HB 355: Doraville, City of; office of councilmember or mayor; filling vacancies; provide

This bill amends Doraville's city charter, originally set by a 1971 state law, to update Section 2.05 on filling vacancies among councilmembers or the mayor. It keeps the existing definitions of what creates a vacancy, such as resignation, death, moving out of the city, missing four consecutive meetings without an approved leave, being declared incompetent, or being convicted of a felony, malfeasance, or election law violations. The new rule changes how a council vacancy gets filled. If less than 12 months remain in the term, the mayor appoints a replacement, subject to approval by a majority of the remaining councilmembers. If more than 12 months remain, the seat is filled through a special election under Georgia's Election Code (O.C.G.A. Title 21, Chapter 2). A vacancy in the mayor's office is always filled by special election, regardless of how much time is left in the term. The bill repeals any conflicting laws.

• Rewrites Section 2.05 of Doraville's city charter to set new procedures for filling council or mayoral vacancies.
• Allows the mayor to appoint a replacement councilmember, with council approval, only when less than 12 months remain in the unexpired term.
• Requires a special election under the Georgia Election Code to fill a council vacancy when more than 12 months remain in the term.
• Requires any vacancy in the mayor's office to be filled by special election, no matter how much time is left in the term.
• Keeps the existing list of events that create a vacancy, including resignation, death, relocation out of the city, extended absence, incompetence, or certain convictions.

Doraville city councilmembers and the mayor, city voters who would participate in any special elections, and DeKalb County election officials who would administer those elections under the Georgia Election Code.

The change determines whether a vacant Doraville council seat is filled quickly by mayoral appointment or through a special election, which takes longer but lets voters choose. It also standardizes that any mayoral vacancy always goes to a special election rather than an appointment.

• Section 1 revises Section 2.05 of Doraville's 1971 charter Act, defining what counts as a vacancy in a council or mayoral seat.
• Subsection (b) sets a 12-month threshold: under 12 months remaining means mayoral appointment with council approval; over 12 months means a special election.
• Subsection (c) requires any mayoral vacancy to be filled by special election regardless of time remaining in the term.
• Special elections must follow the procedures in Georgia's Election Code (O.C.G.A. Title 21, Chapter 2).
• Section 2 repeals any conflicting laws.

1. 2025-05-13Effective Date 2025-05-13
2. 2025-05-13Act 137
3. 2025-05-13House Date Signed by Governor (Cámara de Representantes)
4. 2025-04-07House Sent to Governor (Cámara de Representantes)
5. 2025-03-10Senate Passed/Adopted (Senado)
6. 2025-03-10Senate Committee Favorably Reported (Senado)
7. 2025-02-18Senate Read and Referred (Senado)
8. 2025-02-13House Passed/Adopted (Cámara de Representantes)

• Long Tran (D, HD-080)Patrocinador principal

1. AprobadaVotación: Cámara de Representantes13 de febrero de 2025

   163 a favor, 0 en contra (11 sin votar, 6 ausentes)

   Local Calendar : House Vote #32

2. AprobadaVotación: Senado10 de marzo de 2025

   43 a favor, 1 en contra (3 sin votar, 9 ausentes)

   Local Consent Calendar: Senate Vote #221

• local government
• Doraville city charter
• special elections
• city council vacancies
• DeKalb County