HB349: HB349 Douglas County; Board of Commissioners; filling vacancies; change provisions

Douglas County's board of commissioners currently has rules for filling vacancies under a 1952 law as amended in 1991. This bill rewrites Section 6 of that local law to create a more detailed process. For temporary vacancies other than the chairperson, the county clerk would have to advertise the opening on the county website and in the legal organ for two weeks, collect applications, and the board would vote to fill the seat from qualified applicants and nominees at a regular or specially called meeting. A temporary vacancy in the chairperson's seat would still be filled by a simple majority vote of the board. The bill also bars certain people from being chosen this way, including those who do not meet residency requirements, have pending litigation against the county, have felony convictions or pending felony indictments, or fail to state a political party or political body affiliation (or declare themselves unaffiliated). For permanent vacancies, a judge appoints a replacement if six months or less remain in the term, otherwise a special election is held. The law would take effect once the Governor signs it and would apply to vacancies occurring afterward.

• Creates a formal application and advertising process for filling temporary board vacancies other than the chairperson's seat.
• Requires the county clerk to advertise vacancies for two weeks on the county website and in the legal organ before the board votes to fill the seat.
• Bars applicants with pending litigation against the county, felony convictions or pending felony indictments, or residency problems from being selected to fill a vacancy.
• Requires applicants to state a political party or political body affiliation, or declare themselves unaffiliated, in order to be considered.
• Keeps the existing rule that a judge appoints a replacement for permanent vacancies with six months or less left in the term, and a special election is held otherwise.
• Sets the effective date as the Governor's signature and applies the new rules to vacancies occurring after that date.

Members and prospective appointees of the Douglas County Board of Commissioners, county residents who might apply to fill a vacant seat, the county clerk's office, the chief judge of the Superior Court of Douglas County, and local election officials.

The changes affect how quickly and through what process an empty commission seat gets filled in Douglas County, adding public advertising and eligibility screening (including a felony and litigation check) that did not previously apply in this detailed form, shaping who can ultimately serve.

• Section 1 revises Section 6 of the 1952 Douglas County board of commissioners act, as amended in 1991, to change vacancy-filling procedures.
• Temporary chairperson vacancies are filled by majority board vote; other temporary vacancies require a two-week public advertising and application process before a board vote.
• Disqualifies applicants who lack required residency, have pending litigation against the county, have felony convictions or pending felony indictments, or fail to disclose party or unaffiliated status.
• Permanent vacancies with six months or less remaining in the term are filled by appointment from the chief judge of the Superior Court of Douglas County; longer vacancies go to a special election under the Georgia Election Code (O.C.G.A. Title 21, Chapter 2).
• Section 2 makes the Act effective upon the Governor's signature (or becoming law without signature) and applies it to vacancies occurring on or after that date.
• Section 3 repeals conflicting laws.

1. 2025-02-18Senate Read and Referred (Senate)
2. 2025-02-13House Passed/Adopted (House)
3. 2025-02-13House Third Readers (House)
4. 2025-02-13House Committee Favorably Reported (House)
5. 2025-02-12House Second Readers (House)
6. 2025-02-11House First Readers (House)
7. 2025-02-10House Hopper (House)

• Kimberly Alexander (D, HD-066)Primary sponsor
• Sylvia Baker (D, HD-064)
• Kimberly New (R, HD-040)

1. PassedHouse voteFebruary 13, 2025

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

   Local Calendar : House Vote #32

• Douglas County government
• local elections
• county commissioners
• vacancy appointments