SB 210: Board of Commissioners of Douglas County; filling of vacancies on the board of commissioners; change provisions
Last action February 20, 2025 · Senate Read and Referred
A Senate bill would rewrite how the Douglas County Board of Commissioners fills vacant seats, adding a formal application process for temporary vacancies and setting clearer rules for permanent ones.
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 Introduced version, the latest LegiScan holds.
In plain language
Douglas County's governing law currently addresses how vacancies on its Board of Commissioners get filled, but this bill rewrites that section entirely. For temporary vacancies, the board would fill the seat by majority vote, but only after the county clerk advertises the opening publicly for two weeks and collects applications. Applicants would be disqualified if they don't meet residency rules, have pending lawsuits against the county, have felony convictions or pending felony indictments, or fail to disclose their political party affiliation (or state they have none). For permanent vacancies, the bill splits the process by how much time is left in the term. If six months or less remain, the chief judge of the Douglas County Superior Court appoints a replacement. If more than six months remain, the seat is filled through a special election under Georgia's election code. The changes would take effect once the Governor signs the bill, or it becomes law without a signature, and would apply to vacancies occurring after that date.
What the bill does
- Creates a formal public application and nomination process for temporary board vacancies, requiring two weeks of advertising by the county clerk.
- Bars people with pending lawsuits against the county, felony convictions, or pending felony indictments from filling a temporary vacancy.
- Requires applicants for temporary vacancies to disclose their political party affiliation or state they have none.
- Directs the chief judge of the Superior Court of Douglas County to appoint a replacement when six months or less remain in a permanent vacancy's term.
- Requires a special election under Georgia's election code (O.C.G.A. Title 21, Chapter 2) when more than six months remain in a permanent vacancy's term.
- Requires anyone appointed or elected to fill a vacancy to meet the same qualifications, take the same oath, and receive the same pay as elected commissioners.
Who it affects
Douglas County residents and voters, current and prospective members of the Board of Commissioners, the county clerk's office, the chief judge of the Superior Court of Douglas County, and anyone seeking to fill a vacant commission seat through application or election.
Why it matters
The bill changes who decides how a vacant county commission seat gets filled and under what public scrutiny. It adds transparency requirements like public advertising and disclosure of political affiliation, and it sets clearer, time-based rules for whether a judge appoints a replacement or voters choose one.
Key provisions
- Section 1 revises Section 6 of the 1952 Act creating the Douglas County Board of Commissioners, as previously amended in 1991.
- Temporary vacancies are filled by majority vote of elected board members after a two-week public advertising and application period run by the county clerk.
- Applicants for temporary vacancies are disqualified for residency non-compliance, pending litigation against the county, felony convictions or pending felony indictments, or failure to certify political affiliation.
- Permanent vacancies with six months or less remaining in the term are filled by appointment from the chief judge of the Superior Court of Douglas County.
- Permanent vacancies with more than six months remaining are filled through a special election under the Georgia Election Code.
- Section 2 makes the Act effective upon the Governor's approval or the bill becoming law without signature, applying to vacancies occurring after that date.
- Section 3 repeals conflicting laws.
From the bill
“Should a vacancy occur upon said board by resignation, removal, death, or otherwise, except by recall as provided by state law, such vacancy shall be filled as follows:”
“In the event that the unexpired term of the vacant position is six months or less, the chief judge of the Superior Court of Douglas County shall appoint a successor to serve for the remainder of such term”
“Has been convicted of a felony or has a pending indictment for a felony”
Status timeline
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Donzella James (D, SD-028)
Topics
- Douglas County government
- local election law
- county commission vacancies
- special elections