HB608: HB608 Muscogee County; School District; revise how vacancies on board of education are filled

25 LC 62 0078/AP House Bill 608 (AS PASSED HOUSE AND SENATE) By: Representatives Reese of the 140th, Hugley of the 141st, Rice of the 139th, Buckner of the 137th, and Smith of the 138th A BILL TO BE ENTITLED AN ACT To amend an Act creating the Muscogee County School District, a pproved1 February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to revise how vacancies on said2 board are filled; to provide for related matters; to repeal con flicting laws; and for other3 purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 An Act creating the Muscogee County School District, approved F ebruary 25, 19497 (Ga. L. 1949, p. 1086), as amended, is amended by revising subsection (g) of Section 5 as8 follows:9 "(g)(1) A vacancy on the board of education occurring for any reason shall be filled as10 follows:11 (A) If the vacancy occurs more than 90 days before to the date of a general election12 preceding the general election at which a successor will be elected to a new full term13 of office, then such vacancy shall be filled for the unexpired term of office at a special14 election to be held on the same date as said general election p receding the general15 election at which a successor will be elected to a new full ter m of office; and in this16 H. B. 608 - 1 - 25 LC 62 0078/AP case the remaining members of the board of education shall, by majority vote, select a17 qualified person to fill the vacancy until the person elected at such special election takes18 office; and19 (B) If the vacancy occurs 90 days or fewer before the date of a general election20 preceding the general election at which a successor will be elected to a new full term21 of office, then the remaining members of the local board of education shall, by majority22 vote, select a qualified person to serve for the remainder of the unexpired term.23 (2) Any person elected or appointed to fill a vacancy pursuant to this subsection shall24 possess the same qualifications required for election to a full term of office as provided25 by law applicable to the office wherein the vacancy occurred. As applied to special26 elections, if the office wherein the vacancy occurred is filled by election of voters within27 a portion of the local school district, then the special electi on shall be held within that28 portion of the local school district; provided, however, that, if the office wherein the29 vacancy occurred is filled by the voters within the entire school district, then the special30 election shall be held within the entire school district.31 (3) The election superintendent of Muscogee County shall issue the call for a special32 election to fill a vacancy as required by this subsection. The call for a special election33 shall be issued within 30 days after the existence of a vacancy has been established. A34 special election to fill vacancies shall be held and conducted in accordance with the35 applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia36 Election Code.'"37 SECTION 2.38 All laws and parts of laws in conflict with this Act are repealed.39 H. B. 608 - 2 -