| 1 | 1 | | 25 LC 47 9001 |
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| 2 | 2 | | House Bill 481 |
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| 3 | 3 | | By: Representatives Kelley of the 16 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Leverett of the 123 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , Sainz of the 180 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Smith of the |
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| 10 | 10 | | 18 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Draper of the 90 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | elections and primaries generally, so as to revise provisions related to the dates on which2 |
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| 20 | 20 | | special elections to present questions to the voters can be held; to provide for related matters;3 |
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| 21 | 21 | | to provide for an effective date; to repeal conflicting laws; and for other purposes.4 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | 23 | | SECTION 1.6 |
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| 24 | 24 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7 |
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| 25 | 25 | | primaries generally, is amended in Code Section 21-2-540, relating to conduct and timing8 |
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| 26 | 26 | | of special primaries and special elections generally, by revising subsection (b) and9 |
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| 27 | 27 | | paragraph (2) of subsection (c) as follows:10 |
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| 28 | 28 | | "(b) At least 29 days shall intervene between the call of a special primary and the holding11 |
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| 29 | 29 | | of same, and at least 29 days shall intervene between the call of a special election and the12 |
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| 30 | 30 | | holding of same. The period during which candidates may qualify to run in a special13 |
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| 31 | 31 | | primary or a special election shall remain open for a minimum of two and one-half days. 14 |
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| 32 | 32 | | Special elections to present questions to the voters which are to be held in conjunction with15 |
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| 33 | 33 | | the presidential preference primary, a state-wide general primary, or |
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| 34 | 34 | | state-wide general16 |
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| 35 | 35 | | H. B. 481 |
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| 36 | 36 | | - 1 - 25 LC 47 9001 |
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| 37 | 37 | | election, state-wide special primary, or state-wide special election shall be called at least17 |
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| 38 | 38 | | 90 days prior to the date of such presidential preference primary, state-wide general18 |
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| 39 | 39 | | primary, or state-wide general election, state-wide special primary, or state-wide special19 |
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| 40 | 40 | | election; provided, however, that this requirement shall not apply to special elections to20 |
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| 41 | 41 | | present questions to the voters held on the same date as such presidential preference21 |
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| 42 | 42 | | primary, state-wide general primary, or state-wide general election, state-wide special22 |
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| 43 | 43 | | primary, or state-wide special election but conducted completely separate and apart from23 |
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| 44 | 44 | | such state-wide general primary or state-wide general election using different ballots or24 |
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| 45 | 45 | | voting equipment, facilities, poll workers, and paperwork."25 |
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| 46 | 46 | | "(2) Notwithstanding any other provision of law to the contrary, a special election to26 |
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| 47 | 47 | | present a question to the voters shall be held only on one of the following dates which is27 |
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| 48 | 48 | | at least 29 days after the date of the call for the special election:28 |
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| 49 | 49 | | (A) In odd-numbered years, any such special election shall only be held on the:29 |
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| 50 | 50 | | (i) The third Tuesday in March or on the;30 |
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| 51 | 51 | | (ii) The Tuesday after the first Monday in November; and or31 |
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| 52 | 52 | | (iii) The date of and in conjunction with any state-wide special primary or special32 |
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| 53 | 53 | | election if one is held that year, regardless of whether or not such special primary or33 |
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| 54 | 54 | | special election is held pursuant to the terms of this chapter; provided, however, that34 |
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| 55 | 55 | | the 90 days call provision of subsection (b) of this Code section shall not apply to a35 |
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| 56 | 56 | | special election held pursuant to this division; and36 |
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| 57 | 57 | | (B) In even-numbered years, any such special election shall only be held on:37 |
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| 58 | 58 | | (i) The date of and in conjunction with the presidential preference primary if one is38 |
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| 59 | 59 | | held that year;39 |
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| 60 | 60 | | (ii) The third Tuesday in March; provided, however, that such special election shall40 |
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| 61 | 61 | | occur prior to July 1, 2024, and present a question to the voters on sales and use taxes41 |
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| 62 | 62 | | authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;42 |
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| 63 | 63 | | (iii) The date of the general primary; or43 |
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| 64 | 64 | | H. B. 481 |
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| 65 | 65 | | - 2 - 25 LC 47 9001 |
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| 66 | 66 | | (iv) The Tuesday after the first Monday in November." |
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| 67 | 67 | | 44 |
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| 68 | 68 | | SECTION 2.45 |
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| 69 | 69 | | This Act shall become effective upon its approval by the Governor or upon its becoming law46 |
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| 70 | 70 | | without such approval.47 |
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| 71 | 71 | | SECTION 3.48 |
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| 72 | 72 | | All laws and parts of laws in conflict with this Act are repealed.49 |
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| 73 | 73 | | H. B. 481 |
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| 74 | 74 | | - 3 - |
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