House Bill 369 (AS PASSED HOUSE AND SENATE)
By: Representatives Sharper of the 177th, Hitchens of the 161st, LaHood of the 175th, Baker
of the 64th, Cummings of the 39th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
primaries and elections generally, so as to provide for the nonpartisan election of county
officers and district attorneys in certain counties; to provide for the qualifying for such
offices; to provide for definitions; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and
primaries generally, is amended in by revising paragraph (2) of subsection (c) of Code
Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit,
reopening qualifying period, payment of qualifying fee, and pauper's affidavit and qualifying
petition for exemption from qualifying fee, as follows:
"(2) Each candidate for a county <del>judicial</del> office, a local board of education office, or an
office of a consolidated government, or the candidate's agent, desiring to have his or her
name placed on the nonpartisan election ballot shall file notice of candidacy in the office
of the superintendent no earlier than 9:00 A.M. on the Monday of the eleventh week
immediately prior to the election and no later than 12:00 Noon on the Friday immediately
following such Monday, notwithstanding the fact that any such days may be legal
holidays;"
SECTION 2.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"21-2-140.
(a) As used in this Code section, the term:
(1) 'Consolidated law enforcement county' means any county where the elected office
of county coroner has been abolished.
(2) 'County office' means any office where the electors of a county elected the
officeholder. Such term shall include, but not be limited to, members of a county
governing authority, tax commissioners, clerks of superior court, solicitor-generals, and
where such offices are elected by the electors of such county, clerk of the state court and
county surveyor.
(b) Except as provided for in subsection (c) of this Code section, all candidates to fill
elected county offices in a consolidated law enforcement county shall be elected in
nonpartisan elections.
(c) The provisions of this Code section shall not apply to:
(1) The office of county sheriff; or
(2) Offices of county governing authorities established pursuant to or authorized by a
local constitutional amendment.
(d) County officers provided for in subsection (b) of this Code section shall be elected in
nonpartisan elections held and conducted in conjunction with the general primary in
even-numbered years in accordance with this chapter without a prior nonpartisan primary.
Except as otherwise provided in this Code section, the procedures employed in such
elections shall conform as nearly as practicable to the procedures governing nonpartisan
</ins>
<ins>elections as provided in this chapter. Except as otherwise provided in this Code section,
the election procedures established by any existing local law which provides for the
partisan election of candidates to fill elected county offices shall be repealed and elections
for such county offices shall be conducted as nonpartisan elections accordance with the
applicable provisions of this chapter, notwithstanding the provisions of any existing local
law.
(e) Notwithstanding any other provision of this chapter to the contrary, all candidates to
fill the office of district attorney for a judicial circuit comprised solely of a consolidated
law enforcement county shall be elected in nonpartisan elections to be held as part of the
November election as that term is defined in paragraph (15) of Code Section 21-2-2
without a prior nonpartisan primary. No candidate for any such office shall be nominated
by a political party or by a petition as a candidate of a political body or as an independent
candidate. Except as otherwise provided in this subsection, the procedures employed in
such elections shall conform as nearly as practicable to the procedures governing
nonpartisan elections as provided in this chapter. All candidates to fill the office of district
attorney for a judicial circuit comprised solely of a consolidated law enforcement county
shall qualify with the Secretary of State in the same manner and at the same time as
provided for candidates to qualify for the office of judge in Code Section 21-2-138."
</ins> SECTION 3.
This Act shall become effective on January 1, 2028.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.