07
LC 28 3578S
House
Bill 487 (RULES COMMITTEE SUBSTITUTE)
By:
Representatives Scott of the
153rd,
Keen of the
179th,
Burkhalter of the
50th,
and Fleming of the
117th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to elections and primaries generally, so as to provide that the candidate who
receives the most votes in a primary, special primary, or election, other than a
municipal primary, municipal special primary, municipal election, or municipal
special election shall be nominated or elected, provided that the votes for such
candidate exceed 45 percent of the total votes cast in that contest in the
primary, special primary, or election; to provide that the candidate who
receives a majority of the votes cast in a special election shall be elected; to
provide a definition; to change the date of the presidential preference primary
in Georgia; to change the date by which the parties must submit names to the
Secretary of State for inclusion on the ballot and the date on which the
Secretary of State shall publish such list of names; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to elections
and primaries generally, is amended by revising paragraph (22) of Code Section
21-2-2, relating to definitions, as follows:
(22)
Reserved
'Plurality'
means:
(A)
With regard to a primary, special primary, or election, other than a municipal
primary, municipal special primary, municipal election, or municipal special
election, the receiving by one candidate alone of the highest number of votes
cast for eligible candidates in a primary, special primary, or election among
the candidates in such primary, special primary, or election for the office such
candidate is seeking, provided that such number of votes exceeds 45 percent of
the total number of votes cast for eligible candidates in such primary, special
primary, or election for such office; or
(B)
With regard to a municipal primary, municipal special primary, municipal
election, or municipal special election, the receiving by one candidate alone of
the highest number of votes cast for eligible candidates in a primary, special
primary, election, or special election among the candidates in such primary,
special primary, election, or special election for the office the candidate is
seeking.
In
the case where two or more candidates for an office in a primary, special
primary, or election tie in receiving the highest number of votes or no
candidate for an office other than a municipal office receives more than 45
percent of the total number of votes cast in a primary, special primary, or
election for such office, there is no
plurality."
SECTION
2.
Said
chapter is further amended by revising Code Section 21-2-191, relating to
parties entitled to hold primaries and the dates for such primaries, as
follows:
"21-2-191.
As
provided in this article, a presidential preference primary shall be held in
1992
2008
and every four years thereafter for each political party or body which has cast
for its candidates for President and Vice President in the last presidential
election more than 20 percent of the total vote cast for President and Vice
President in the state, so that the electors may express their preference for
one person to be the candidate for nomination by such person´s party or
body for the office of President of the United States; provided, however, that
no elector shall vote in the primary of more than one political party or body in
the same presidential preference primary. Such primary shall be held on
March 3,
1992
February 5,
2008, and on the first Tuesday in
March
February
every four years thereafter. A state political party or body may by rule choose
to elect any portion of its delegates to that party´s or body´s
presidential nominating convention in the primary; and, if a state political
party or body chooses to elect any portion of its delegates, such state
political party or body shall establish the qualifying period for those
candidates for delegate and delegate alternate positions which are to be elected
in the primary and for any party officials to be elected in the primary and
shall also establish the date on which state and county party executive
committees shall certify to the Secretary of State or the superintendent, as the
case may be, the names of any such candidates who are to be elected in the
primary; provided, however, that such dates shall not be later than
December 31
in
November 1
of the year preceding the year in which
the presidential preference primary is to be held."
SECTION
3.
Said
chapter is further amended by revising Code Section 21-2-193, relating to list
of names of candidates to appear on ballot, as follows:
"21-2-193.
Not
later than
December 31
in
November 1
of the year preceding the year in which a
presidential preference primary is to be held, the state executive committee of
each party which is to conduct a presidential preference primary shall submit to
the Secretary of State a list of the names of the candidates of such party to
appear on the presidential preference primary ballot. Such lists shall be
published by the Secretary of State in a newspaper of general circulation in the
state during the first week of
January
December
in the year
immediately
preceding the year in which the
presidential preference primary is to be held."
SECTION
4.
Said
chapter is further amended by revising Code Section 21-2-501, relating to number
of votes required for election, as follows:
"21-2-501.
