HB764: HB764 Nelson, City of; office of mayor or city council member; provide for appointments to vacancies

The City of Nelson's charter previously addressed how to fill a vacancy in the office of mayor or city council member. This bill amends that charter, specifically Section 2.12(b), to spell out the process more clearly. Under the revised law, if the mayor's or a council member's seat becomes vacant, the city council must call a special election to fill the rest of the unexpired term. In the meantime, the remaining council members appoint someone to hold the seat until the special election winner is elected and qualified. The special election itself must follow the procedures in Georgia's statewide election law, known as the Georgia Election Code (O.C.G.A. Chapter 2 of Title 21). The bill also repeals any other laws that conflict with this new process.

• Requires the Nelson city council to call a special election whenever the mayor's or a council member's seat becomes vacant, to fill the remaining term.
• Directs the remaining city council members to appoint a temporary replacement to hold the seat until the special election winner is elected and qualified.
• Requires that any such special election be run under Georgia's statewide election law (O.C.G.A. Chapter 2 of Title 21, the Georgia Election Code).
• Repeals any existing laws or charter provisions that conflict with this new vacancy-filling process.

This bill affects the City of Nelson's mayor and city council, city officials who would fill an interim appointment, and Nelson voters who would take part in any special election called to fill a vacant seat.

If a Nelson council seat or the mayor's office is suddenly vacated, this bill sets a clear, consistent process: an interim appointee keeps the seat filled while a special election is organized, so residents know how leadership gaps will be handled and when they'll get to vote on a permanent replacement.

• Section 1 revises subsection (b) of Section 2.12 of Nelson's city charter to set the vacancy-filling procedure.
• The revised text requires the city council to order a special election to fill the unexpired portion of a vacant mayoral or council term.
• The revised text also authorizes the remaining council members to appoint someone to fill the vacancy temporarily until the special election is held.
• The special election must be conducted under the Georgia Election Code (O.C.G.A. Chapter 2, Title 21).
• Section 2 repeals any conflicting laws.

1. 2025-05-13Effective Date 2025-05-13
2. 2025-05-13Act 219
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-28Senate Passed/Adopted (Senate)
6. 2025-03-28Senate Committee Favorably Reported (Senate)
7. 2025-03-27Senate Read and Referred (Senate)
8. 2025-03-25House Passed/Adopted (House)

• Rick Jasperse (R, HD-011)Primary sponsor

1. PassedHouse voteMarch 25, 2025

   170 yea, 0 nay (6 not voting, 4 absent)

   Local Calendar : House Vote #302

2. PassedSenate voteMarch 28, 2025

   53 yea, 0 nay (1 not voting, 2 absent)

   Local Consent Calendar: Senate Vote #313

• city government
• local elections
• City of Nelson charter
• municipal vacancies