Georgia CommonsHouse · Passed · 2025-2026 Regular Session
HB 839: Jackson County; board of commissioners; filling vacancies; revise provisions
Last action May 13, 2025 · Effective Date
House Bill 839 changes how Jackson County fills a vacancy on its board of commissioners, requiring a special election and allowing the remaining commissioners to appoint a temporary replacement in the meantime.
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 Enrolled version, the latest the General Assembly's website lists.
In plain language
Jackson County's board of commissioners currently operates under a 1901 law, last amended in 1999, that spells out how vacancies on the board get filled. This bill rewrites subsection (b) of that law. Under the new language, if a vacancy opens up with at least 180 days left in the term, the county's election superintendent must call a special election within 15 days to fill the seat for the rest of the term, following Georgia's election law (O.C.G.A. Title 21, Chapter 2). The winner takes office as soon as the results are certified. If the vacancy is in the chairperson's seat, the vice chairperson takes on the chairperson's powers until a new chairperson is elected. The bill also lets the remaining board members appoint someone to temporarily hold the seat until the special election winner takes office, using the same appointment process already used elsewhere in the law.
What the bill does
- Requires Jackson County's election superintendent to call a special election within 15 days of a board vacancy if at least 180 days remain in the term.
- Directs that the special election be run under Georgia's election law (O.C.G.A. Title 21, Chapter 2), the Georgia Election Code.
- Lets the vice chairperson exercise the chairperson's powers if the chairperson's seat becomes vacant, until a successor is elected.
- Allows the remaining board members to appoint someone to temporarily fill a vacancy until the special election is resolved, using the county's existing appointment procedure.
Who it affects
Jackson County residents and voters, the county's election superintendent, current and future members of the Jackson County board of commissioners, and anyone who might be appointed or elected to temporarily or permanently fill a vacant seat.
Why it matters
The changes set clear timelines and procedures for keeping Jackson County's board of commissioners fully staffed when a seat opens up unexpectedly, including leadership continuity if the chairperson's seat is vacant and a way to have someone in place while a special election is arranged.
Key provisions
- Section 1 revises subsection (b) of Section 5 of the 1901 Jackson County commissioners Act, as amended in 1999.
- Paragraph (1) requires a special election within 15 days of a vacancy if 180 or more days remain in the term, conducted under the Georgia Election Code.
- Paragraph (1) also provides that the vice chairperson takes on chairperson duties if that seat is vacant, until a successor takes office.
- Paragraph (2) allows the remaining board members to appoint a temporary replacement using the same procedure as in subsection (c) of Section 5.
- Section 2 repeals any conflicting laws.
From the bill
“the election superintendent of Jackson County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the remainder of the unexpired term”
“the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office”
“the remaining members of the board of commissioners, at their discretion, may appoint a qualified individual to temporarily fill any such vacancy”
Status timeline
- Effective Date
- Act 239
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
Show full history (13 actions)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Houston Gaines (R, HD-120)
- Holt Persinger (R, HD-119)
- Chris Erwin (R, HD-32)
- Emory Dunahoo (R, HD-31)
Votes
- House voteMarch 31, 2025
165 yea, 0 nay (10 not voting, 5 excused)
- Senate voteApril 2, 2025
51 yea, 0 nay (2 not voting, 3 excused)
Topics
- Jackson County government
- local elections
- county commissioners
- special elections