--- title: HB 852. Athens-Clarke County; Board of Elections and Registration; reconstitute and reestablish collection: bills id: 2025-2026/hb852 cite_as: HB 852, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb852 md_url: https://georgiacommons.org/bills/2025-2026/hb852.md text_url: https://georgiacommons.org/bills/2025-2026/hb852/text source_url: https://www.legis.ga.gov/legislation/71654 date: 2025-03-31 status: introduced 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/hb851.md next: https://georgiacommons.org/bills/2025-2026/hb853.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 355 omitted_url: https://georgiacommons.org/bills/2025-2026/hb852.md?full=1 bill_number: HB 852 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-03-25 last_action: House Committee Favorably Reported By Substitute sponsors: - Houston Gaines - Marcus Wiedower - Trey Rhodes text_version: Comm Sub has_text: true legiscan_url: https://legiscan.com/GA/bill/HB852/2025 upstream_id: 2014678 summaries_model: claude-sonnet-5 topic_tags: - election administration - Athens-Clarke County - voter registration - local government - board appointments --- # HB 852. Athens-Clarke County; Board of Elections and Registration; reconstitute and reestablish ## Text 25 LC 47 3706S The House Committee on Intragovernmental Coordination - Local Legislation offers the following substitute to HB 852: A BILL TO BE ENTITLED AN ACT To reconstitute and reestablish the Athens-Clarke County Board of Elections and1 Registration; to provide for the powers and duties of the board ; to provide for the2 appointment, removal, terms of office, and compensation of its members; to provide for3 filling of vacancies; to provide for meetings of the board; to provide for a supervisor of4 elections and registration; to provide for an administrative of fice for elections and5 registration; to provide for clerical assistants and other employees for such office; to provide6 for compensation for administrative personnel and members of the board; to authorize joint7 primaries; to authorize contracting with municipal corporations ; to authorize expending8 public funds to distribute election information; to provide for definitions; to provide for9 related matters; to provide for a contingent effective date and automatic repeal; to repeal10 conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 (a) Pursuant to Code Section 21-2-40 of the O.C.G.A., as of July 1, 2025, the Athens-Clarke14 County Board of Elections and Registration shall be reconstituted and reestablished, and such15 board shall have the powers and duties of the election superint endent of Athens-Clarke16 H. B. 852 (SUB) - 1 - 25 LC 47 3706S County relating to the conduct of elections and the powers and duties of the board of17 registrars relating to the registration of voters and absentee balloting procedures.18 (b) The board provided for in subsection (a) of this section s hall be the successor to the19 Athens-Clarke County Board of Elections and Registration, provided for in an Act to create20 the Athens-Clarke County Board of Elections and Registration, a pproved April 5, 1993,21 (Ga. L. 1993, p. 4631), as amended.22 SECTION 2.23 (a) Such board shall be composed of five members, each of whom shall be an elector and24 a resident of Clarke County and who shall be selected in the following manner:25 (1) Two members shall be appointed by the governing authority of Athens-Clarke County26 from nominations made by the county executive committee of the political party whose27 candidates at the last preceding general election held for the election of all members of the28 General Assembly received the largest number of votes in Athens -Clarke County for29 members of the General Assembly;30 (2) Two members shall be appointed by the governing authority of Athens-Clarke County31 from nominations made by the county executive committee of the political party whose32 candidates at the election described in paragraph (1) of this subsection received the second33 largest number of such votes; and34 (3) One member shall be appointed by the governing authority of Athens-Clarke County. 35 Such member shall be nonpartisan and without a political affiliation.36 (b) In the event that the governing authority of Athens-Clarke County does not appoint a37 member within 30 days of receiving nominations pursuant to para graph (1), (2), or (3) of38 subsection (a) of this section, the chief judge of the judicial circuit which includes39 Athens-Clarke County shall appoint such member from said nominations.40 (c) Unless removed from office as provided in this Act, the members of the board shall serve41 terms of office of two years and until their successors are appointed and qualified; provided,42 H. B. 852 (SUB) - 2 - 25 LC 47 3706S however, that the initial memb ers of the boa rd appointed pursua nt to this Act shall serve43 terms of office of one year and until their successors are appointed and qualified.44 SECTION 3.45 (a) Any elector and resident of Clarke County shall be eligible for membership on the board46 except that no person who holds elective public office shall be eligible during the term of47 such elective office and the position of any member shall be de emed vacant upon such48 member's qualifying as a candidate for elective public office.49 (b) Each member of the board shall take substantially the same oath as required by law for50 registrars before entering upon such member's duties. Each mem ber shall have the same51 privileges from arrest provided by law for registrars.52 SECTION 4.53 (a) In the event a vacancy occurs in the office of any appointed member of the board before54 the expiration of such member's term, whether by removal, death, resignation, or otherwise,55 the respective nominating authority shall, within 90 days following such vacancy, nominate56 potential successors