HB1339: HB1339 Columbus, City of; filling vacancies in office of mayor or councilor; revise provisions

26 LC 47 3841 House Bill 1339 By: Representatives Hugley of the 141st, Buckner of the 137th, and Reese of the 140th A BILL TO BE ENTITLED AN ACT To amend an Act providing for a new charter for the county-wide government of Columbus,1 Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amen ded, so as to revise2 provisions for filling vacancies in the office of mayor or coun cilor; to provide for related3 matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 An Act providing for a new charter for the county-wide government of Columbus, Georgia,7 approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, is a mended by revising8 Section 6-201 as follows:9 "Section 6-201.10 Special elections.11 (a) A vacancy in the office of mayor or councilor occurring for any reason shall be filled12 as follows:13 H. B. 1339 - 1 - 26 LC 47 3841 (1) If the vacancy occurs more than 90 days before to the date of a general election14 preceding the general election at which a successor will be elected to a new full term of15 office, then such vacancy shall be filled for the unexpired ter m of office at a special16 election to be held pursuant to O.C.G.A. Code Section 21-2-540;17 (2) If the vacancy occurs 90 days or fewer before the date of a general election at which18 a successor will be elected to a new full term of office, then the remaining members of19 the council shall, by majority vote, select a qualified person to serve for the remainder of20 the unexpired term;21 (3) Any person elected or appointed to fill a vacancy pursuant to this subsection shall22 possess the same qualifications required for election to a full term of office as provided23 by law applicable to the office wherein the vacancy occurred; and24 (4) The election superintendent of Muscogee County shall issue the call for a special25 election to fill a vacancy as required by this subsection. The call for a special election26 shall be issued within 30 days after the existence of a vacancy has been established. A27 special election to fill vacancies shall be held and conducted in accordance with the28 applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia29 Election Code.'30 (b) Notwithstanding any provision of subsection (a) to the con trary, if a vacancy in the31 office of the mayor occurs, the mayor pro tempore shall be acti ng mayor with all the32 powers and duties of that office until a successor is elected a nd qualified, and if the33 vacancy in the office of the mayor occurs 90 days or fewer befo re the date of a general34 election at which a successor will be elected to a new full ter m of office, the mayor pro35 tempore shall succeed to the office of the mayor for the remain der of the term and the36 commission seat of such person shall be filled in accordance with this section."37 SECTION 2.38 All laws and parts of laws in conflict with this Act are repealed.39 H. B. 1339 - 2 -