09 LC 38
0859
House
Bill 601
By:
Representatives Lindsey of the
54th,
Willard of the
49th,
Teilhet of the
40th,
and Ralston of the
7th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions regarding courts, so as to provide for the recusal of
certain judges under certain circumstances; to amend Title 21 of the Official
Code of Georgia Annotated, relating to elections, so as to provide for
qualifying dates for nonpartisan elections; to provide for the full disclosure
of certain contributions made to judicial races; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 15 of the Official Code of Georgia Annotated, relating to general
provisions regarding courts, is amended by revising Code Section 15-1-8,
relating to the disqualification of a judge or judicial officer, as
follows:
"15-1-8.
(a)
For the purposes of this Code section, the term:
(1)
'Influential action' means any:
(A)
Cumulative amount of contributions to a judicial candidate, campaign committee,
or independent committee, that collectively total an amount greater than the
amount permissible pursuant to Code Section 21-5-41 of which such total
contributions are in support of or in opposition to a specific judicial
candidate; or
(B)
The creation of an independent committee for the purpose of providing support or
opposition to a specific judicial candidate.
(2)
'Campaign committee' shall have the same meaning as in Code Section
21-5-3.
(3)
'Independent committee' shall have the same meaning as in Code Section
21-5-3.
(a)(b)
No judge or Justice of any court, magistrate, nor presiding officer of any
inferior judicature or commission shall:
(1)
Sit in any case or proceeding in which he is pecuniarily
interested;
(2)
Preside, act, or serve in any case or matter when such judge is related by
consanguinity or affinity within the sixth degree as computed according to the
civil law to any party interested in the result of the case or matter;
or
(3)
Sit in any case or proceeding in which he has been of counsel, nor in which he
has presided in any inferior judicature, when his ruling or decision is the
subject of review, without the consent of all parties in interest. In all cases
in which the presiding judge of the superior court was employed as counsel
before his appointment as judge, he shall preside in such cases if the opposite
party or counsel agree in writing that he may preside, unless he declines to do
so.
(b)(c)
No judge or Justice of any court, magistrate, nor presiding officer of any
inferior judicature or commission shall be disqualified from sitting in any case
or proceeding because of the fact that he is a policyholder or is related to a
policyholder of any mutual insurance company which has no capital
stock.
(c)(d)
Nothing in this Code section shall be construed as applying to the
qualifications of trial jurors.
(d)(e)
In all cases in which a part-time judge has a conflict because such judge or his
or her partner or associate represents a governmental agency or entity, a
subdivision of government, or any other client, the judge will recuse himself or
herself or, with the permission of the parties, transfer the case to the state
or superior court, but such judge will not otherwise be disqualified or
prohibited from serving as attorney for such governmental entities.
(f)
A judge or Justice of any court that is elected to such office shall recuse
himself or herself from any case before his or her court:
(1)
If such judge failed to set up a campaign committee to accept contributions and
instead directly solicited contributions from any party or attorney or law firm
representing a party in a case pending before his or her court; or
(2)
Involving a party or his or her attorney that has made an influential action
concerning a campaign of the judge presiding over the party's case during the
election of such judge.
It
shall be the duty of any party who has made an influential action, or such
party's attorney, to serve a notice on the opposing party within ten days of the
filing of the last answer in a lawsuit communicating to the opposing party that
an influential action may exist that could require the presiding judge to recuse
himself or herself. Within ten days of receipt of such notice, opposing counsel
shall have the option to move to recuse the judge from the case. Nothing in
this subsection shall be interpreted to prevent a judge presiding over a case
where an influential action has been made from recusing himself or herself from
such case. This subsection shall be applicable to all influential actions
occurring within two years after the presiding judge has taken office for his or
her current term."
SECTION
2.
Part
1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to general provisions regarding selection and qualification
of candidates and presidential electors, is amended by revising subsections (c)
and (i) of Code Section 21-2-132, relating to the filing notice of candidacy, as
follows:
"(c)
Except as provided in subsection (i) of this Code section, all candidates
seeking election in a nonpartisan election shall file their notice of candidacy
and pay the prescribed qualifying fee by the date prescribed in this subsection
in order to be eligible to have their names placed on the nonpartisan election
ballot by the Secretary of State or election superintendent, as the case may be,
in the following manner:
(1)
Each candidate for
county
judicial office, the office of judge of
the superior court, Judge of the Court of Appeals, or Justice of the Supreme
Court, or the candidate's agent, desiring to have his or her name placed on the
nonpartisan election ballot shall file a notice of candidacy, giving his or her
name, residence address, and the office sought, in the office of the Secretary
of State no earlier than 9:00 A.M. on the fourth Monday in
June
April
immediately prior to the election and no later than 12:00 Noon on the Friday
following the fourth Monday in
June
April,
notwithstanding the fact that any such days may be legal holidays;
and
(2)
Each candidate for a
county
judicial office, a local school board
office, or an office of a consolidated government, or the candidate's agent,
desiring to have his or her name placed on the nonpartisan election ballot shall
file notice of candidacy in the office of the superintendent no earlier than
9:00 A.M. on the fourth Monday in June immediately prior to the election and no
later than 12:00 Noon on the Friday following the fourth Monday in June,
notwithstanding the fact that any such days may be legal
holidays."