for appointment by the governing authority of Athens-Clarke County57 to serve the remainder of the unexpired term. The clerk of the Superior Court of58 Athens-Clarke County shall be notified of any such interim appointments and shall record59 and certify such appointments in the same manner as the regular appointment of members.60 (b) All members shall be subject to removal from the board at any time for cause after notice61 and hearing in the same manner and by the same authority as pro vided for removal of62 registrars.63 (c) The clerk of the superior court shall record each of such certifications on the minutes of64 the court, shall certify the name of each member to the Secretary of State, and shall provide65 for the issuance of appropriate commissions to the members as p rovided by law for66 registrars.67 H. B. 852 (SUB) - 3 - 25 LC 47 3706S SECTION 5.68 (a) The board shall be empowered with all the powers and duties of election superintendents69 relating to the conduct of primaries and elections pursuant to the provisions of Title 21 of the70 O.C.G.A.71 (b) The board shall be empowered with all the powers and duties of the board of registrars72 relating to the registration of voters and absentee balloting p rocedures pursuant to the73 provisions of Title 21 of the O.C.G.A.74 (c) This Act is intended to implement the provisions of subsec tion (b) of Code75 Section 21-2-40 of the O.C.G.A. and shall be construed liberall y so as to effectuate that76 purpose.77 SECTION 6.78 Compensation for members of the board and its employees and cle rical assistants shall be79 fixed by the governing authority of Athens-Clarke County and shall be paid from funds of80 Athens-Clarke County. The governing authority of Athens-Clarke County shall provide the81 board with such proper and suitable offices and with such cleri cal assistants and other82 employees as such governing authority shall deem appropriate.83 SECTION 7.84 The board shall be responsible for the registration of electors of Athens-Clarke County; the85 preparing, equipping, and furnis hing of polling places; the cou nting of all ballots, both86 absentee and those regularly cast; and for the selection, appoi ntment, and training of poll87 workers. Such poll workers may be appointed, insofar as practicable, from a list provided88 to the board by the county executive committee of each political party.89 H. B. 852 (SUB) - 4 - 25 LC 47 3706S SECTION 8.90 (a) The supervisor of elections and registration for Athens-Cl arke County, hereinafter91 referred to as "the supervisor," shall be the chief executive o fficer and shall generally92 supervise, direct, and control the administration of the affairs of the board pursuant to law93 and duly adopted resolutions of the board. The board shall fix and establish, by appropriate94 resolution entered on its minutes, directives governing the exe cution of matters within its95 jurisdiction.96 (b) The supervisor shall not be a member of the board. The supervisor shall be appointed97 and removed by the manager of the Unified Government of Athens- Clarke County in the98 same manner as department heads. The supervisor shall provide daily employee supervision,99 serve as staff support for the board, attend all meetings of the board, carry out the duties of100 voter registration and elections as required by law, and be a f ull-time employee of the101 Unified Government of Athens-Clarke County.102 SECTION 9.103 (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require104 or prohibit the county governing authority or any other public agency to bear any expense105 of conducting primaries not otherwise required by law.106 (b) The board shall have the authority to contract with any mu nicipal corporation located107 within the county for the holding by the board of any primary o r election to be conducted108 within the municipal corporation.109 SECTION 10.110 With the consent of the governing authority, the board shall be authorized to expend public111 funds for the purpose of preparing and distributing material so lely to inform and instruct112 electors of the county adequately with regard to elections. No material distributed by the113 board shall contain or express, in any manner or form, any comm entary or expression of114 H. B. 852 (SUB) - 5 - 25 LC 47 3706S opinion, or request for support, with respect to any political issue or matter of political115 concern.116 SECTION 11.117 (a) The board shall be authorized and empowered to organize it self; elect its officers,118 including its chairperson, from within its own members; determine its procedural rules and119 regulations; adopt bylaws; specify the functions and duties of its employees; and otherwise120 take such action as is appropriate to the management of the aff airs committed to its121 supervision; provided, however, that no such action shall conflict with state law.122 (b) Action and decision by the board shall be by a majority vo te of the members of the123 board.124 SECTION 12.125 (a) The board shall fix and establish by appropriate resolutio n entered on its minutes126 directives governing the execution of matters within its jurisd iction. The board shall hold127 regular monthly meetings at the county courthouse or at the place of meeting of the county128 governing authority.129 (b) All meetings of the board shall be conducted in the manner specified in Chapter 14 of130 Title 50 of the O.C.G.A., relating to open and public meetings.131 SECTION 13.132 The governing authority of the county shall expend public funds to provide the supervisor133 with such proper and suitable administrative offices and with s uch clerical assistants and134 other employees as the governing authority shall deem appropriate in accordance with the135 merit system. Compensation for such administrative personnel s hall be paid by the136 governing authority wholly from