HB355: HB355 Doraville, City of; office of councilmember or mayor; filling vacancies; provide

Doraville's city charter currently spells out how the city fills an empty council or mayoral seat. This bill rewrites that section of the charter (Section 2.05) to change the process for council vacancies while keeping the special election requirement for mayoral vacancies. Under the bill, if fewer than 12 months remain in a vacated council member's term, the mayor would appoint a replacement, subject to approval by a majority of the remaining council members. If more than 12 months remain, the seat would instead be filled through a special election held under Georgia's election law (O.C.G.A. Title 21, Chapter 2). A mayoral vacancy, regardless of time remaining, would always be filled by special election. The bill also keeps the existing definition of what counts as a vacancy, including resignation, death, moving out of the city, or being convicted of certain crimes.

• Rewrites Section 2.05 of Doraville's city charter to set new rules for filling council and mayoral vacancies.
• Lets the mayor appoint a replacement council member, with council approval, when less than 12 months remain in the term.
• Requires a special election to fill a council seat when more than 12 months remain in the term.
• Requires any mayoral vacancy to be filled by special election, no matter how much time is left in the term.
• Keeps the existing definition of what creates a vacancy, such as resignation, death, moving away, incompetence, or certain criminal convictions.
• Repeals any other laws that conflict with these changes.

Doraville city officials, including the mayor and city council members, along with Doraville voters, who would be affected differently depending on whether a vacancy is filled by mayoral appointment or by a special election.

The change determines whether a vacant Doraville council seat is quickly filled by appointment or left open until voters can choose a replacement in a special election, which affects how fast representation is restored and who controls the decision.

• Section 1 amends Section 2.05 of Doraville's 1971 charter (Ga. L. 1971, Ex. Sess., p. 2154, as amended).
• Subsection (a) keeps the current definition of a vacancy, including resignation, death, relocation outside the city, unexcused absence from four consecutive meetings, incompetence, or conviction of malfeasance, a felony, or election law violations.
• Subsection (b) creates a 12-month threshold: mayoral appointment with council approval for shorter remaining terms, special election for longer remaining terms.
• Subsection (c) requires any mayoral vacancy to be filled at the next available special election under Georgia's election law (O.C.G.A. Title 21, Chapter 2).
• Section 2 repeals any conflicting laws.

1. 2025-05-13Effective Date 2025-05-13
2. 2025-05-13Act 137
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-10Senate Passed/Adopted (Senate)
6. 2025-03-10Senate Committee Favorably Reported (Senate)
7. 2025-02-18Senate Read and Referred (Senate)
8. 2025-02-13House Passed/Adopted (House)

• Long Tran (D, HD-080)Primary sponsor

1. PassedHouse voteFebruary 13, 2025

   163 yea, 0 nay (11 not voting, 6 absent)

   Local Calendar : House Vote #32

2. PassedSenate voteMarch 10, 2025

   43 yea, 1 nay (3 not voting, 9 absent)

   Local Consent Calendar: Senate Vote #221

• local government
• Doraville city charter
• city council vacancies
• special elections
• DeKalb County