"(i)
Notwithstanding any other provision of this chapter to the contrary, for general
elections held in the even-numbered year immediately following the official
release of the United States decennial census data to the states for the purpose
of redistricting of the legislatures and the United States House of
Representatives, candidates in such elections shall qualify as provided in this
subsection:
(1)
All candidates seeking election in a nonpartisan election shall file their
notice of candidacy and pay the prescribed qualifying fee by the date prescribed
in this paragraph in order to be eligible to have their names placed on the
nonpartisan election ballot by the Secretary of State or election
superintendent, as the case may be, in the following manner:
(A)
Each candidate for
a county
judicial office, the office of judge of
the superior court, Judge of the Court of Appeals, or Justice of the Supreme
Court, or the candidate's agent, desiring to have his or her name placed on the
nonpartisan election ballot shall file a notice of candidacy, giving his or her
name, residence address, and the office sought, in the office of the Secretary
of State no earlier than 9:00 A.M. on the
last
Monday
third
Wednesday in
July
June
immediately prior to the election and no later than 12:00 Noon on the Friday
following the
last
Monday
third
Wednesday in
July
June,
notwithstanding the fact that any such days may be legal holidays;
and
(B)
Each candidate for
a county
judicial office, a local school board
office,
or an office of a consolidated government, or the candidate's agent, desiring to
have his or her name placed on the nonpartisan election ballot shall file a
notice of candidacy in the office of the superintendent no earlier than 9:00
A.M. on the last Monday in July immediately prior to the election and no later
than 12:00 Noon on the Friday following the last Monday in July, notwithstanding
the fact that any such days may be legal holidays;
(2)
All political body and independent candidates shall file their notice of
candidacy and pay the prescribed qualifying fee by the date prescribed in this
paragraph in order to be eligible to have their names placed on the general
election ballot by the Secretary of State or election superintendent, as the
case may be, in the following manner:
(A)
Each candidate for federal or state office, or his or her agent, desiring to
have his or her name placed on the general election ballot shall file a notice
of his or her candidacy, giving his or her name, residence address, and the
office he or she is seeking, in the office of the Secretary of State no earlier
than 9:00 A.M. on the last Monday in July immediately prior to the election and
no later than 12:00 Noon on the Friday following the last Monday in July;
and
(B)
Each candidate for a county office, or his or her agent, desiring to have his or
her name placed on the general election ballot shall file notice of his or her
candidacy in the office of the superintendent of his or her county no earlier
than 9:00 A.M. on the last Monday in July immediately prior to the election and
no later than 12:00 Noon on the Friday following the last Monday in July;
and
(3)
Candidates required to file nomination petitions under subsection (e) of this
Code section shall file such petitions not earlier than 9:00 A.M. on the fourth
Monday in July immediately prior to the general election and not later than
12:00 Noon on the first Monday in August immediately prior to the general
election."
SECTION
3.
Article
2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating
to campaign contributions, is amended by adding a new subsection to and revising
subsection (e) of Code Section 21-5-34, relating to disclosure reports, as
follows:
"(e)
Any person,
other than an individual, who makes
contributions to, accepts contributions for, or makes expenditures on behalf of
candidates, and any independent committee, shall file a registration with the
commission in the same manner as is required of campaign committees prior to
accepting or making contributions or expenditures
and shall open
and maintain its campaign depository account in this
state. Such persons, other than
independent committees, shall also file campaign contribution disclosure reports
in the same places and at the same times as required of the candidates they are
supporting, but such persons shall not be required to file copies of campaign
contribution disclosure reports with local election superintendents as is
required of candidates for membership in the General Assembly. The following
persons shall be exempt from the foregoing registration and reporting
requirements:
(1)
Individuals making aggregate contributions of $25,000.00 or less directly to
candidates or the candidates' campaign committees in one calendar
year;
(2)
Persons other than individuals making aggregate contributions and expenditures
to or on behalf of candidates of $25,000.00 or less in one calendar year;
and
(3)
Contributors who make contributions to only one candidate during one calendar
year."
"(g.1)(1)
Any person domiciled outside this state shall be required to file a registration
with the commission in the same manner as is required of campaign committees,
shall be required to file disclosure reports with the commission in the same
manner as required of independent committees, shall appoint a treasurer
domiciled in this state, and shall open and maintain a campaign depository
account within this state; provided that one of the following conditions
prevails:
(A)
The aggregate of all contributions received by the person domiciled outside this
state contributed from persons domiciled in this state exceeds 20 percent in
total dollar amount of all contributions received by the person domiciled
outside this state in a calendar year;
(B)
The aggregate of all contributions and expenditures made to or on behalf of
candidates domiciled in this state by a person, other than an individual,
domiciled outside this state is more than $500.00 in a calendar year;
or
(C)
The aggregate of all contributions and expenditure made by a person, other than
an individual, domiciled outside this state to an independent committee
domiciled in this state is more than $500.00 in a calendar year.
(2)
If a person, other than an independent committee, domiciled in this state
receives a contribution of $500.00 or more from any person domiciled outside
this state, the person domiciled in this state shall register and file a
disclosure report with the commission. The disclosure report shall contain all
of the information mandated pursuant to subsection (b) of this Code section. The
disclosure report shall be filed with the commission within two business days of
receipt of such contribution if the contribution is received after the last
reporting due date and before the election.
(3)
No candidate, campaign committee, or person domiciled in this state shall accept
any contribution made by a person, other than an individual, domiciled outside
of this state unless the requirements of this subsection are
met."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.