Bill Text: GA HB1245 | 2011-2012 | Regular Session | Introduced


Bill Title: Franklin County; board of elections; stagger terms of members

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-04-11 - Effective Date [HB1245 Detail]

Download: Georgia-2011-HB1245-Introduced.html
12 LC 28 6202/AP
House Bill 1245 (AS PASSED HOUSE AND SENATE)
By: Representatives Powell of the 29th and Harden of the 28th


A BILL TO BE ENTITLED
AN ACT


To amend an Act to create a board of elections and registration for Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), so as to stagger the terms of the members of the board; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 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 to create a board of elections and registration for Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), is amended by revising Section 3 as follows:
"SECTION 3.
(a) The board shall be composed of five members, each of whom shall be an elector and a resident of the county and who shall be appointed as provided in this section.

(b) Two members of the board shall be appointed by the political party that received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such members. Two members of the board shall be appointed by the political party that 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 members. Each of the members appointed by such political parties shall be nominated by the 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 such 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. One member shall be appointed by the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit. The judge appointing the fifth member of the board shall also appoint one of the members of the board to serve as chairperson.
(c) The members of the board in office on the effective date of this section shall serve out the terms to which they were appointed and until the appointment and qualification of their respective successors. In making appointment of successors to the members of the board in 2012 for the members whose terms end on December 31, 2012, each political party making appointments under this section shall designate one of its appointees to serve a term of two years beginning January 1, 2013, and ending December 31, 2014, and until his or her successor is duly appointed and qualified and one of its appointees to serve a term of four years beginning January 1, 2013, and ending December 31, 2016, and until his or her successor is duly appointed and qualified. The person appointed to succeed the member appointed by the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit shall be appointed for a term of four years beginning January 1, 2013, and ending December 31, 2016, and until his or her successor is duly appointed and qualified.
(d) Successors to such members shall be appointed as provided in this section at least 30 days prior to the expiration of the term of office of their predecessor, shall take office on January 1 immediately following the expiration of the term of office of their predecessor, and serve for terms of office of four years and until their respective successors are duly appointed and qualified.
(e) Each political party making an appointment under this section shall certify the name and residential address of each such appointee to the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit immediately upon making such appointment."

SECTION 2.
It shall be the duty of the Board of Commissioners of Franklin County through its legal counsel to submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
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