Senate Bill 573
By: Senators Setzler of the 37th, Kirkpatrick of the 32nd, Albers of the 56th, Still of the 48th
and Dixon of the 45th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
primaries and elections generally, so as to provide for the nonpartisan election for county
officers and district attorneys in certain counties; to provide for the qualifying for such
offices; to provide a definition; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and
primaries generally, is amended in Code Section 21-2-9, relating to date of election for
office, by revising subsections (a) and (b) as follows:
"(a) The Governor, Lieutenant Governor, Secretary of State, Attorney General, State
School Superintendent, Commissioner of Insurance, Commissioner of Agriculture,
Commissioner of Labor, members of Congress, district attorneys <ins>not elected pursuant to
Code Section 21-2-140,</ins> members of the General Assembly, and county officers not elected
pursuant to Code Section 21-2-139 <ins>or 21-2-140</ins> shall be elected in the November election
next preceding the expiration of the term of office.
(b) Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior
courts, <ins>district attorneys elected pursuant to Code Section 21-2-140,</ins> and county <del>judicial
</del> officers, offices of local school boards, and nonpartisan offices elected pursuant to Code
Section 21-2-139 <ins>or 21-2-140</ins> shall be elected in the nonpartisan general election next
preceding the expiration of the term of office."
SECTION 2.
Said chapter is further amended by revising paragraph (2) of subsection (c) of Code
Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit,
reopening qualifying period, payment of qualifying fee, and pauper's affidavit and qualifying
petition for exemption from qualifying fee, as follows:
"(2) Each candidate for a county <del>judicial</del> office, a local board of education office, or an
office of a consolidated government, or the candidate's agent, desiring to have his or her
name placed on the nonpartisan election ballot shall file notice of candidacy in the office
of the superintendent no earlier than 9:00 A.M. on the Monday of the eleventh week
immediately prior to the election and no later than 12:00 Noon on the Friday immediately
following such Monday, notwithstanding the fact that any such days may be legal
holidays;"
SECTION 3.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"21-2-140.
(a) As used in this Code section, the term 'medical examiner county' means any county in
which the governing authority of the county appoints a medical examiner in lieu of an
elected coroner, regardless of whether such appointment is made pursuant to a local
constitutional amendment or by general law.
</ins>
<ins>(b) Except as provided for in subsection (c) of this Code section, all candidates to fill
elected county offices in a medical examiner county shall be elected in nonpartisan
elections.
(c) The provisions of this Code section shall not apply to:
(1) The office of county sheriff;
(2) Offices of local boards of education; or
(3) Offices of county governing authorities established pursuant to or authorized by a
local constitutional amendment.
(d) Notwithstanding any other provision of this chapter to the contrary, all candidates to
fill the office of district attorney for a judicial circuit comprised solely of a medical
examiner county shall be elected in nonpartisan elections. All candidates to fill the office
of district attorney for a judicial circuit comprised solely of a medical examiner county
shall qualify with the Secretary of State in the same manner as provided for candidates to
qualify for the office of judge in Code Section 21-2-138.
(e) Such county officers and district attorneys shall be elected in nonpartisan elections held
and conducted in conjunction with the general primary in even-numbered years in
accordance with this chapter without a prior nonpartisan primary. Except as otherwise
provided in this Code section, the procedures employed in such elections shall conform as
nearly as practicable to the procedures governing nonpartisan elections as provided in this
chapter. Except as otherwise provided in this Code section, the election procedures
established by any existing local law which provides for the partisan election of candidates
to fill elected county offices shall be repealed and elections for such county offices shall
be conducted as nonpartisan elections accordance with the applicable provisions of this
chapter, notwithstanding the provisions of any existing local law."
</ins> SECTION 4.
This Act shall become effective on January 1, 2027.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.