HB839: HB839 Jackson County; board of commissioners; filling vacancies; revise provisions

Jackson County's board of commissioners currently operates under a 1901 local law, last amended in 1999, that sets rules for filling a vacant seat on the board. This bill revises those rules. If a vacancy opens up with at least 180 days left in the unexpired term, the county's election superintendent must call a special election within 15 days to fill the seat for the rest of the term, following the procedures in Georgia's election law (O.C.G.A. Title 21, Chapter 2). The winner takes office as soon as the results are certified and they qualify. If the vacancy is in the chairperson's seat, the vice chairperson takes over the chairperson's powers until a successor is elected. Until a permanent replacement is chosen, the remaining board members may vote to temporarily appoint someone to fill the seat, using the same appointment process the board already uses under a separate part of the law. The bill repeals any conflicting laws.

• Requires the Jackson County election superintendent to call a special election within 15 days if a board vacancy occurs with at least 180 days left in the term.
• Specifies that special elections to fill vacancies follow Georgia's election code (O.C.G.A. Title 21, Chapter 2).
• Allows a newly elected replacement to take office immediately once election results are certified and they qualify.
• Puts the vice chairperson in charge of the chairperson's duties if that specific seat becomes vacant, until a successor takes office.
• Lets the remaining board members appoint someone to temporarily fill a vacancy while waiting for the special election outcome, using the board's existing appointment procedure.

Jackson County residents and voters, the county's election superintendent, current and future members of the Jackson County Board of Commissioners, and anyone appointed or elected to temporarily or permanently fill a vacant seat on that board.

The bill clarifies exactly how quickly a vacant seat on Jackson County's governing board must be filled and who runs things in the interim, which affects how continuously the county government functions and how soon residents get a voice back on the board after a vacancy.

• Section 1 revises subsection (b) of Section 5 of the county's 1901 organizing Act to set new vacancy-filling rules.
• Paragraph (1) requires a special election called within 15 days when 180 or more days remain in the unexpired term, conducted under the Georgia Election Code.
• Paragraph (1) also states the vice chairperson exercises the chairperson's powers if that office becomes vacant, until a successor takes office.
• Paragraph (2) allows the remaining commissioners to appoint a temporary replacement, using the same procedure as subsection (c) of the same section, until the special election is resolved.
• Section 2 repeals any conflicting laws.

1. 2025-05-13Effective Date 2025-05-13
2. 2025-05-13Act 239
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-04-02Senate Passed/Adopted (Senate)
6. 2025-04-02Senate Committee Favorably Reported (Senate)
7. 2025-03-31Senate Read and Referred (Senate)
8. 2025-03-31House Passed/Adopted (House)

• Houston Gaines (R, HD-120)Primary sponsor
• Holt Persinger (R, HD-119)
• Chris Erwin (R, HD-032)
• Emory Dunahoo (R, HD-031)

1. PassedHouse voteMarch 31, 2025

   165 yea, 0 nay (10 not voting, 5 absent)

   Local Calendar Without Hbs 851 & 852: House Vote #342

2. PassedSenate voteApril 2, 2025

   51 yea, 0 nay (2 not voting, 3 absent)

   Local Consent Calendar: Senate Vote #381

• Jackson County government
• local elections
• county commissioners
• special elections
• vacancy appointments