07
LC 28 3515
House
Bill 743
By:
Representative Hatfield of the
177th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Satilla Regional Water and Sewer Authority, previously
known as the Ware County Water and Sewer Authority, approved October 1,
2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended,
particularly by an Act approved May 30, 2003 (Ga. L. 2003,
p. 3689), and by an Act approved May 5, 2006 (Ga. L. 2006,
p. 4216), so as to revise the manner of selection of the members of the
authority; to provide that persons voting shall use their account numbers
instead of social security numbers; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Satilla Regional Water and Sewer Authority, previously known as
the Ware County Water and Sewer Authority, approved October 1, 2001
(Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly
by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), and by an
Act approved May 5, 2006 (Ga. L. 2006, p. 4216), is amended by
revising subsection (d) of Section 2 as follows:
"(d)
For purposes of electing members of the authority, each person, firm,
corporation, or other entity having an account with, and receiving services
from, the authority shall be entitled to cast one vote for each such account
maintained with the authority in accordance with the following
procedures:
(1)
Each natural person holding an account individually shall be required, as a
precondition to submitting or signing a petition for the nomination of a
candidate and to receiving a voting ballot for the applicable account, to
provide to the authority in writing his or her full name and account number, as
well as his or her accompanying sample handwritten signature;
(2)
Any account holder, including multiple concurrent holders of a single account,
other than a natural person holding an account individually shall be required,
as a precondition to submitting or signing a petition for the nomination of a
candidate and to receiving a voting ballot for the applicable account, to file
with the authority a written designation of the account number and the full name
of the natural person authorized to submit or sign petitions for the nomination
of candidates and to cast votes on behalf of such account, and to provide an
accompanying sample handwritten signature of such natural person; provided that
the authority shall be required to immediately notify in writing the account
holder, by certified mail, return receipt requested, directed to the account
holder´s billing address on file with the authority, of the receipt by the
authority of conflicting designations of natural persons authorized to submit or
sign petitions for the nomination of candidates and to cast votes on behalf of
such account; and further provided that the authority shall not provide a voting
ballot to any such account holder unless and until the authority receives
satisfactory written evidence from such account holder of the resolution of any
such conflicting designations;
(3)
Prior to each election for the position of a member of the authority, the
authority shall establish a period of time for the submission of nominations of
candidates. Each sitting member of the authority shall be entitled to nominate
one candidate. Additionally, any account holder complying with the provisions
of paragraph (1) or (2) of this subsection shall be entitled to submit one
petition for nomination of a candidate, provided that such petition, to be
valid, shall be accompanied by the signatures of at least 50 other account
holders complying with the provisions of paragraph (1) or (2) of this
subsection. Following the close of the nominations period, the authority shall
designate for inclusion on the election ballot the name of each candidate
nominated by a sitting authority member, as well as the name of each candidate
for which a valid petition for nomination was submitted;
(4)
In addition to the names of the candidates, the election ballot shall contain
spaces for the full name, account number, and handwritten signature of the
account holder as designated in paragraphs (1) and (2) of this subsection. The
election ballot shall be submitted by the authority to each account holder
complying with the provisions of paragraph (1) or (2) of this subsection by
mailing such ballot, with the account holder´s monthly authority bill, to
each account holder at such account holder´s billing address on file with
the authority. After voting for one candidate and providing the account
holder´s full name, account number, and handwritten signature, the account
holder shall seal the ballot in an envelope addressed to the auditor of the
authority and shall mail or hand deliver such ballot to the auditor of the
authority at such address as may be designated by said auditor. No ballot shall
be counted which is not actually received by or on behalf of the auditor at the
address designated by the auditor on or before the due date of the account
holder´s bill. No account holder shall submit his or her monthly authority
bill payment in the envelope containing the completed ballot which is submitted
to the auditor. The auditor of the authority shall tabulate the election
ballots; provided, however, that the auditor shall not count any ballot which,
in the judgment of the auditor, has been fraudulently prepared or fraudulently
submitted or which otherwise fails to comply with the procedural requirements
set forth in paragraphs (1) through (4) of this subsection; and
(5)
The candidate receiving the greatest number of votes shall be elected as a
member of the authority, provided that such candidate must also receive a
majority of the votes cast. In the event that no candidate receives a majority
of the votes cast, then the names of the candidates having the two greatest
numbers of votes shall be submitted to the consumers of the authority on a
runoff ballot in accordance with paragraph (4) of this subsection. Thereafter,
the candidate receiving a majority of the votes cast in such runoff shall be
elected as a member of the authority."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.