Bill Text: GA SB487 | 2011-2012 | Regular Session | Introduced


Bill Title: Elections; provide elected municipal court judges shall be elected on a nonpartisan basis

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-05 - Senate Read Second Time [SB487 Detail]

Download: Georgia-2011-SB487-Introduced.html
12 LC 28 6057
Senate Bill 487
By: Senator McKoon of the 29th

A BILL TO BE ENTITLED
AN ACT


To amend Code Section 21-2-139 of the Official Code of Georgia Annotated, relating to the authorization and conduct of nonpartisan elections, so as to provide that elected municipal court judges shall be elected on a nonpartisan basis; 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 21-2-139 of the Official Code of Georgia Annotated, relating to the authorization and conduct of nonpartisan elections, is amended by revising the Code section as follows:
"21-2-139.
(a) 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 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 general primary in even-numbered years 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. Municipal court judges who are elected by the vote of the electors of the municipality shall be elected on a nonpartisan basis.
(b) Either a political party, as defined in this chapter, or a nonpartisan municipal executive committee duly registered with the city clerk may conduct a municipal primary for the purpose of electing its own officials or nominating candidates for municipal elections. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regulations of such party or nonpartisan municipal executive committee, not inconsistent with the law and the rules and regulations of the State Election Board; provided, however, that all such primaries must be conducted in such manner as to guarantee the secrecy of the ballot.
(c) Municipalities may provide by their charter or by ordinance that no political party shall conduct primaries for the purpose of nominating candidates for municipal elections; provided, however, that the existing provisions of any charter or ordinance prohibiting primaries by political parties shall not be repealed by this subsection."

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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All laws and parts of laws in conflict with this Act are repealed.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