Bill Text: GA SB520 | 2011-2012 | Regular Session | Introduced
Bill Title: Troup County; create board of elections and registration; powers and duties
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-04-12 - Effective Date [SB520 Detail]
Download: Georgia-2011-SB520-Introduced.html
12 LC
37 1446
Senate
Bill 520
By:
Senators McKoon of the 29th and Crane of the 28th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Troup County and 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 compensation of members of the board and personnel;
to provide for offices and equipment; to provide for the board's ability to
perform certain functions and duties for certain municipalities; to provide for
related matters; to provide for submission for preclearance under Section 5 of
the federal Voting Rights Act of 1965, as amended; 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 authorization contained in subsection (b) of Code Section 21-2-40 of the
O.C.G.A., there is created a Troup County Board of Elections and Registration,
hereinafter referred to as "the board." The board is empowered with the powers
and duties of the judge of the probate court/election superintendent of Troup
County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code,"
and the powers, duties, and responsibilities of the board of registrars of Troup
County 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 text of this Act; and the "commissioners" means the Board of Commissioners
of Troup County and "county" means Troup County.
SECTION
3.
(a)
The Troup County Board of Elections and Registration shall comprise seven
members to be appointed as follows: One member shall be appointed for a term of
one year by the governing authority of the City of West Point (hereafter "West
Point"); one member shall be appointed for a term of one year by the governing
authority of the City of Hogansville (hereafter "Hogansville"); one member shall
be appointed for a term of two years by the governing authority of the City of
LaGrange (hereafter "LaGrange"); one member shall be appointed for a term of two
years by the chairman of the county executive committee of the political party
whose candidates received the largest number of votes in this state for members
of the General Assembly at the last preceding general election; one member shall
be appointed for a term of three years by the chairman of the county executive
committee of the political party whose candidates received the second largest
number of votes in this state for members of the General Assembly at the last
preceding general election; and two members shall be appointed for a term of
three years by the governing authority of Troup County. Such appointments by
the chairmen shall be approved by a majority of the members of the respective
county executive committees of those political parties voting at a meeting duly
called and held for that purpose prior to the appointment; however, in the event
that the members of such executive committees shall fail to elect any such board
member within 90 days prior to January 1, 2013, or thereafter within 90 days
prior to the expiration of the term of the predecessor in office, such members
shall be appointed by the governing authority of Troup County. Should the
governing authorities of West Point, Hogansville, and LaGrange fail to elect any
such board member within 90 days prior to January 1, 2013, or thereafter within
90 days prior to the expiration of the term of the predecessor in office, such
members shall be appointed by the governing authority of Troup County. The
terms of the seven initial members shall begin January 1, 2013. Successors to
the initial members of the board shall take office on the first day of January
following their appointment and shall serve for terms of three years and until
their successors are appointed and
qualified.
(b) Upon the appointment of a member, the chairman of the county executive committee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Troup County, no later than 15 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed by majority vote of the county executive committee as provided in this Act. The clerk of superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and shall 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.
(c) One of the members appointed by, and designated as such by, the county governing authority shall serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.
(d) Five members of the Troup County Board of Elections and Registration shall constitute a quorum of the board. Any action to be taken by the board shall be approved by the affirmative vote of a majority of those present and voting.
(e) The judge of the Probate Court of Troup County shall call the first meeting of the board in January, 2013. Thereafter, the board shall meet on the call of the chairman. Each member shall be given at least 48 hours' notice prior to each meeting of the board.
(b) Upon the appointment of a member, the chairman of the county executive committee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Troup County, no later than 15 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed by majority vote of the county executive committee as provided in this Act. The clerk of superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and shall 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.
(c) One of the members appointed by, and designated as such by, the county governing authority shall serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.
(d) Five members of the Troup County Board of Elections and Registration shall constitute a quorum of the board. Any action to be taken by the board shall be approved by the affirmative vote of a majority of those present and voting.
(e) The judge of the Probate Court of Troup County shall call the first meeting of the board in January, 2013. Thereafter, the board shall meet on the call of the chairman. Each member shall be given at least 48 hours' notice prior to each meeting of the board.
SECTION
4.
There
shall be an election supervisor who 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 election supervisor shall provide daily
employee supervision, serve as staff support for the board, attend all meetings
of the board, and carry out the duties of voter registration and elections as
required by law. The election supervisor shall not be eligible to serve as a
member of the board. The appointment of the election supervisor shall be made
by the board of commissioners, which will consider the recommendation of the
board of elections and registration, and establish the compensation for the
position. The election supervisor shall be deemed a county department head
subject to direction, evaluation, and corrective action by the county manager
and shall be an at-will, full-time employee of Troup County subject to county
personnel policy in regard to pay, benefits, sick leave, vacation, termination
of employment, and other purposes.
SECTION
5.
(a)
Any registered voter and resident of Troup County for a period of at least one
year prior to the date of appointment to the board shall be eligible for
membership except that no person who holds any federal, state, or local elective
public office shall be eligible during the term of such elective office and the
position of any member shall be deemed vacant upon such member's qualifying as a
candidate for elective public
office.
