07 SB71/CA/2
Senate
Bill 71
By:
Senators Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Staton
of the 18th, Douglas of the 17th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating
to conduct of special elections generally, so as 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 an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct
of special elections generally, is amended by revising subsection (c) 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
2.
This
Act shall become effective on January 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed..