SB573: SB573 Primaries and Elections; the nonpartisan election for county officers and district attorneys in certain counties; provide

26 LC 47 4096 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 to1 primaries and elections generally, so as to provide for the non partisan election for county2 officers and district attorneys in certain counties; to provide for the qualifying for such3 offices; to provide a definition; to provide for related matter s; to provide for an effective4 date; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and8 primaries generally, is amended in Code Section 21-2-9, relatin g to date of election for9 office, by revising subsections (a) and (b) as follows:10 "(a) The Governor, Lieutenant Governor, Secretary of State, Att orney General, State11 School Superintendent, Commissioner of Insurance, Commissioner of Agriculture,12 Commissioner of Labor, members of Congress, district attorneys not elected pursuant to13 Code Section 21-2-140, members of the General Assembly, and county officers not elected14 pursuant to Code Section 21-2-139 or 21-2-140 shall be elected in the November election15 next preceding the expiration of the term of office.16 S. B. 573 - 1 - 26 LC 47 4096 (b) Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior17 courts, district attorneys elected pursuant to Code Section 21- 2-140, and county judicial18 officers, offices of local school boards, and nonpartisan offices elected pursuant to Code19 Section 21-2-139 or 21-2-140 shall be elected in the nonpartisan general election next20 preceding the expiration of the term of office."21 SECTION 2.22 Said chapter is further amended by revising paragraph (2) of su bsection (c) of Code23 Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit,24 reopening qualifying period, payment of qualifying fee, and pauper's affidavit and qualifying25 petition for exemption from qualifying fee, as follows:26 "(2) Each candidate for a county judicial office, a local board of education office, or an27 office of a consolidated government, or the candidate's agent, desiring to have his or her28 name placed on the nonpartisan election ballot shall file notice of candidacy in the office29 of the superintendent no earlier than 9:00 A.M. on the Monday o f the eleventh week30 immediately prior to the election and no later than 12:00 Noon on the Friday immediately31 following such Monday, notwithstanding the fact that any such d ays may be legal32 holidays;"33 SECTION 3.34 Said chapter is further amended by adding a new Code section to read as follows:35 "21-2-140.36 (a) As used in this Code section, the term 'medical examiner county' means any county in37 which the governing authority of the county appoints a medical examiner in lieu of an38 elected coroner, regardless of whether such appointment is made p u r s u a n t t o a l o c a l39 constitutional amendment or by general law.40 S. B. 573 - 2 - 26 LC 47 4096 (b) Except as provided for in subsection (c) of this Code sect ion, all candidates to fill41 elected county offices in a medical examiner county shall be el ected in nonpartisan42 elections.43 (c) The provisions of this Code section shall not apply to:44 (1) The office of county sheriff;45 (2) Offices of local boards of education; or46 (3) Offices of county governing authorities established pursua nt to or authorized by a47 local constitutional amendment.48 (d) Notwithstanding any other provision of this chapter to the contrary, all candidates to49 fill the office of district attorney for a judicial circuit com prised solely of a medical50 examiner county shall be elected in nonpartisan elections. All candidates to fill the office51 of district attorney for a judicial circuit comprised solely of a medical examiner county52 shall qualify with the Secretary of State in the same manner as provided for candidates to53 qualify for the office of judge in Code Section 21-2-138.54 (e) Such county officers and district attorneys shall be elected in nonpartisan elections held55 and conducted in conjunction with the general primary in even-n umbered years in56 accordance with this chapter without a prior nonpartisan primar y. Except as otherwise57 provided in this Code section, the procedures employed in such elections shall conform as58 nearly as practicable to the procedures governing nonpartisan elections as provided in this59 chapter. Except as otherwise provided in this Code section, th e election procedures60 established by any existing local law which provides for the partisan election of candidates61 to fill elected county offices shall be repealed and elections for such county offices shall62 be conducted as nonpartisan elections accordance with the appli cable provisions of this63 chapter, notwithstanding the provisions of any existing local law."64 SECTION 4.65 This Act shall become effective on January 1, 2027.66 S. B. 573 - 3 - 26 LC 47 4096 SECTION 5.67 All laws and parts of laws in conflict with this Act are repealed.68 S. B. 573 - 4 -