(a)(1)
Except as otherwise provided in this Code section, no candidate shall be
nominated for public office in any primary or special primary or elected to
public office in any election
or special
election unless such candidate shall have
received a
majority
plurality
of the votes cast to fill such nomination or public office. In instances where
no candidate receives a
majority
plurality
of the votes cast, a run-off primary, special primary runoff,
or
run-off
election,
or special election runoff between the
candidates receiving the two highest numbers of votes shall be held. Unless
such date is postponed by a court order, such run-off primary or special primary
runoff shall be held on the twenty-first day after the day of holding the
preceding primary or special primary, provided that, unless postponed by court
order, a runoff in the case of an election
or special
election shall be held on the
twenty-eighth day after the day of holding the preceding election
or special
election. If any candidate eligible to be
in a runoff withdraws, dies, or is found to be ineligible, the remaining
candidates receiving the two highest numbers of votes shall be the candidates in
the runoff. The candidate receiving the highest number of the votes cast in
such run-off primary, special primary runoff,
or
run-off
election,
or special election runoff to fill the
nomination or public office sought shall be declared the winner. The name of a
write-in candidate eligible for election in a runoff shall be printed on the
election or
special election run-off ballot in the
independent column. The run-off primary, special primary runoff,
or
run-off
election,
or special election runoff shall be a
continuation of the primary, special primary,
or
election,
or special election for the particular
office concerned. Only the electors who were duly registered to vote and not
subsequently deemed disqualified to vote in the primary, special primary,
or
election,
or special election for candidates for
that particular office shall be entitled to vote therein, and only those votes
cast for the persons designated as candidates in such run-off primary, special
primary runoff,
or
run-off
election,
or special election runoff shall be
counted in the tabulation and canvass of the votes cast. No elector shall vote
in a run-off primary or special primary runoff in violation of Code Section
21-2-224.
(2)
Except as otherwise provided in this Code section, no candidate shall be elected
to public office in any special election unless such candidate shall have
received a majority of the votes cast to fill such public office. In instances
where no candidate receives a majority of the votes cast, a special election
runoff between the candidates receiving the two highest numbers of votes shall
be held. Unless such date is postponed by a court order, such runoff shall be
held on the twenty-eighth day after the day of holding the preceding special
election. If any candidate eligible to be in a runoff withdraws, dies, or is
found to be ineligible, the remaining candidates receiving the two highest
numbers of votes shall be the candidates in the runoff. The candidate receiving
the highest number of the votes cast in such special election runoff to fill the
public office sought shall be declared the winner. The name of a write-in
candidate eligible for election in a runoff shall be printed on the special
election run-off ballot in the independent column. The special election runoff
shall be a continuation of the special election for the particular office
concerned. Only the electors who were duly registered to vote and not
subsequently deemed disqualified to vote in the special election for candidates
for that particular office shall be entitled to vote therein, and only those
votes cast for the persons designated as candidates in such special election
runoff shall be counted in the tabulation and canvass of the votes
cast.
(b)
For the
purposes of this subsection, the word 'plurality' shall mean the receiving by
one candidate alone of the highest number of votes
cast. If the municipal charter or
ordinances of a municipality as now existing or as amended subsequent to
September 1, 1968, provide that a candidate may be nominated or elected by a
plurality of the votes cast to fill such nomination or public office, such
provision shall prevail. Otherwise, no municipal candidate shall be nominated
for public office in any primary or elected to public office in any election
unless such candidate shall have received a majority of the votes cast to fill
such nomination or public office.
(c)
In instances in which no municipal candidate receives a majority of the votes
cast and the municipal charter or ordinances do not provide for nomination or
election by a plurality vote, a run-off primary or election shall be held
between the candidates receiving the two highest numbers of votes. Such runoff
shall be held on the twenty-eighth day after the day of holding the first
primary or election, unless such run-off date is postponed by court order. Only
the electors entitled to vote in the first primary or election shall be entitled
to vote in any run-off primary or election resulting therefrom; provided,
however, that no elector shall vote in a run-off primary in violation of Code
Section 21-2-216. The run-off primary or election shall be a continuation of
the first primary or election, and only those votes cast for the candidates
receiving the two highest numbers of votes in the first primary or election
shall be counted. No write-in votes may be cast in such a primary, run-off
primary, or run-off election. If any candidate eligible to be in a runoff
withdraws, dies, or is found to be ineligible, the remaining candidates
receiving the two highest numbers of votes shall be the candidates in such
runoff. The municipal candidate receiving the highest number of the votes cast
in such run-off primary or run-off election to fill the nomination or public
office sought shall be declared the winner.
(d)
The name of a municipal write-in candidate eligible for election in a municipal
runoff shall be printed on the municipal run-off election ballot in the
independent column.
(e)
In all cities having a population in excess of 100,000 according to the United
States decennial census of 1980 or any future such census, in order for a
municipal candidate to be nominated for public office in any primary or elected
to public office in any municipal election, he or she must receive a majority of
the votes cast.
(f)
Except for
presidential electors, to be elected to public office in a general election, a
candidate must receive a majority of the votes cast in an election to fill such
public office. To be elected to the office
of presidential electors,
no slate of
candidates shall be required to receive a majority of the votes cast,
but that slate of candidates shall be
elected to such office which receives the highest number of votes
cast."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.