HB1557: HB1557 Fayette County; board of elections; revise composition

26 LC 47 4064/AP House Bill 1557 (AS PASSED HOUSE AND SENATE) By: Representatives Mathiak of the 82 nd, Bonner of the 73 rd, Bazemore of the 69 th, and Jackson of the 68th A BILL TO BE ENTITLED AN ACT To amend an Act to provide for the re-creation of the board of elections for Fayette County,1 approved March 24, 1994 (Ga. L. 1994, p. 3712), so as to revise the composition of the2 board; to revise provisions for appointment of board members; to provide for initial terms;3 to provide for current board members to serve out the terms to which they were appointed;4 to provide for related matters; to provide for an effective date; to repeal conflicting laws; and5 for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act to provide for the re-creation of the board of elections for Fayette County, approved9 March 24, 1994 (Ga. L. 1994, p. 3712), is amended by revising Section 2 as follows:10 "SECTION 2.11 (a) The board of elections shall be composed of five members, each of whom shall be at12 least 21 years of age and an elector of Fayette County and each of whom shall be appointed13 as provided in this section. Except as provided for in subsection (f) of this section, each14 member of the board shall serve terms of four years and until t heir successors are duly15 H. B. 1557 - 1 - 26 LC 47 4064/AP appointed and qualified. Terms of office shall begin on the first day of February following16 the expiration of the immediately preceding term of office.17 (b) Four members shall be appointed by the governing authority of Fayette County from18 nominations as follows:19 (1) Two members shall be appointed from a list of nominees provided by the chairperson20 of the county executive committee of the political party whose candidates at the last21 preceding general election received the largest number of votes in this state for members22 of the General Assembly; and23 (2) Two members shall be appointed from a list of nominees provided by the chairperson24 of the county executive committee of the political party whose candidates at such election25 received the next largest number of votes.26 Each nominee by the political parties shall be made and certified as follows: the member27 shall be nominated by the chairperson and ratified by the county executive committee of28 each of the above designated political parties at least 40 days before the beginning of the29 term of office, or within 40 days after the creation of a vacan cy in the office, and the30 certification of the nomination of each member shall be made by the executive committee31 filing an affidavit with the governing authority. The governing authority shall then certify32 such appointment of the member such governing authority appoint s from such list of33 nominees to the clerk of the superior court as provided in this section.34 (c) The fifth member of the board shall be appointed by the governing authority of Fayette35 County without such individual having been nominated pursuant to subsection (b) of this36 section. The appointment of the fifth member of the board shall be made at least 30 days37 before the beginning of his or her term of office, or within 30 days after the creation of a38 vacancy in the office, and the governing authority shall certif y such appointment to the39 clerk of the superior court as provided in this section no later than 20 days preceding the40 date on which such member is to take office, stating the name a nd residential address of41 H. B. 1557 - 2 - 26 LC 47 4064/AP the person appointed and certifying that such member has been duly selected and appointed42 as provided in this section.43 (d) If the nomination of any such member of the board of elections by the political parties44 is not made as provided in this section, such member shall be appointed forthwith by the45 governing authority of Fayette C ounty and, within f ive days aft er such appointment,46 certified as provided in this Act.47 (e) Those members of the board serving on the effective date of this section shall serve out48 the terms to which they were appointed. The current member sel ected by the governing49 authority of the county shall have his or her successor selecte d as provided for in50 subsection (b) of this section.51 (f) The initial fourth and fifth members of the board appointe d pursuant to this section52 shall be appointed pursuant to subsection (b) of this section with one such member being53 nominated by each respective political party. Such members shall be appointed to initial54 terms ending on January, 31, 2028."55 SECTION 2.56 This Act shall become effective upon its approval by the Governor or upon its becoming law57 without such approval.58 SECTION 3.59 All laws and parts of laws in conflict with this Act are repealed.60 H. B. 1557 - 3 -