(b) Each member of the board of elections and registration shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars.
(c) Each member of the board shall be eligible to be reappointed to succeed such member.
(d) Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the respective appointing authority and to the clerk of superior court.
(b) Each member of the board of elections and registration shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars.
(c) Each member of the board shall be eligible to be reappointed to succeed such member.
(d) Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the respective appointing authority and to the clerk of superior court.
SECTION
6.
(a)
In the event a vacancy occurs in the office of any appointed member of the board
before the expiration of his or her term, whether by removal, death,
resignation, or otherwise, the respective appointing authority shall, within 90
days following such vacancy, appoint a successor to serve the remainder of the
unexpired term. The clerk of superior court shall be notified of interim
appointments or elections and record and certify such appointments or elections
in the same manner as the regular appointment of
members.
(b) In the event that West Point, Hogansville, LaGrange, or the chairman of either of the county executive committees of the political parties shall fail to make an interim appointment within the time specified in subsection (a) of this section, the county governing authority shall make such appointment.
(c) All members of the board shall be subject to removal from the board at any time for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
(b) In the event that West Point, Hogansville, LaGrange, or the chairman of either of the county executive committees of the political parties shall fail to make an interim appointment within the time specified in subsection (a) of this section, the county governing authority shall make such appointment.
(c) All members of the board shall be subject to removal from the board at any time for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
SECTION
7.
(a)
The board shall fix and establish, by appropriate resolution entered on its
minutes, directives governing the execution of matters within its jurisdiction.
The board shall hold meetings at the office of the Troup County Board of
Elections and Registration or at the place of meeting of the commissioners. Any
specially called meetings held pursuant to the bylaws adopted by the board shall
be held only after notification of the time and place of the holding of such
special meeting has been communicated in writing to the election supervisor to
provide public notice of the meeting as required by law. All meetings of
whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50
of the O.C.G.A.
(b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
(b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
SECTION
8.
Compensation
for the members of the board shall be fixed by the Board of Commissioners of
Troup County. In addition thereto, they shall be reimbursed for their actual
and necessary expenses incurred in the performance of their duties. All amounts
payable under this section shall be paid from the funds of Troup
County.
SECTION
9.
(a)
The election supervisor may employ, subject to funding by the Troup County Board
of Commissioners and approval by the county manager, additional personnel,
including clerical assistants and poll workers, as needed to efficiently carry
out the duties and functions of the board on either an independent contract
basis or as county employees. The compensation of all such independent
contractors or county employees shall be established by the board of
commissioners and any such personnel who are not independent contractors shall
be at-will employees of the board of commissioners and subject to county
personnel policy in regard to pay, benefits, sick leave, vacation, termination
of employment, and other purposes.
(b) The board of commissioners, at their legislative discretion, shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
(c) With the consent of the governing authority of the county, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support for any political issue or matter of political concern.
(d) This section shall not be construed so as to require the board of commissioners or the board of elections and registration to expend any funds simply because they are authorized to do so under this Act.
(b) The board of commissioners, at their legislative discretion, shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
(c) With the consent of the governing authority of the county, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support for any political issue or matter of political concern.
(d) This section shall not be construed so as to require the board of commissioners or the board of elections and registration to expend any funds simply because they are authorized to do so under this Act.
SECTION
10.
(a)
The Troup County Board of Elections and Registration shall be empowered with all
the powers and duties relating to the conduct of elections as election
superintendents pursuant to the provisions of Title 21 of the O.C.G.A. Any rule
or regulation promulgated by a county executive committee of a political party
under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A.
with regard to the conduct of primaries shall be null and void if in conflict
with a valid rule or regulation of the
board.
(b) The Troup County Board of Elections and Registration is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate the purpose.
(b) The Troup County Board of Elections and Registration is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate the purpose.
SECTION
11.
The
board shall have the authority to contract with any municipality or governmental
authority located within the county for the holding by the board of any primary
or election to be conducted within the municipality or governmental authority.
The full costs of any such election shall be paid for by the requesting
municipality or governmental authority along with a fee established by the board
to offset operational costs of the office of the board. Any such contract shall
be approved and ratified by the board of commissioners.
SECTION
12.
The
Board of Commissioners of Troup County shall cause, through its legal counsel,
this Act to be submitted for preclearance under Section 5 of the federal Voting
Rights Act of 1965, as amended, within 45 days after the date on which this Act
is approved by the Governor or otherwise becomes law without such
approval.
SECTION
13.
(a)
The provisions of this Act which are necessary for the appointment of the
members of the Troup County Board of Elections and Registration who will take
office January 1, 2013, shall be effective upon the approval of the Governor or
upon the date which this Act becomes law without his approval and this Act shall
become effective for all purposes on January 1, 2013. Upon this Act becoming
fully effective, the superintendent of elections of Troup County and the board
of registrars of Troup County 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. On such date, the Board of Registrars of
Troup County and its offices and employment positions shall be
abolished.
(b) Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants.
(b) Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.
