholly or partially within Banks County. The expense of such election shall be borne by Banks County.
(c) It is found, determined, and declared that the holding of an advisory referendum election as provided for in this section is in all respects for the benefit of the people of Banks County and is for a public purpose and is an essential governmental function for which public funds may be expended.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.