Georgia CommonsHB 349: Douglas County; Board of Commissioners; filling vacancies; change provisions
Last action February 18, 2025 · Senate Read and Referred
House Bill 349 would rewrite how the Douglas County Board of Commissioners fills vacancies, creating separate processes for temporary and permanent openings and setting new candidate restrictions.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Douglas County's founding law from 1952, as amended in 1991, currently spells out how the county fills a vacant commissioner seat. This bill rewrites Section 6 of that law to set up two distinct tracks. For temporary vacancies, the board would fill the seat itself through a public application and nomination process advertised by the county clerk, followed by a board vote. For permanent vacancies, the process depends on how much time is left in the term: six months or less means the chief judge of the Superior Court of Douglas County appoints a replacement, while more than six months means the seat goes to a special election under Georgia's election code. The bill also bars certain people from filling a vacancy, including those who do not meet residency rules, have pending litigation against the county, have felony convictions or pending felony indictments, or fail to disclose a political party or state they are unaffiliated. The law would take effect as soon as the Governor signs it and would apply to any vacancy occurring after that date.
What the bill does
- Creates a new public application and nomination process, run by the county clerk, for filling temporary vacancies on the Douglas County Board of Commissioners.
- Requires the county clerk to advertise vacancies on the county website and in the legal organ for two weeks before the board votes to fill a temporary seat.
- Sets rules for permanent vacancies: the chief judge of the Superior Court of Douglas County appoints a replacement if six months or less remain in the term, otherwise a special election is held.
- Bars people with pending litigation against the county, felony convictions or pending felony indictments, residency problems, or undisclosed political affiliation from filling a vacancy.
- Requires anyone filling a vacancy to meet the same qualifications, take the same oath, and receive the same pay as an elected commissioner.
Who it affects
Douglas County residents and voters, current and future members of the Douglas County Board of Commissioners, the county clerk's office, the chief judge of the Superior Court of Douglas County, and anyone seeking to be appointed or elected to fill a vacant commission seat.
Why it matters
The bill changes who decides when a Douglas County commission seat opens up unexpectedly, shifting some decisions from a simple board vote to a structured public application process, judicial appointment, or special election depending on the circumstances, and it screens out certain applicants based on legal or residency issues.
Key provisions
- Section 1 revises Section 6 of the county's 1952 founding Act to separate vacancy-filling rules into temporary and permanent categories.
- For temporary vacancies, paragraph (1)(A) requires a two-week public notice and application period before the board votes among qualified applicants and nominees.
- Paragraph (1)(B) disqualifies applicants who fail residency requirements, have pending litigation against the county, have felony convictions or pending felony charges, or do not disclose party affiliation or unaffiliated status.
- Paragraph (2) sets permanent vacancy rules: judicial appointment by the chief judge of the Superior Court of Douglas County if six months or less remain, otherwise a special election under Georgia's election code (O.C.G.A. Title 21, Chapter 2).
- Paragraph (3) and (4) require appointees or election winners to meet the same qualifications, oath, and compensation as elected commissioners.
- Section 2 makes the Act effective upon the Governor's signature and applies it to vacancies occurring on or after that date.
- Section 3 repeals conflicting laws.
From the bill
“Should a vacancy occur upon said board by resignation, removal, death, or otherwise, except by recall as provided by state law, such vacancy shall be filled as follows”
“In the event that the unexpired term of the vacant position is six months or less, the chief judge of the Superior Court of Douglas County shall appoint a successor to serve for the remainder of such term”
“No person shall be appointed or elected to fill a vacancy who does not meet the qualifications necessary to qualify for election as a commissioner.”
Status timeline
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Kimberly Alexander (D, HD-066)
- Sylvia Baker (D, HD-064)
- Kimberly New (R, HD-040)
Votes
- House voteFebruary 13, 2025
163 yea, 0 nay (11 not voting, 6 absent)
Topics
- Douglas County government
- local government vacancies
- county commissioners
- special elections
- election rules