25 LC 47 3685
House Bill 852
By: Representatives Gaines of the 120
th
, Wiedower of the 121
st
, and Rhodes of the 124
th
A BILL TO BE ENTITLED
AN ACT
To reconstitute and reestablish the Athens-Clarke County Board of Elections and
1
Registration; to provide for the powers and duties of the board; to provide for the2
appointment, removal, terms of office, and compensation of its members; to provide for3
filling of vacancies; to provide for meetings of the board; to provide for a supervisor of4
elections and registration; to provide for an administrative office for elections and5
registration; to provide for clerical assistants and other employees for such office; to provide6
for compensation for administrative personnel and members of the board; to authorize joint7
primaries; to authorize contracting with municipal corporations; to authorize expending8
public funds to distribute election information; to provide for definitions; to provide for9
related matters; to provide for a contingent effective date and automatic repeal; to repeal10
conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
(a) Pursuant to Code Section 21-2-40 of the O.C.G.A., as of July 1, 2025, the Athens-Clarke14
County Board of Elections and Registration shall be reconstituted and reestablished, and such15
board shall have the powers and duties of the election superintendent of Athens-Clarke16
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County relating to the conduct of elections and the powers and duties of the board of
17
registrars relating to the registration of voters and absentee balloting procedures.18
(b) The board provided for in subsection (a) of this section shall be the successor to the19
Athens-Clarke County Board of Elections and Registration, provided for in an Act to create20
the Athens-Clarke County Board of Elections and Registration, approved April 5, 1993,21
(Ga. L. 1993, p. 4631), as amended.22
SECTION 2.23
(a) Such board shall be composed of five members, each of whom shall be an elector and24
a resident of Clarke County and who shall be selected in the following manner:25
(1) One member shall be appointed by the governing authority of Athens-Clarke County26
from nominations made by the county executive committee of the political party whose27
candidates at the last preceding general election held for the election of all members of the28
General Assembly received the largest number of votes in Athens-Clarke County for29
members of the General Assembly;30
(2) One member shall be appointed by the governing authority of Athens-Clarke County31
from nominations made by the county executive committee of the political party whose32
candidates at the election described in paragraph (1) of this subsection received the second33
largest number of such votes; and34
(3)(A) Three members shall be appointed by the governing authority of Athens-Clarke35
County from lists of nominees compiled by each judge of the judicial circuit which36
includes Athens-Clarke County. Each such judge shall nominate two individuals to said37
governing authority, and a majority of such governing authority shall appoint board38
members nominated by such judges. Such members shall be appointed without regard39
to political affiliation.40
(B) In the event that such judges do not provide a list of nominees to the board within 4541
days of either:42
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(i) The appointment of members by the governing authority of Athens-Clarke County
43
pursuant to paragraphs (1) and (2) of subsection (a) of this section at the beginning of44
a board term; or45
(ii) A vacancy occurring in the office of a member pursuant to this paragraph,46
the remaining members of the board shall compile a list of at least three nominees and47
submit such list to the governing authority of Athens-Clarke County to appoint a board48
member from such list of nominees.49
(b) In the event that the governing authority of Athens-Clarke County does not appoint a50
member within 30 days of receiving nominations pursuant to paragraph (1), (2), or (3) of51
subsection (a) of this section, the chief judge of the judicial circuit which includes52
Athens-Clarke County shall appoint such member from said nominations.53
(c) Unless removed from office as provided in this Act, the members of the board shall serve54
terms of office of two years and until their successors are appointed and qualified; provided,55
however, that the initial members of the board appointed pursuant to this Act shall serve56
terms of office of one year and until their successors are appointed and qualified.57
SECTION 3.58
(a) Any elector and resident of Clarke County shall be eligible for membership on the board59
except that no person who holds elective public office shall be eligible during the term of60
such elective office and the position of any member shall be deemed vacant upon such61
member's qualifying as a candidate for elective public office.62
(b) Each member of the board shall take substantially the same oath as required by law for63
registrars before entering upon such member's duties. Each member shall have the same64
privileges from arrest provided by law for registrars.65
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SECTION 4.
