HB1091: HB1091 Brantley County; nonbinding advisory referendum for the purpose of ascertaining whether the electors support a perimeter highway bypass around Waycross; provide

26 LC 47 3925 House Bill 1091 By: Representative Corbett of the 174th A BILL TO BE ENTITLED AN ACT To provide for a nonbinding advisory referendum for the purpose of ascertaining whether the1 electors of Brantley County support a perimeter highway bypass around Waycross; to2 provide for legislative purposes and findings; to provide for a referendum; to provide for3 mandatory execution of election and judicial remedies regarding failure to comply; to4 provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 (a) It is the purpose of this Act to provide for a nonbinding advisory referendum for the8 purpose of ascertaining whether the electors of Brantley County support a perimeter highway9 bypass around Waycross.10 (b) It is found, determined, a nd declared tha t the holding of the nonbinding advisory11 referendum provided for in this Act is:12 (1) In all respects for the benefit of the people of Brantley County;13 (2) A public purpose; and14 (3) An essential governmental function for which public funds may be expended.15 H. B. 1091 - 1 - 26 LC 47 3925 SECTION 2.16 The election superintendent of Brantley County shall call and conduct a nonbinding advisory17 referendum election as provided in this section for the purpose of submitting this question18 to the electors of Brantley County to determine whether a majority of said electors support19 a perimeter highway bypass around Waycross. The nonbinding advisory referendum election20 shall be held on the date of the 2026 general primary, and the election superintendent shall21 issue the call and conduct that election as provided by general l a w . T h e e l e c t i o n22 superintendent shall cause the date and purpose of the election to be published once a week23 for two weeks immediately preceding the date thereof in the man ner required by law. The24 ballot shall have written or printed thereon the words:25 26 ( ) YES27 ( ) NO28 "NONBINDING ADVISORY REFERENDUM Do you support a perimeter highway bypass around Waycross?" All persons desiring to vote for approval of the question shall vote "Yes," and all persons29 desiring to vote for rejection of the question shall vote "No." The expense of such election30 shall be borne by Brantley County. It shall be the election su perintendent's duty to certify31 the result thereof to the Secretary of State. The provisions of this section shall be mandatory32 upon the election superintendent and are not intended as direct ory. If the election33 superintendent fails or refuses to comply with this section, any elector of Brantley County34 may apply for a writ of mandamus to compel the election superintendent to perform his or35 her duties under this section. If the court finds that the ele ction superintendent has not36 complied with this section, the court shall fashion appropriate relief requiring the election37 superintendent to call and conduct such election on the date required by this section or on the38 next date authorized for special elections provided for in Code Section 21-2-540 of39 the O.C.G.A.40 H. B. 1091 - 2 - 26 LC 47 3925 SECTION 3.41 All laws and parts of laws in conflict with this Act are repealed. 42 H. B. 1091 - 3 -