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House · Passed · 2025-2026 Regular Session

HB 355: Doraville, City of; office of councilmember or mayor; filling vacancies; provide

Last action May 13, 2025 · Effective Date

House Bill 355 changes how the City of Doraville fills vacancies on its city council or in the mayor's office, replacing the old rule with a mix of mayoral appointment and special elections depending on how much term time is left.

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In plain language

This bill amends Doraville's city charter, originally set by a 1971 state law, to update Section 2.05 on filling vacancies among councilmembers or the mayor. It keeps the existing definitions of what creates a vacancy, such as resignation, death, moving out of the city, missing four consecutive meetings without an approved leave, being declared incompetent, or being convicted of a felony, malfeasance, or election law violations. The new rule changes how a council vacancy gets filled. If less than 12 months remain in the term, the mayor appoints a replacement, subject to approval by a majority of the remaining councilmembers. If more than 12 months remain, the seat is filled through a special election under Georgia's Election Code (O.C.G.A. Title 21, Chapter 2). A vacancy in the mayor's office is always filled by special election, regardless of how much time is left in the term. The bill repeals any conflicting laws.

What the bill does

  • Rewrites Section 2.05 of Doraville's city charter to set new procedures for filling council or mayoral vacancies.
  • Allows the mayor to appoint a replacement councilmember, with council approval, only when less than 12 months remain in the unexpired term.
  • Requires a special election under the Georgia Election Code to fill a council vacancy when more than 12 months remain in the term.
  • Requires any vacancy in the mayor's office to be filled by special election, no matter how much time is left in the term.
  • Keeps the existing list of events that create a vacancy, including resignation, death, relocation out of the city, extended absence, incompetence, or certain convictions.

Who it affects

Doraville city councilmembers and the mayor, city voters who would participate in any special elections, and DeKalb County election officials who would administer those elections under the Georgia Election Code.

Why it matters

The change determines whether a vacant Doraville council seat is filled quickly by mayoral appointment or through a special election, which takes longer but lets voters choose. It also standardizes that any mayoral vacancy always goes to a special election rather than an appointment.

Key provisions

  • Section 1 revises Section 2.05 of Doraville's 1971 charter Act, defining what counts as a vacancy in a council or mayoral seat.
  • Subsection (b) sets a 12-month threshold: under 12 months remaining means mayoral appointment with council approval; over 12 months means a special election.
  • Subsection (c) requires any mayoral vacancy to be filled by special election regardless of time remaining in the term.
  • Special elections must follow the procedures in Georgia's Election Code (O.C.G.A. Title 21, Chapter 2).
  • Section 2 repeals any conflicting laws.

From the bill

“If fewer than 12 months remain in the unexpired term of the vacated council seat, the mayor shall appoint a successor to serve for the remainder of such term subject to the approval of the majority of the remaining councilmembers.”

Sets the rule for filling a council vacancy when little time remains in the term.

“In the event a vacancy should occur in the office of the mayor, the vacancy shall be filled at the next available special election date.”

Requires a special election to fill any mayoral vacancy, regardless of the time remaining.

Status timeline

  1. 2025-05-13Effective Date
  2. 2025-05-13Act 137
  3. 2025-05-13House Date Signed by Governor (House)
  4. 2025-04-07House Sent to Governor (House)
  5. 2025-03-10Senate Passed/Adopted (Senate)
  6. 2025-03-10Senate Committee Favorably Reported (Senate)
  7. 2025-02-18Senate Read and Referred (Senate)
  8. 2025-02-13House Passed/Adopted (House)
Show full history (13 actions)
  1. 2025-02-13House Third Readers (House)
  2. 2025-02-13House Committee Favorably Reported (House)
  3. 2025-02-12House Second Readers (House)
  4. 2025-02-11House First Readers (House)
  5. 2025-02-10House Hopper (House)

Sponsors

  • Long Tran (D, HD-80)Primary sponsor

Votes

  1. PassedHouse voteFebruary 13, 2025

    163 yea, 0 nay (11 not voting, 6 excused)

    Local Calendar: House Vote #32

  2. PassedSenate voteMarch 10, 2025

    43 yea, 1 nay (3 not voting, 9 excused)

    LOCAL CONSENT CALENDAR: Senate Vote #221

Topics

  • local government
  • Doraville city charter
  • special elections
  • city council vacancies
  • DeKalb County

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