25 LC 47 3161
House Bill 40
By: Representatives Griffin of the 149
th
, Draper of the 90
th
, Mitchell of the 88
th
, Myles of the
126
th
, and Park of the 107
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
elections and primaries generally, so as to provide that the Secretary of State shall serve as2
chairperson of the State Election Board; to provide for related matters; to repeal conflicting3
laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7
primaries generally, is amended by revising Code Section 21-2-30, relating to creation,8
membership, terms of service, vacancies, quorum, bylaws, meetings, and executive director9
of the State Election Board, as follows:10
"21-2-30.11
(a) There is created a state board to be known as the State Election Board, to be composed12
of a
the Secretary of State who shall serve as the board's chairperson elected by the General13
Assembly, an elector to be elected by a majority vote of the Senate of the General14
Assembly at its regular session held in each odd-numbered year, an elector to be elected15
by a majority vote of the House of Representatives of the General Assembly at its regular16
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session held in each odd-numbered year, and a member of each political party to be
17
nominated and appointed in the manner provided in this Code section. No person while18
a member of the General Assembly shall serve as a member of the board.19
(a.1)(1) The chairperson shall be elected by the General Assembly in the following
20
manner: A joint resolution which shall fix a definite time for the nomination and election21
of the chairperson may be introduced in either branch of the General Assembly. Upon22
passage of the resolution by a majority vote of the membership of the Senate and House23
of Representatives, it shall be the duty of the Speaker of the House of Representatives to24
call for the nomination and election of the chairperson at the time specified in the25
resolution, at which time the name of the qualified person receiving a majority vote of the26
membership of the House of Representatives shall be transmitted to the Senate for27
confirmation. Upon the qualified person's receiving a majority vote of the membership28
of the Senate, he or she shall be declared the duly elected chairperson; and the Governor29
shall be notified of his or her election by the Secretary of the Senate. The Governor is30
directed to administer the oath of office to the chairperson and to furnish the chairperson31
with a properly executed commission of office certifying his or her election.32
(2) The chairperson of the board shall be nonpartisan. At no time during his or her33
service as chairperson shall the chairperson actively participate in a political party34
organization or in the campaign of a candidate for public office, nor shall he or she make35
any campaign contributions to a candidate for public office. Furthermore, to qualify for36
appointment as chairperson, in the two years immediately preceding his or her37
appointment, a person shall not have qualified as a partisan candidate for public office,38
participated in a political party organization or the campaign of a partisan candidate for39
public office, or made any campaign contributions to a partisan candidate for public40
office.41
(3) The term of office of the chairperson shall continue until a successor is elected as42
provided in paragraph (1) of this subsection. In the event of a vacancy in the position of43
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chairperson at a time when the General Assembly is not in session, it shall be the duty of44
the Governor and the Governor is empowered and directed to appoint a chairperson45
possessing the qualifications as provided in this subsection who shall serve as chairperson46
until the next regular session of the General Assembly, at which time the nomination and47
election of a chairperson shall be held by the General Assembly as provided in48
paragraph (1) of this subsection.49
(b) A member elected by a house of the General Assembly shall take office on the day50
following the adjournment of the regular session in which elected and shall serve for a term51
of two years and until his or her successor is elected and qualified, unless sooner removed.52
An elected member of the board may be removed at any time by a majority vote of the53
house which elected him or her. In the event a vacancy should occur in the office of such54
a member of the board at a time when the General Assembly is not in session, then the55
President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior56
incumbent of such office was elected by the Senate or appointed by the President of the57
Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector58
to fill the vacancy if the prior incumbent of such office was elected by the House of59
Representatives or appointed by the Speaker of the House of Representatives. A member60
appointed to fill a vacancy may be removed at any time by a majority vote of the house61
whose presiding officer appointed him or her.62
(c) Within 30 days after April 3, 1968, the state executive committee of each political63
party shall nominate a member of its party to serve as a member of the State Election Board64
and, thereupon, the Governor shall appoint such nominee as a member of the board to serve65
for a term of two years from the date of the appointment and until his or her successor is66
elected and qualified, unless sooner removed. Thereafter, such state executive committee67
shall select a nominee for such office on the board within 30 days after a vacancy occurs68