county funds.137 H. B. 852 (SUB) - 6 - 25 LC 47 3706S SECTION 14.138 Compensation for board members shall be set by the county governing authority and shall139 be paid by the governing authority wholly from county funds.140 SECTION 15.141 As used in this Act, the terms "election," "elector," "political party," "primary," and "public142 office" shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A.,143 unless otherwise clearly apparent from the text of this Act.144 SECTION 16.145 This Act shall become effective upon its approval by the Governor or upon its becoming law146 without such approval, provided that an Act amending an Act to create the Athens-Clarke147 County Board of Elections and Registration, approved April 5, 1993 (Ga. L. 1993, p. 4631),148 as amended, is enacted in the 2025 session of the General Assembly of Georgia providing149 for the abolition of such board of elections and registration on a date certain; if such abolition150 Act is not so approved, this Act shall not become effective and shall be automatically151 repealed on July 1, 2025.152 SECTION 17.153 All laws and parts of laws in conflict with this Act are repealed.154 H. B. 852 (SUB) - 7 - ## 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. A House bill would reconstitute the Athens-Clarke County Board of Elections and Registration, resetting how its members are appointed, its powers, and its staffing, effective July 1, 2025 if a related repeal bill also passes. ### Plain-language summary Athens-Clarke County currently has a Board of Elections and Registration created by a 1993 local law. This bill would reconstitute and reestablish that board under new terms, making it the legal successor to the 1993 board and giving it the combined powers of an election superintendent and a board of registrars under Title 21 of Georgia's election code (O.C.G.A. Title 21). The bill sets a five member board, two appointed from nominations by each of the county's two leading political parties and one nonpartisan member, all appointed by the county's governing authority for two year terms. It creates a supervisor of elections and registration who runs daily operations but is not a board member, sets rules for vacancies, removal, meetings, and compensation, and allows the board to contract with municipalities and spend public funds on nonpartisan voter education. The Act only takes effect if a separate 2025 bill abolishing the 1993 board is also enacted; otherwise this Act is automatically repealed on July 1, 2025. ### What it does - Reconstitutes and reestablishes the Athens-Clarke County Board of Elections and Registration as the legal successor to the board created by a 1993 local law. - Sets a five member board structure: two members nominated by each of the county's top two political parties and one nonpartisan member, all appointed by the county governing authority for two year terms. - Creates a full time supervisor of elections and registration, appointed and removable by the county manager, who runs daily operations but does not sit on the board. - Gives the board the combined legal powers of an election superintendent and a board of registrars over elections, voter registration, and absentee balloting under Title 21 of the O.C.G.A. - Allows the board to contract with municipalities to run their elections and to spend public funds on nonpartisan voter education materials. - Makes the entire Act contingent on passage of a separate 2025 bill abolishing the 1993 board, with automatic repeal on July 1, 2025 if that companion bill is not enacted. ### Who it affects Athens-Clarke County voters, election officials, and poll workers; the county's two leading political parties, which nominate board members; the Unified Government of Athens-Clarke County, which appoints and funds the board and supervisor; and municipalities within the county that may contract with the board for elections. ### Why it matters The bill would change who controls how elections and voter registration are run in Athens-Clarke County, including how board members are chosen, who oversees daily election operations, and how the board is funded and staffed, directly shaping how local elections are administered. ### Key provisions - Section 1 reconstitutes the board effective July 1, 2025, giving it the combined powers of an election superintendent and board of registrars, as the successor to the 1993 board. - Section 2 sets board composition: two members nominated by each of the top two parties and one nonpartisan member, all appointed by the county governing authority for two year terms (one year for initial members). - Section 4 sets vacancy and removal procedures, requiring nominations for replacements within 90 days and removal only for cause after notice and a hearing. - Section 8 creates a supervisor of elections and registration, appointed and removed by the county manager, who is not a board member and serves as a full time county employee. - Section 9 authorizes the board to contract with municipalities to hold their primaries or elections. - Section 10 allows the board to spend public funds on voter education materials but bars any political commentary or opinion in those materials. - Section 12 requires the board to hold regular monthly meetings and comply with Georgia's open meetings law (O.C.G.A. Chapter 14 of Title 50). - Section 16 makes the Act's effectiveness contingent on passage of a separate 2025 bill abolishing the 1993 board, with automatic repeal on July 1, 2025 otherwise. ## Status - Status: Introduced (2025-03-25) - Last action: House Committee Favorably Reported By Substitute (2025-03-31) - Sponsors: Houston Gaines, Marcus Wiedower, Trey Rhodes - Official page: https://www.legis.ga.gov/legislation/71654 > The history, votes, and amendments (355 characters) are at https://georgiacommons.org/bills/2025-2026/hb852.md?full=1