07 LC 28
3694S
The
Senate Ethics Committee offered the following substitute to HB 487:
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 or special primary, other than a municipal
primary or municipal special primary shall be nominated, provided that the votes
for such candidate exceed 45 percent of the total votes cast in that contest in
the primary or special primary; to provide that the candidate who receives a
majority of the votes cast in an election or 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 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 paragraph (22) of Code Section
21-2-2, relating to definitions, as follows:
(22)
Reserved
'Plurality'
means:
(A)
With regard to a primary or special primary, other than a municipal primary or
municipal special primary, the receiving by one candidate alone of the highest
number of votes cast for eligible candidates in a primary or special primary
among the candidates in such primary or special primary 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 or
special primary 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 or special
primary 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 or special primary 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,
or
special primary
runoff,
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,
or
special primary
runoff,
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,
or
special primary
runoff,
run-off election, or special election
runoff shall be a continuation of the
primary,
or
special
primary,
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,
or
special
primary,
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,
or
special primary
runoff,
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 election or 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 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 runoff 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 election or 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 run-off election or special
election run-off ballot in the independent column. The run-off election or
special election runoff shall be a continuation of the 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
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 election or 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.
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
6.
Section
5 of this Act shall become effective on January 1, 2009. The remaining parts of
this Act shall become effective on July 1, 2007.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.