HB1120: HB1120 Union County; governing authority; change from a sole commissioner to a five-member board of commissioners; provide advisory referendum

26 LC 47 3780/AP House Bill 1120 (AS PASSED HOUSE AND SENATE) By: Representative Gunter of the 8th A BILL TO BE ENTITLED AN ACT To provide for an advisory referendum for the purpose of ascertaining whether the electors1 of Union County desire the governing authority of that county t o be changed from a sole2 commissioner to a five-member board of commissioners; to provide for mandatory execution3 of election and judicial remedies regarding failure to comply; to provide for related matters;4 to provide for legislative purposes and findings; to repeal con flicting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 (a) It is the purpose of this Act to provide for an advisory r eferendum for the purpose of9 ascertaining whether the electors of Union County desire the go verning authority of that10 county to be changed from a sole commissioner to a five-member board of commissioners.11 (b) It is found, determined, and declared that the holding of the advisory referendum12 provided for in this Act is:13 (1) In all respects for the benefit of the people of Union County;14 (2) A public purpose; and15 (3) An essential governmental function for which public funds may be expended.16 H. B. 1120 - 1 - 26 LC 47 3780/AP SECTION 2.17 The election superintendent of Union County shall call and conduct an advisory referendum18 election as provided in this section for the purpose of submitting a question to the electors19 of Union County to determine whether a majority of said elector s desire the governing20 authority of that county to be changed from a sole commissioner to a five-member board of21 commissioners. The advisory referendum election shall be held on the Tuesday after the first22 Monday in November, 2026, and the election superintendent shall issue the call and conduct23 that election as provided by general law. The election superintendent shall cause the date and24 purpose of the election to be published once a week for two weeks immediately preceding25 the date thereof in the manner required by law. The ballot sha ll have written or printed26 thereon the words:27 28 ( ) YES29 ( ) NO 30 "ADVISORY REFERENDUM Should the governing authority of Union County be changed from a sole commissioner to a five-member board of commissioners?" All persons desiring to vote for approval of the question shall vote "Yes," and all persons31 desiring to vote for rejection of the question shall vote "No." The expense of such election32 shall be borne by Union County. It shall be the election superintendent's duty to certify the33 result thereof to the Secretary of State. The provisions of th is section shall be mandatory34 upon the election superintendent and are not intended as direct ory. If the election35 superintendent fails or refuses to comply with this section, any elector of Union County may36 apply for a writ of mandamus to compel the election superintend ent to perform his or her37 duties under this section. If the court finds that the election superintendent has not complied38 with this section, the court shall fashion appropriate relief r equiring the election39 superintendent to call and conduct such election on the date required by this section or on the40 next date authorized for special elections provided for in Code Section 21-2-540 of the41 O.C.G.A.42 H. B. 1120 - 2 - 26 LC 47 3780/AP SECTION 3.43 All laws and parts of laws in conflict with this Act are repealed.44 H. B. 1120 - 3 -