07 LC 33
1986/AP
House
Bill 666 (AS PASSED HOUSE AND SENATE)
By:
Representatives Crawford of the
127th,
Knight of the
126th,
Sellier of the
136th,
and Cole of the
125th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the Joint Board of Elections and Registration of Lamar County, which
shall conduct primaries and elections for Lamar County, the City of Barnesville,
and the City of Milner; to provide for its powers and duties; to provide for
definitions; to provide for the composition of the board and the selection and
appointment of members; to provide for the qualification, terms, and removal of
members; to provide for oaths and privileges; to provide for meetings,
procedures, and vacancies; to relieve certain officers of powers and duties and
to provide for the transfer of functions to the newly created board; to provide
for certain expenditures of public funds; to provide for certain personnel; to
provide for compensation of members of the board and personnel; to provide for
offices and equipment; to provide for the board´s performance of certain
functions and duties for certain municipalities; to provide for related matters;
to provide effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Pursuant
to subsection (b) of Code Section 21-2-45 of the O.C.G.A., there is created the
Joint Board of Elections and Registration of Lamar County, hereinafter referred
to as "the board." The board shall have the powers, duties, and
responsibilities of the judge of the probate court of Lamar County, the
municipal election superintendents of the City of Barnesville and the City of
Milner, and the board of registrars of Lamar County, all as provided for under
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION
2.
The
terms "election," "elector," "political party," "primary," and "public office"
shall have the same meanings as set forth in Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from
the context of this Act, and the term "commissioners" means the board of
commissioners of Lamar County and "county" means Lamar County.
SECTION
3.
(a)
The board shall be composed of five members who shall be appointed as
follows:
(1)
Two members of the board shall be appointed by the governing authority of Lamar
County. Said members shall not be officers or members of the executive
committee of any political party at the time of such members´ selection or
at any time during such members´ term of office as a member of the
board;
(2)
One member of the board shall be jointly appointed by the governing authority of
the City of Barnesville and governing authority of the City of Milner. Said
member shall not be an officer or member of the executive committee of any
political party at the time of such member´s selection or at any time
during such member´s term of office as a member of the board;
and
(3)
One member of the board shall be appointed by the political party which received
the highest number of votes within the county for its candidate for Governor in
the general election immediately preceding the appointment of such member and
one member of the board shall be appointed by the political party which received
the second highest number of votes within the county for its candidate for
Governor in the general election immediately preceding the appointment of such
member. Each of the respective members appointed by political parties shall be
nominated by the party chairperson and ratified by the county executive
committee of the respective political party at least 30 days before the
beginning of the term of office or within 30 days after the creation of a
vacancy in the office. In the event that a political party entitled to appoint
a member of the board does not have a county executive committee, such
appointment shall be made by the state executive committee of such political
party.
(b)
All appointments to the board shall be promptly certified by the appointing
authority to the clerk of the Superior Court of Lamar
County.
(c) The initial appointees to the board shall take office on January 1, 2008. The two initial appointees from the political parties shall each serve a term of office ending on June 30, 2009, and until his or her successor is duly appointed and qualified. The other three initial appointees shall each serve a term of office ending on June 30, 2011, and until his or her successor is duly appointed and qualified. Successors to each member shall thereafter be appointed by the appropriate appointing authority or authorities to serve a term of office of four years and until his or her respective successor is duly appointed and qualified.
(c) The initial appointees to the board shall take office on January 1, 2008. The two initial appointees from the political parties shall each serve a term of office ending on June 30, 2009, and until his or her successor is duly appointed and qualified. The other three initial appointees shall each serve a term of office ending on June 30, 2011, and until his or her successor is duly appointed and qualified. Successors to each member shall thereafter be appointed by the appropriate appointing authority or authorities to serve a term of office of four years and until his or her respective successor is duly appointed and qualified.
SECTION
4.
(a)
No person who holds elective public office shall be eligible to serve as a
member of the board during the term of such elective office, and the position of
any member of the board shall be deemed vacant upon such member´s
qualifying as a candidate for elective public
office.
(b) Members of the board must be residents of Lamar County and, if appointed pursuant to paragraph (2) of subsection (a) of Section 3 of this Act, must be a resident of the City of Barnesville or the City of Milner, and must have been registered voters in Lamar County for a period of at least one year prior to the date of their appointment to the board.
(b) Members of the board must be residents of Lamar County and, if appointed pursuant to paragraph (2) of subsection (a) of Section 3 of this Act, must be a resident of the City of Barnesville or the City of Milner, and must have been registered voters in Lamar County for a period of at least one year prior to the date of their appointment to the board.
