---
title: HB 349. Douglas County; Board of Commissioners; filling vacancies; change provisions
collection: bills
id: 2025-2026/hb349
cite_as: HB 349, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb349
md_url: https://georgiacommons.org/bills/2025-2026/hb349.md
text_url: https://georgiacommons.org/bills/2025-2026/hb349/text
source_url: https://www.legis.ga.gov/legislation/70111
date: 2025-02-18
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 472
omitted_url: https://georgiacommons.org/bills/2025-2026/hb349.md?full=1
bill_number: HB 349
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-13
last_action: Senate Read and Referred
sponsors:
  - Kimberly Alexander
  - Sylvia Baker
  - Kimberly New
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB349/2025
upstream_id: 1964561
summaries_model: claude-sonnet-5
topic_tags:
  - Douglas County government
  - local government vacancies
  - county commissioners
  - special elections
  - election rules
---

# HB 349. Douglas County; Board of Commissioners; filling vacancies; change provisions

## Text

House Bill 349
By: Representatives Alexander of the 66th, Baker of the 64th, and New of the 40th
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating the Board of Commissioners of Douglas County, approved
February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved
February 25, 1991 (Ga. L. 1991, p. 3501), so as to change provisions relating to filling of
vacancies on the board of commissioners; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the Board of Commissioners of Douglas County, approved February 15,
1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved February 25, 1991
(Ga. L. 1991, p. 3501), is amended by revising Section 6 as follows:
"SECTION 6.
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:
(1) If the vacancy is a temporary vacancy:
(A) A temporary vacancy of the chairperson shall be filled by a majority vote of the
elected members of the board. All other temporary vacancies on the board shall be
filled by a majority vote of the elected members of the board after an application and
nomination process, as follows:
(i) The county clerk shall advertise on the county's public website and in the county
legal organ, once per week for a period of two weeks, the board's intention to fill the
vacancy, instructions for submitting an application to be nominated to fill the
vacancy, and deadlines for submitting such application. The county clerk shall
provide each elected member of the commission with a copy of each submitted
application;
(ii) At the next regular meeting or specially called meeting of the board after the
application deadline, the county clerk shall present the submitted applications to the
board and the board may accept additional nominations to fill the vacancy; and
(iii) At such meeting, a vote shall be taken by the elected members of the board to fill
the vacancy from the qualified applicants and nominees; and
(B) No person shall be elected pursuant to subparagraph (A) of this paragraph who:
(i) Does not meet the residency requirement for the vacant position as of the date of
submitting an application;
(ii) Has pending litigation against the county;
(iii) Has been convicted of a felony or has a pending indictment for a felony; or
(iv) Does not:
(I) Certify his or her political party or political body affiliation through his or her
respective political party or political body; or
(II) State in his or her application that he or she is unaffiliated with any political
party or political body.
(2) If the vacancy is a permanent vacancy:
(A) 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; or
(B) In the event that the unexpired term of the vacant position is more than six months,
the vacancy shall be filled at the next available special election date. Such special
election shall be called and held in the manner prescribed by Chapter 2 of Title 21 of
the O.C.G.A., the 'Georgia Election Code.'
(3) 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.
(4) Persons elected or appointed to fill a vacancy shall take the same oath of office and
receive the same compensation as elected commissioners."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval and shall apply to any vacancy occurring on or after the effective date
of this Act.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

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.

### Plain-language summary

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 it 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.

## Status

- Status: Engrossed (2025-02-13)
- Last action: Senate Read and Referred (2025-02-18)
- Sponsors: Kimberly Alexander, Sylvia Baker, Kimberly New
- Official page: https://www.legis.ga.gov/legislation/70111

> The history, votes, and amendments (472 characters) are at https://georgiacommons.org/bills/2025-2026/hb349.md?full=1