HB1590: HB1590 Telfair County; county officers; ineligible to hold office under certain conditions; repeal amendment

26 LC 47 3930 House Bill 1590 By: Representative Mathis of the 133rd A BILL TO BE ENTITLED AN ACT To repeal the amendment to the Constitution of Georgia providing that the county officers1 of Telfair County shall be ineligible to hold office under cert ain conditions; to provide for2 legislative intent; to provide for a referendum, effective dates, automatic repeal, mandatory3 execution of election, and judicial remedies regarding failure to comply; to provide for4 related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 The amendment to the Constitution of Georgia providing that the county officers of Telfair8 County shall be ineligible to hold office under certain circumstances, which amendment was9 proposed by 1963 House Resolution No. 102-230, Resolution Act N o. 76 (Ga. L. 1963,10 p. 705) and was continued in force and effect by an Act approve d March 25, 198611 (Ga. L. 1986, p. 4527), is hereby repealed.12 SECTION 2.13 The election superintendent of Telfair County shall call and conduct an election as provided14 in this section for the purpose of submitting this Act to the e lectors of Telfair County for15 H. B. 1590 - 1 - 26 LC 47 3930 approval or rejection. The election superintendent shall condu ct such election on the date16 of the 2026 general election and shall issue the call and condu ct such election as provided17 by general law. The election superintendent shall cause the date and purpose of the election18 to be published once a week for two weeks immediately preceding the date thereof in the19 official organ of Telfair County. The ballot shall have written or printed thereon the words:20 "( ) YES21 ( ) NO 22 23 Shall the Act be approved which repeals the amendment to the Constitution of Georgia that provided for term limits for the county officer s of Telfair County?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring24 to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on25 such question are for approval of the Act, Section 1 of this Act shall become of full force and26 effect immediately. If this Act is not so approved or if the e lection is not conducted as27 provided in this section, Section 1 of this Act shall not become effective, and this Act shall28 be automatically repealed on the 365th calendar day following the election date provided for29 in this section. The expense of such election shall be borne by Telfair County. It shall be30 the election superintendent's duty to certify the result thereof to the Secretary of State. The31 provisions of this section shall be mandatory upon the election superintendent and are not32 intended as directory. If the election superintendent fails or refuses to comply with this33 section, any elector of Telfair County may apply for a writ of mandamus to compel the34 election superintendent to perform his or her duties under this section. If the court finds that35 the election superintendent has not complied with this section, the court shall fashion36 appropriate relief requiring the election superintendent to call and conduct such election on37 the date required by this section or on the next date authorized for special elections provided38 for in Code Section 21-2-540 of the O.C.G.A.39 H. B. 1590 - 2 - 26 LC 47 3930 SECTION 3.40 In repealing this local constitutional amendment, it is the intent of the General Assembly to41 remove the term limits for the county officers of Telfair County who are the sheriff, the clerk42 of superior court, the judge of the probate court, the tax commissioner, the magistrate judge,43 and the coroner. The repeal of this local constitutional amendment shall not affect the term44 limits for the members of the Board of Commissioners of Telfair County who shall remain45 subject to the term limit provisions of Section 20 of an Act ap proved June 3, 200346 (Ga. L. 2003, p. 3992), as amended.47 SECTION 4.48 All laws and parts of laws in conflict with this Act are repealed.49 H. B. 1590 - 3 -