in such office and shall also select a nominee at least 30 days prior to the expiration of the69
term of each incumbent nominated by it; and each such nominee shall be immediately70
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appointed by the Governor as a member of the board to serve for the unexpired term in the
71
case of a vacancy, and for a term of two years in the case of an expired term. Each72
successor, other than one appointed to serve an unexpired term, shall serve for a term of73
two years; and the terms shall run consecutively from the date of the initial gubernatorial74
appointment. No person shall be eligible for nomination by such state executive committee75
unless he or she is an elector and a member in good standing of the political party of the76
committee. Such a member shall cease to serve on the board and his or her office shall be77
abolished if and when his or her political organization shall cease to be a 'political party'78
as defined in Code Section 21-2-2.79
(d) Three voting
members of the board shall constitute a quorum, and no vacancy on the80
board shall impair the right of the quorum to exercise all the powers and perform all the81
duties of the board. The board shall adopt a seal for its use and bylaws for its own82
government and procedure.83
(e) Meetings shall be held whenever necessary for the performance of the duties of the84
board on call of the chairperson or whenever any two of its members so request. Minutes85
shall be kept of all meetings of the board and a record kept of the vote of each member on86
all questions coming before the board. The chairperson shall give to each member of the87
board prior notice of the time and place of each meeting of the board.88
(f) If any member of the board other than the Secretary of State shall qualify as a candidate89
for any public office which is to be voted upon in any primary or election regulated by the90
board, that member's position on the board shall be immediately vacated and such vacancy91
shall be filled in the manner provided for filling other vacancies on the board.92
(g) On and after July 1, 2023, the board shall be a separate and distinct budget unit as93
defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided,94
however, that the board shall be attached for administrative purposes only to the office of95
the Secretary of State as provided for in Code Section 50-4-3. The board shall neither be96
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under the jurisdiction of the Secretary of State nor shall it be considered a division of the
97
office of the Secretary of State.98
(h) The board shall have the power to appoint an executive director who shall be a99
full-time employee of the board. The executive director shall serve at the pleasure of the100
board, and the board shall in its discretion appoint and fix the compensation of the101
executive director. The executive director shall be charged with such duties and powers102
as provided in this Code section or as delegated by the board. The executive director shall103
serve as the secretary of the board ex officio but shall not be a voting member of the board104
or a member for the purposes of constituting a quorum.105
(i) The executive director and other employees of the board shall be reimbursed for travel106
and other expenses incurred in the performance of their duties in the same manner as107
officers and employees of the office of the Secretary of State.108
(j) Venue of any action involving members of the board shall be the county in which is109
found the primary office of the board. Any notice or legal process necessary to be served110
upon the board may be served upon the executive director, but the executive director shall111
not be considered a member of the board in determining the venue of any such action, and112
no court shall have jurisdiction over any such action solely by virtue of the executive113
director residing or maintaining a residence within its jurisdiction.114
(k) The executive director shall:115
(1) Keep all records of the board and its proceedings;116
(2) With the approval of the board, employ and fix the compensation of personnel as117
determined necessary to assist the executive director in his or her duties;118
(3) With the consent of the board, schedule the time and location of all meetings and119
hearings, as well as maintain a schedule of all meetings and hearings available for public120
review;121
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(4) With the approval of the board, enter into such contracts, leases, agreements, or other
122
transactions with any person or agency as are deemed necessary to carry out the123
provisions of this chapter or to provide the services required by the board; and124
(5) On or before the second Tuesday in January of each year, prepare and deliver a125
written annual report to the Governor and the chairpersons of the House and Senate126
Appropriations Committees describing the activities of the board for the previous127
calendar year. Such report shall be made available to any member of the General128
Assembly upon request. The report shall include a summary of all actions taken by the129
board and a financial report of all income and disbursements and staff personnel. The130
Governor may request a preliminary financial report for budgetary purposes prior to the131
executive director delivering the annual report."132
SECTION 2.133
All laws and parts of laws in conflict with this Act are repealed.134
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