HB759: HB759 Spalding County; board of elections; terms of members; update provisions

25 LC 47 3516/AP House Bill 759 (AS PASSED HOUSE AND SENATE) By: Representatives Camp of the 135th and Mathiak of the 82nd A BILL TO BE ENTITLED AN ACT To amend an Act to provide a board of elections for Spalding County, approved March 19,1 1987 (Ga. L. 1987, p. 4432), as amended, so as to update provisions related to the terms of2 board members; to revise provisions related to holding meetings of the board; to rename the3 elections supervisor as the elections director; to revise dutie s of the elections director; to4 authorize the board to hire its own legal counsel; to provide f or related matters; to repeal5 conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act to provide a board of elections for Spalding County, app roved March 19, 19879 (Ga. L. 1987, p. 4432), as amended, is amended by revising subsection (b) of Section 5 as10 follows:11 "(b) The initial member appointed by the judges of the superior court shall serve an initial12 term ending on January 1, 2025, and until a successor is appoin ted and qualified. 13 Successors to such fifth member shall be subject to removal at any time for cause by a14 majority of the superior court judges of Spalding County after notice and a hearing."15 H. B. 759 - 1 - 25 LC 47 3516/AP SECTION 2.16 Said Act is further amended by revising subsections (b) and (e) of Section 9 as follows:17 "(b) The board shall comply fully with the provisions of Chapte r 14 of Title 50 of the18 O.C.G.A., relating to open meetings, and Article 4 of Chapter 1 8 of Title 50 of the19 O.C.G.A., relating to open records. The board shall ensure that the public has adequate20 access to its meetings."21 "(e) The elections director shall be responsible for training o r causing to be trained all22 employees of the board and all poll workers in election laws and procedures."23 SECTION 3.24 Said Act is further amended by revising Section 10 as follows:25 "SECTION 10.26 The elections director shall be responsible for the selection, appointment, and training of27 all poll workers in elections, and such workers shall be appointed, insofar as practicable,28 from lists provided to the board by the county executive committee of each political party."29 SECTION 4.30 Said Act is further amended by revising Section 12 as follows:31 "SECTION 12.32 (a) There shall be an administrative director, to be known as the elections director, to33 administer and supervise the conduct of elections, primaries, a nd registration of electors34 for the county who shall serve at the pleasure of the board. The board shall act to appoint35 such administrative director or elections director within 60 days of the effective date of this36 section, or of the date of any vacancy in such position. Such e lections director shall be a37 H. B. 759 - 2 - 25 LC 47 3516/AP legal resident of and registered to vote in Spalding County and shall remain a legal resident38 of and a registered elector of Spalding County while serving as elections director.39 (b) The elections director shall be a full-time employee and s hall not have any other40 employment while in such position. The elections director shall be an employee of41 Spalding County and shall be entitled to all benefits available to other employees.42 (c) Compensation for the elections director shall be set by th e board consistent with the43 budget of the board approved by the governing authority of Spal ding County. Such44 compensation shall be paid wholly from county funds.45 (d) The elections director shall be authorized to employ such full-time and part-time46 employees as the elections director shall deem necessary, provi ded that the same is47 consistent with the budget of the board approved by the governing authority of Spalding48 County. All such employees shall be legal residents of and registered to vote in Spalding49 County and shall remain legal residents of and registered electors of Spalding County while50 employed by the board.51 (e) No person who holds an elective public office shall be eli gible to serve as elections52 director or as an employee of the elections office during the t erm of his or her elective53 office, and the position of elections director or any employee of the elections office shall54 be deemed vacant upon such person qualifying as a candidate in any primary or election55 for public office. No person shall be eligible to serve as elections director or employee of56 the elections office while holding any public office to which h e or she was appointed or57 while he or she is a salaried employee of the governing authority of Spalding County or of58 any municipality within the county or of any board of education or commission, board, or59 authority appointed by the governing authority of the county or any municipality within the60 county."61 SECTION 5.62 Said Act is further amended by revising subsection (b) of Section 14 as follows:63 H. B. 759 - 3 - 25 LC 47 3516/AP "(b) The board shall have the authority to hire legal counsel of its choosing or may choose64 to be represented by the county attorney."65 SECTION 6.66 All laws and parts of laws in conflict with this Act are repealed.67 H. B. 759 - 4 -