07 HB487/SCSFA/1
SENATE
SUBSTITUTE TO HB 487
AS
PASSED SENATE
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 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 that special elections to submit questions to the voters shall be
held on certain dates; to provide for related matters; to provide for effective
dates; 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 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
2.
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 or before the first week of
January
December
in the year
immediately
preceding the year in which the
presidential preference primary is to be held."
SECTION
3.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-540,
relating to conduct of special elections generally, as follows:
"(c)(1)
Notwithstanding any other provision of law to the contrary,
a special
election to present a question to the voters
or a special primary or special election
to fill a vacancy in a county or municipal office shall be held only on one of
the following dates which is at least 29 days after the date of the call for the
special election:
(A)
In odd-numbered
years,
any such special election shall only be held on:
(i)
The third Tuesday in March;
(ii)
The third Tuesday in June;
(iii)
The third Tuesday in September; or
(iv)
The Tuesday after the first Monday in November; and
(B)
In even-numbered
years,
any such special election shall only be held on:
(i)
The third Tuesday in March; provided, however, that in the event that a special
election is to be held under this provision in a year in which a presidential
preference primary is to be held, then any such special election shall be held
on the date of and in conjunction with the presidential preference
primary;
(ii)
The date of the general primary;
(iii)
The third Tuesday in September; or
(iv)
The Tuesday after the first Monday in November.
(2)
Notwithstanding any other provision of law to the contrary, a special election
to present a question to the voters shall be held only on one of the following
dates which is at least 29 days after the date of the call for the special
election:
(A)
In odd-numbered years, any such special election shall only be held
on:
(i)
The third Tuesday in March; or
(ii)
The Tuesday after the first Monday in November; and
(B)
In even-numbered years, any such special election shall only be held
on:
(i)
The date of and in conjunction with the presidential preference primary if one
is held that year;
(ii)
The date of the general primary; or
(iii)
The Tuesday after the first Monday in November.
(2)(3)
The provisions of this subsection shall not apply to:
(A)
Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of
1989,' to recall a public officer or to fill a vacancy in a public office caused
by a recall election;
and
(B)
Special primaries or special elections to fill vacancies in federal or state
public offices."
SECTION
4.
Section
3 of this Act shall become effective on January 1, 2009. The remaining parts of
this Act shall become effective on July 1, 2007.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.