SB469: SB469 Board of Commissioners of Forsyth County; term limits for members; provide

26 LC 47 4199S Senate Bill 469 By: Senators Still of the 48th and Dolezal of the 27th AS PASSED A BILL TO BE ENTITLED AN ACT To amend an Act creating a board of commissioners of Forsyth Co unty, approved1 June 30, 1964 (Ga. L. 1964 Ex. Sess., p. 2225), as amended, so as to provide for term limits;2 to provide for a referendum, effective dates, automatic repeal, mandatory execution of3 election, and judicial remedies regarding failure to comply; to provide for related matters;4 to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 An Act creating a board of commissioners of Forsyth County, app roved June 30, 19648 (Ga. L. 1964 Ex. Sess., p. 2225), as amended, particularly by a n Act approved9 February 17, 2022 (Ga. L. 2022, p. 4666), is amended by adding a new section to read as10 follows:11 "SECTION 2.1.12 No person elected to the board of commissioners after January 1 , 2027, who has been13 elected to and served two full terms of office as a commissione r shall be eligible for14 election to a successive term of office as a commissioner until after the expiration of four15 S. B. 469 - 1 - 26 LC 47 4199S years from the conclusion of his or her last term as a member o f the board of16 commissioners. Any terms served, fully or in part, prior to the effective date of this section17 shall apply to the term limit provided for in this section."18 SECTION 2.19 The election superintendent of Forsyth County shall call and conduct an election as provided20 in this section for the purpose of submitting this Act to the e lectors of Forsyth County for21 approval or rejection. The election superintendent shall condu ct that election on Tuesday22 following the first Monday in November, 2026 and shall issue th e call and conduct that23 election as provided by general law. The election superintende nt 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 official organ of Forsyth County. The ballot shall have written or26 printed thereon the words:27 "( ) YES28 ( ) NO29 Shall the Act be approved which provides a term limit of two consecutive terms upon the members of the Forsyth County Board of Commissioners?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring30 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on31 such question are for approval of the Act, Section 1 of this Act shall become of full force and32 effect on January 1, 2027. If the Act is not so approved or if the election is not conducted33 as provided in this section, Section 1 of this Act shall not become effective, and this Act shall34 be automatically repealed on the 365th calendar day following the election date provided for35 in this section. The expense of such election shall be borne by Forsyth County. It shall be36 the election superintendent's duty to certify the result thereof to the Secretary of State. The37 provisions of this section shall be mandatory upon the election superintendent and are not38 intended as directory. If the election superintendent fails or refuses to comply with this39 section, any elector of Forsyth County may apply for a writ of mandamus to compel the40 election superintendent to perform his or her duties under this section. If the court finds that41 S. B. 469 - 2 - 26 LC 47 4199S the election superintendent has not complied with this section, the court shall fashion42 appropriate relief requiring the election superintendent to call and conduct such election on43 the date required by this section or on the next date authorized for special elections provided44 for in Code Section 21-2-540 of the O.C.G.A.45 SECTION 3.46 Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon47 its approval by the Governor or upon its becoming law without such approval.48 SECTION 4.49 All laws and parts of laws in conflict with this Act are repealed.50 S. B. 469 - 3 -