25 LC 62 0078/AP
House Bill 608 (AS PASSED HOUSE AND SENATE)
By: Representatives Reese of the 140
th
, Hugley of the 141
st
, Rice of the 139
th
, Buckner of the
137
th
, and Smith of the 138
th
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating the Muscogee County School District, approved
1
February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to revise how vacancies on said2
board are filled; to provide for related matters; to repeal conflicting laws; and for other3
purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
An Act creating the Muscogee County School District, approved February 25, 19497
(Ga. L. 1949, p. 1086), as amended, is amended by revising subsection (g) of Section 5 as8
follows:9
"(g)(1) A vacancy on the board of education occurring for any reason shall be filled as10
follows:11
(A) If the vacancy occurs more than 90 days before to the date of a general election12
preceding the general election at which a successor will be elected to a new full term13
of office, then such vacancy shall be filled for the unexpired term of office at a special14
election to be held on the same date as said general election preceding the general15
election at which a successor will be elected to a new full term of office; and in this16
H. B. 608
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case the remaining members of the board of education shall, by majority vote, select a
17
qualified person to fill the vacancy until the person elected at such special election takes18
office; and19
(B) If the vacancy occurs 90 days or fewer before the date of a general election20
preceding the general election at which a successor will be elected to a new full term21
of office, then the remaining members of the local board of education shall, by majority22
vote, select a qualified person to serve for the remainder of the unexpired term.23
(2) Any person elected or appointed to fill a vacancy pursuant to this subsection shall24
possess the same qualifications required for election to a full term of office as provided25
by law applicable to the office wherein the vacancy occurred. As applied to special26
elections, if the office wherein the vacancy occurred is filled by election of voters within27
a portion of the local school district, then the special election shall be held within that28
portion of the local school district; provided, however, that, if the office wherein the29
vacancy occurred is filled by the voters within the entire school district, then the special30
election shall be held within the entire school district.31
(3) The election superintendent of Muscogee County shall issue the call for a special32
election to fill a vacancy as required by this subsection. The call for a special election33
shall be issued within 30 days after the existence of a vacancy has been established. A34
special election to fill vacancies shall be held and conducted in accordance with the35
applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia36
Election Code.'"37
SECTION 2.38
All laws and parts of laws in conflict with this Act are repealed.39
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