07 LC 18
5854
Senate
Bill 7 - Prefile
By:
Senator Stoner of the 6th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing for the method of filling vacancies on the Board of
Education of Cobb County, approved April 25, 1996 (Ga. L. 1996, p. 4570), so as
to provide that such elections shall be nonpartisan; to provide for related
matters; to provide for submission of this Act for preclearance under the
federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing for the method of filling vacancies on the Board of Education of
Cobb County, approved April 25, 1996 (Ga. L. 1996, p. 4570), is amended by
revising Section 1 as follows:
"SECTION
1.
In
the event of a vacancy on the Board of Education of Cobb County for any reason
other than by expiration of a term of office, if such vacancy is not otherwise
scheduled to be filled at a nonpartisan election held in conjunction with a
November general election within 90 days after the vacancy occurs, it shall be
the duty of the election superintendent of Cobb County to call and conduct a
special nonpartisan election to be held not less than 90 nor more than 100 days
after the vacancy occurs for the purpose of electing a qualified person to fill
such vacancy for the unexpired term. Such special nonpartisan election shall be
held only within the education district wherein the vacancy occurred. Any person
elected to fill a vacancy shall have the qualifications for membership on the
board and shall be a resident of the education district such person is elected
to represent. Candidates shall have five business days in which to qualify for
the special nonpartisan election. The special nonpartisan election shall be
conducted in accordance with the applicable provisions of Code Section 21-2-139
and of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election
Code.' All persons elected to fill vacancies pursuant to the provisions of this
section shall serve for the remainder of the unexpired term of any such office
and until a successor is elected and qualified. If the vacancy is otherwise
scheduled to be filled at the next nonpartisan election held in conjunction with
a November general election within 90 days after the vacancy occurs, such office
shall stand vacant for the remainder of its term and until a successor is
elected at the next general election and duly qualified."
SECTION
2.
The
Board of Education of Cobb County shall through its legal counsel cause this Act
to be submitted for preclearance under the federal Voting Rights Act of 1965, as
amended; and such submission shall be made to the United States Department of
Justice or filed with the appropriate court no later than 60 days after the date
on which this Act is approved by the Governor or otherwise becomes law without
such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.