07 LC 28
3200
House
Bill 56
By:
Representative Powell of the
29th
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 for the nonpartisan
election of clerks of the superior court, sheriffs, tax receivers, tax
collectors, and tax commissioners; to provide for the qualifying for such
offices; 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 (2) of subsection (c)
and subparagraph (i)(1)(B) of Code Section 21-2-132, relating to filing notices
of candidacy, nomination petitions, and affidavits, as follows:
"(2)
Each candidate for a county
judicial
office, a local school board office, or an office of a consolidated government,
or the candidate´s agent, desiring to have his or her name placed on the
nonpartisan election ballot shall file notice of candidacy in the office of the
superintendent no earlier than 9:00 A.M. on the fourth Monday in June
immediately prior to the election and no later than 12:00 Noon on the Friday
following the fourth Monday in June, notwithstanding the fact that any such days
may be legal holidays."
"(B)
Each candidate for a county
judicial
office, a local school board office, or an office of a consolidated government,
or the candidate´s agent, desiring to have his or her name placed on the
nonpartisan election ballot shall file a notice of candidacy in the office of
the superintendent no earlier than 9:00 A.M. on the last Monday in July
immediately prior to the election and no later than 12:00 Noon on the Friday
following the last Monday in July, notwithstanding the fact that any such days
may be legal holidays;".
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-139,
relating to the authorization of nonpartisan elections, as follows:
"(a)
The office of
sheriff, the office of judge of the probate court, the office of tax receiver,
the office of tax collector, the office of tax commissioner, and the office of
clerk of superior court shall be filled by election in nonpartisan
elections. Notwithstanding any other
provisions of this chapter to the contrary, the General Assembly may provide by
local Act for the election in nonpartisan elections of candidates to fill
other
county judicial offices, offices of local school boards, and offices of
consolidated governments which are filled by the vote of the electors of said
county or political subdivision. Except as otherwise provided in this Code
section, the procedures to be employed in such nonpartisan elections shall
conform as nearly as practicable to the procedures governing nonpartisan
elections as provided in this chapter. Except as otherwise provided in this
Code section, the election procedures established by any existing local law
which provides for the nonpartisan election of candidates to fill county offices
shall conform to the general procedures governing nonpartisan elections as
provided in this chapter, and such nonpartisan elections shall be conducted in
accordance with the applicable provisions of this chapter, notwithstanding the
provisions of any existing local law. For those offices for which the General
Assembly, pursuant to this Code section, provided by local Act for election in
nonpartisan primaries and elections, such offices shall no longer require
nonpartisan primaries. Such officers shall be elected in nonpartisan elections
held and conducted in conjunction with the November general election in
accordance with this chapter without a prior nonpartisan primary. Nonpartisan
elections for municipal offices shall be conducted on the dates provided in the
municipal charter."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.