05 LC 28
2078/AP
House
Bill 585 (AS PASSED HOUSE AND SENATE)
By:
Representatives Houston of the
170th
and Shaw of the
176th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a board of elections and registration for Berrien 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
board́s
performance of certain functions and duties for certain municipalities; to
provide for related matters; 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 subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the
Board of Elections and Registration of Berrien County, hereinafter referred to
as "the board." The board shall have the powers, duties, and responsibilities
of the judge of the probate court of Berrien 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 Berrien 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 meaning 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 term "commissioners" means the Board of
Commissioners of Berrien County and "county" means Berrien County.
SECTION
3.
(a)
The board shall be composed of five members who shall be appointed as provided
in this section.
(b) The members of the board shall be appointed by the governing authority of Berrien County. One member of the board shall be selected by the governing authority of Berrien County to serve as chairperson of the board who shall serve as such during his or her term of office.
(c) All appointments to the board shall be promptly certified by the governing authority of Berrien County to the clerk of the Superior Court of Berrien County.
(d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Berrien County not later than June 1, 2005. The governing authority shall designate two of the initial appointees to serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve a term of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office.
(b) The members of the board shall be appointed by the governing authority of Berrien County. One member of the board shall be selected by the governing authority of Berrien County to serve as chairperson of the board who shall serve as such during his or her term of office.
(c) All appointments to the board shall be promptly certified by the governing authority of Berrien County to the clerk of the Superior Court of Berrien County.
(d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Berrien County not later than June 1, 2005. The governing authority shall designate two of the initial appointees to serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve a term of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office.
SECTION
4.
(a)
No person who holds elective public office shall be eligible to serve as a
member of the board during the term of such elective office, and the position of
any member of the board shall be deemed vacant upon such
membeŕs
qualifying as a candidate for elective public
office.
(b) Members of the board must be residents of Berrien County and must have been registered voters in Berrien County for a period of at least one year prior to the date of their appointment to the board.
(b) Members of the board must be residents of Berrien County and must have been registered voters in Berrien County for a period of at least one year prior to the date of their appointment to the board.
SECTION
5.
The
governing authority of Berrien County shall certify the appointment of each
member of the board by filing an affidavit with the clerk of the superior court
no later than 15 days preceding the date upon which such members are to take
office, stating the name and residential address of the person appointed and
certifying such member has been duly appointed as provided in this Act. The
clerk of the superior court shall record each of such certifications on the
minutes of the superior court and shall certify the name of each such appointed
member to the Secretary of State and 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.
SECTION
6.
Each
member of the board shall be eligible to serve two full four-year terms of
office, shall have the right to resign at any time by giving written notice of
such resignation to the governing authority of Berrien County and to the clerk
of the superior court, and shall be subject to removal from the board by the
governing authority of Berrien County at any time, for cause, after notice and
hearing.
SECTION
7.
In
the event a vacancy occurs in the office of any appointed member before the
expiration of his or her term, by removal, death, resignation, or otherwise, the
governing authority shall appoint a successor to serve the remainder of the
unexpired term as provided for in Section 3 of this Act. The clerk of the
superior court shall be notified of such interim appointments and record and
certify such appointments in the same manner as the regular appointment of
members.
SECTION
8.
Before
entering upon the
membeŕs
duties, each member shall take substantially the same oath as required by law
for registrars and shall have the same privileges from arrest.
SECTION
9.
(a)
The board shall be authorized to organize itself, determine its procedural rules
and regulations, adopt bylaws, specify the functions and duties of its
employees, and otherwise take such action as is appropriate to the management of
the affairs committed to its supervision; provided, however, that no such action
shall conflict with state law. Action and decision by the board shall be by a
majority of the members of the board. The board shall be responsible for the
selection, appointment, and training of poll workers in primaries and
elections.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any two members of the board. 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.
(b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any two members of the board. 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.
SECTION
10.
The
board shall have the authority to contract with any municipality located within
Berrien County for the holding by the board of any primary or election to be
conducted within such municipality.
SECTION
11.
(a)
The governing authority of Berrien County shall be authorized to appoint an
election supervisor to generally supervise, direct, and control the
administration of the affairs of the board pursuant to law and duly adopted
resolutions of the board. Such election supervisor shall not be a member of the
board. The election supervisor shall be considered an employee of Berrien
County and shall be entitled to the same benefits as other employees of Berrien
County.
(b) The governing authority of Berrien County is authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Berrien County and shall be entitled to the same benefits as other employees of Berrien County.
(b) The governing authority of Berrien County is authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Berrien County and shall be entitled to the same benefits as other employees of Berrien County.
SECTION
12.
Compensation
for the members of the board, election supervisor, clerical assistants, and
other employees shall be fixed by the governing authority of Berrien County.
Such compensation shall be paid wholly from county funds.
SECTION
13.
The
governing authority of Berrien County shall provide the board with such proper
and suitable offices, equipment, materials, and supplies and with such clerical
assistance and other employees as the governing authority of Berrien County
deems appropriate.
SECTION
14.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval for purposes of making initial appointments
to the board only. This Act shall become fully effective on July 1, 2005. Upon
this Act becoming fully effective, the superintendent of elections of Berrien
County and the board of registrars of Berrien 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.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.