SECTION
5.
The
appointing authorities shall certify the appointment of each member of the board
by filing an affidavit with the clerk of the superior court not later than 15
days preceding the date upon which such members are to take office, stating the
name and residential address of the person appointed and certifying such member
has been duly appointed as provided in this Act. The clerk of the superior
court shall record each of such certifications on the minutes of the superior
court and shall certify the name of each such appointed member to the Secretary
of State and provide for the issuance of appropriate commissions to the members
within the same time and in the same manner as provided by law for
registrars.
SECTION
6.
Each
member of the board shall be eligible to serve two full four-year terms of
office, shall have the right to resign at any time by giving written notice of
such resignation to the governing authority of Lamar County or the City of
Barnesville and the City of Milner, as appropriate, and to the clerk of the
superior court, and shall be subject to removal from the board by the chief
judge of the Superior Court of Lamar County at any time, for cause, after notice
and hearing.
SECTION
7.
In
the event a vacancy occurs in the office of any appointed member before the
expiration of his or her term, by removal, death, resignation, or otherwise, the
authority which appointed the member whose position has been vacated shall
appoint a successor to serve the remainder of the unexpired term as provided for
in Section 3 of this Act. The clerk of the superior court shall be notified of
such interim appointments and record and certify such appointments in the same
manner as the regular appointment of members.
SECTION
8.
Before
entering upon the member´s duties, each member shall take substantially the
same oath as required by law for registrars and shall have the same privileges
from arrest.
SECTION
9.
(a)
The board shall be authorized to organize itself, elect a chairperson, determine
its procedural rules and regulations, adopt bylaws, specify the functions and
duties of its employees, and otherwise take such action as is appropriate to the
management of the affairs committed to its supervision; provided, however, that
no such action shall conflict with state law. Action and decision by the board
shall be by a majority of the members of the board. The board shall be
responsible for the selection, appointment, and training of poll workers in
primaries and elections.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any member of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
(c) The board shall be responsible for the holding of any municipal primary or election to be conducted within the City of Barnesville and the City of Milner and the cost of such shall be paid for from the funds of such cities, as appropriate.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any member of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
(c) The board shall be responsible for the holding of any municipal primary or election to be conducted within the City of Barnesville and the City of Milner and the cost of such shall be paid for from the funds of such cities, as appropriate.
SECTION
10.
The
board shall have the authority to contract with any municipality, other than the
City of Barnesville and the City of Milner, located within Lamar County for the
holding by the board of any primary or election to be conducted within such
municipality.
SECTION
11.
(a)
The board shall appoint a person to serve as the supervisor of elections of
Lamar County. Such position shall be full time and such person shall be paid a
salary to be set by the board and payable proportionally from county funds and
from funds of the City of Barnesville and the City of Milner. The supervisor of
elections shall generally direct and control the administration of elections and
voter registration in Lamar County and the holding of any municipal primary or
election to be conducted within the City of Barnesville and the City of Milner
and shall generally supervise, direct, and control the administration of the
affairs of the board pursuant to law and duly adopted resolutions of the board.
The supervisor of elections shall be supervised by the board and shall be
subject to removal from office by the board, with or without cause. The
supervisor of elections shall not be a member of the board nor an elected
official. The election supervisor shall be considered an employee of Lamar
County and shall be entitled to the same benefits as other employees of Lamar
County.
(b) The board is authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Lamar County and shall be entitled to the same benefits as other employees of Lamar County.
(c) The election supervisor and the clerical assistants shall be under the exclusive control, direction, and supervision of the board.
(b) The board is authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Lamar County and shall be entitled to the same benefits as other employees of Lamar County.
(c) The election supervisor and the clerical assistants shall be under the exclusive control, direction, and supervision of the board.
SECTION
12.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the governing authority of Lamar County. Such
compensation shall be paid proportionally from county funds and from municipal
funds of the City of Barnesville and the City of Milner.
SECTION
13.
The
governing authority of Lamar County shall provide the board with such proper and
suitable offices, equipment, materials, and supplies and with such clerical
assistance and other employees as the governing authority of Lamar County deems
appropriate.
SECTION
14.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval for purposes of making initial appointments
to the board only. This Act shall become fully effective on January 1, 2008.
Upon this Act becoming fully effective, the superintendent of elections of Lamar
County, the board of registrars of Lamar County, and the municipal election
superintendents of the City of Barnesville and the City of Milner shall be
relieved of all powers and duties to which the board succeeds by the provisions
of this Act and shall deliver to the board all equipment, supplies, materials,
books, papers, records, and facilities pertaining to such powers and
duties.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.