HB 764: Nelson, City of; office of mayor or city council member; provide for appointments to vacancies

The City of Nelson's charter, first adopted in 1992 and amended in 1993, previously required a special election whenever the office of mayor or a city council seat became vacant, but it did not spell out who would serve in the meantime. House Bill 764 rewrites part of that charter (Section 2.12) to fix that gap. Under the new language, when the mayor's office or a council seat becomes vacant, the city council must still order a special election to fill the rest of the unexpired term. But now the remaining council members can appoint someone to hold the position temporarily until that special election happens and a winner is sworn in. The special election itself would still follow the rules in Georgia's statewide election law (O.C.G.A. Chapter 2 of Title 21), known as the Georgia Election Code.

• Lets the Nelson city council appoint someone to temporarily fill a vacant mayor or council seat until a special election is held.
• Keeps the existing requirement that the city council must order a special election to fill the rest of an unexpired term after a vacancy.
• Requires that special election to be run under Georgia's statewide election law (O.C.G.A. Chapter 2 of Title 21), the Georgia Election Code.
• Repeals any earlier laws that conflict with this new appointment process.

This bill affects the City of Nelson's mayor, city council members, and city government operations. It matters most to Nelson residents and voters, since it determines who represents them in city government during the gap between an official leaving office and a special election.

If a mayor or council member in Nelson leaves office early, the city would no longer have to operate with an empty seat while waiting for a special election. The council could name a temporary appointee to keep city business running until voters pick a permanent successor.

• Section 1 revises subsection (b) of Section 2.12 of the City of Nelson's charter to add an appointment process for vacancies.
• The city council must order a special election to fill the remainder of an unexpired term when the mayor's office or a council seat becomes vacant.
• The remaining council members may appoint someone to hold the vacant seat until the special election winner is elected and qualified.
• The special election must follow Georgia's Election Code (O.C.G.A. Chapter 2 of Title 21), as it currently exists or may later be amended.
• Section 2 repeals any conflicting prior laws.

1. 2025-05-13Effective Date
2. 2025-05-13Act 219
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-28Senate Passed/Adopted (Senate)
6. 2025-03-28Senate Committee Favorably Reported (Senate)
7. 2025-03-27Senate Read and Referred (Senate)
8. 2025-03-25House Passed/Adopted (House)

• Rick Jasperse (R, HD-11)Primary sponsor

1. PassedHouse voteMarch 25, 2025

   170 yea, 0 nay (6 not voting, 4 excused)

   Local Calendar: House Vote #302

2. PassedSenate voteMarch 28, 2025

   53 yea, 0 nay (1 not voting, 2 excused)

   LOCAL CONSENT CALENDAR: Senate Vote #313

• local government charters
• city council vacancies
• special elections
• City of Nelson