--- title: HB 839. Jackson County; board of commissioners; filling vacancies; revise provisions collection: bills id: 2025-2026/hb839 cite_as: HB 839, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb839 md_url: https://georgiacommons.org/bills/2025-2026/hb839.md text_url: https://georgiacommons.org/bills/2025-2026/hb839/text source_url: https://www.legis.ga.gov/legislation/71641 date: 2025-05-13 status: passed corpus_version: bills-2026-08-28 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb838.md next: https://georgiacommons.org/bills/2025-2026/hb840.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 906 omitted_url: https://georgiacommons.org/bills/2025-2026/hb839.md?full=1 bill_number: HB 839 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-05-13 last_action: Effective Date 2025-05-13 sponsors: - Houston Gaines - Holt Persinger - Chris Erwin - Emory Dunahoo text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/HB839/2025 upstream_id: 2014720 summaries_model: claude-sonnet-5 topic_tags: - Jackson County government - local elections - county commissioners - special elections - vacancy appointments --- # HB 839. Jackson County; board of commissioners; filling vacancies; revise provisions ## Text 25 LC 47 3560/AP House Bill 839 (AS PASSED HOUSE AND SENATE) By: Representatives Gaines of the 120 th, Persinger of the 119 th, Erwin of the 32 nd, and Dunahoo of the 31st A BILL TO BE ENTITLED AN ACT To amend an Act entitled "An Act to create a board of county commissioners for the county1 of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly2 by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to revise provisions related3 to filling certain vacancies on the board of commissioners; to provide for related matters; to4 repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 An Act entitled "An Act to create a board of county commissione rs for the county of8 Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by9 an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), is amended by revising subsection10 (b) of Section 5 as follows:11 "(b)(1) In the event a vacancy occurs on the board of commissioners when at least 18012 days remain in the unexpired term of office, the election super intendent of Jackson13 County, within 15 days after the vacancy occurs, shall issue the call for a special election14 to fill the vacancy for the remainder of the unexpired term. Such special election shall be15 called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia16 H. B. 839 - 1 - 25 LC 47 3560/AP Election Code,' as now or hereafter amended. Any person elected in a special election to17 fill such a vacancy shall take office immediately upon certification of the results of such18 special election and qualification. If such vacancy is in the o ffice of chairperson of the19 board of commissioners, the vice chairperson of the board shall exercise the powers and20 duties of the chairperson for the period beginning on the date the vacancy occurs and21 ending on the date the successor chairperson takes office for t he remainder of the22 unexpired term following the special election provided for in this subsection.23 (2) Until such time as a permanent successor can be elected as provided for in24 paragraph (1) of this subsection, the remaining members of the board of commissioners,25 at their discretion, may appoint a qualified individual to temp orarily fill any such26 vacancy. Any such person appointed to temporarily fill a vacan cy shall be appointed27 using the same procedures as provided for in subsection (c) of this section."28 SECTION 2.29 All laws and parts of laws in conflict with this Act are repealed.30 H. B. 839 - 2 - ## 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 839 rewrites how Jackson County fills a vacancy on its board of commissioners, requiring a special election when enough time remains and letting the board temporarily appoint someone in the meantime. ### Plain-language summary Jackson County's board of commissioners currently operates under a 1901 local law, last amended in 1999, that sets rules for filling a vacant seat on the board. This bill revises those rules. If a vacancy opens up with at least 180 days left in the unexpired 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 the procedures in Georgia's election law (O.C.G.A. Title 21, Chapter 2). The winner takes office as soon as the results are certified and they qualify. If the vacancy is in the chairperson's seat, the vice chairperson takes over the chairperson's powers until a successor is elected. Until a permanent replacement is chosen, the remaining board members may vote to temporarily appoint someone to fill the seat, using the same appointment process the board already uses under a separate part of the law. The bill repeals any conflicting laws. ### What it does - Requires the Jackson County election superintendent to call a special election within 15 days if a board vacancy occurs with at least 180 days left in the term. - Specifies that special elections to fill vacancies follow Georgia's election code (O.C.G.A. Title 21, Chapter 2). - Allows a newly elected replacement to take office immediately once election results are certified and they qualify. - Puts the vice chairperson in charge of the chairperson's duties if that specific seat becomes vacant, until a successor takes office. - Lets the remaining board members appoint someone to temporarily fill a vacancy while waiting for the special election outcome, using the board'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 appointed or elected to temporarily or permanently fill a vacant seat on that board. ### Why it matters The bill clarifies exactly how quickly a vacant seat on Jackson County's governing board must be filled and who runs things in the interim, which affects how continuously the county government functions and how soon residents get a voice back on the board after a vacancy. ### Key provisions - Section 1 revises subsection (b) of Section 5 of the county's 1901 organizing Act to set new vacancy-filling rules. - Paragraph (1) requires a special election called within 15 days when 180 or more days remain in the unexpired term, conducted under the Georgia Election Code. - Paragraph (1) also states the vice chairperson exercises the chairperson's powers if that office becomes vacant, until a successor takes office. - Paragraph (2) allows the remaining commissioners to appoint a temporary replacement, using the same procedure as subsection (c) of the same section, until the special election is resolved. - Section 2 repeals any conflicting laws. ## Status - Status: Passed (2025-05-13) - Last action: Effective Date 2025-05-13 (2025-05-13) - Sponsors: Houston Gaines, Holt Persinger, Chris Erwin, Emory Dunahoo - Official page: https://www.legis.ga.gov/legislation/71641 > The history, votes, and amendments (906 characters) are at https://georgiacommons.org/bills/2025-2026/hb839.md?full=1