66
(a) In the event a vacancy occurs in the office of any appointed member of the board before67
the expiration of such member's term, whether by removal, death, resignation, or otherwise,68
the respective nominating authority shall, within 90 days following such vacancy, nominate69
potential successors for appointment by the governing authority of Athens-Clarke County70
to serve the remainder of the unexpired term. The clerk of the Superior Court of71
Athens-Clarke County shall be notified of any such interim appointments and shall record72
and certify such appointments in the same manner as the regular appointment of members.73
(b) All members shall be subject to removal from the board at any time for cause after notice74
and hearing in the same manner and by the same authority as provided for removal of75
registrars.76
(c) The clerk of the superior court shall record each of such certifications on the minutes of77
the court, shall certify the name of each member to the Secretary of State, and shall provide78
for the issuance of appropriate commissions to the members as provided by law for79
registrars.80
SECTION 5.81
(a) The board shall be empowered with all the powers and duties of election superintendents82
relating to the conduct of primaries and elections pursuant to the provisions of Title 21 of the83
O.C.G.A.84
(b) The board shall be empowered with all the powers and duties of the board of registrars85
relating to the registration of voters and absentee balloting procedures pursuant to the86
provisions of Title 21 of the O.C.G.A.87
(c) This Act is intended to implement the provisions of subsection (b) of Code88
Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that89
purpose.90
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SECTION 6.
91
Compensation for members of the board and its employees and clerical assistants shall be92
fixed by the governing authority of Athens-Clarke County and shall be paid from funds of93
Athens-Clarke County. The governing authority of Athens-Clarke County shall provide the94
board with such proper and suitable offices and with such clerical assistants and other95
employees as such governing authority shall deem appropriate.96
SECTION 7.97
The board shall be responsible for the registration of electors of Athens-Clarke County; the98
preparing, equipping, and furnishing of polling places; the counting of all ballots, both99
absentee and those regularly cast; and for the selection, appointment, and training of poll100
workers. Such poll workers may be appointed, insofar as practicable, from a list provided101
to the board by the county executive committee of each political party.102
SECTION 8.103
(a) The supervisor of elections and registration for Athens-Clarke County, hereinafter104
referred to as "the supervisor," shall be the chief executive officer and shall generally105
supervise, direct, and control the administration of the affairs of the board pursuant to law106
and duly adopted resolutions of the board. The board shall fix and establish, by appropriate107
resolution entered on its minutes, directives governing the execution of matters within its108
jurisdiction.109
(b) The supervisor shall not be a member of the board. The supervisor shall be appointed110
and removed by the manager of the Unified Government of Athens-Clarke County in the111
same manner as department heads. The supervisor shall provide daily employee supervision,112
serve as staff support for the board, attend all meetings of the board, carry out the duties of113
voter registration and elections as required by law, and be a full-time employee of the114
Unified Government of Athens-Clarke County.115
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SECTION 9.
116
(a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require117
or prohibit the county governing authority or any other public agency to bear any expense118
of conducting primaries not otherwise required by law.119
(b) The board shall have the authority to contract with any municipal corporation located120
within the county for the holding by the board of any primary or election to be conducted121
within the municipal corporation.122
SECTION 10.123
With the consent of the governing authority, the board shall be authorized to expend public124
funds for the purpose of preparing and distributing material solely to inform and instruct125
electors of the county adequately with regard to elections. No material distributed by the126
board shall contain or express, in any manner or form, any commentary or expression of127
opinion, or request for support, with respect to any political issue or matter of political128
concern.129
SECTION 11.130
(a) The board shall be authorized and empowered to organize itself; elect its officers,131
including its chairperson, from within its own members; determine its procedural rules and132
regulations; adopt bylaws; specify the functions and duties of its employees; and otherwise133
take such action as is appropriate to the management of the affairs committed to its134
supervision; provided, however, that no such action shall conflict with state law.135
(b) Action and decision by the board shall be by a majority vote of the members of the136
board.137
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SECTION 12.
138
(a) The board shall fix and establish by appropriate resolution entered on its minutes139
directives governing the execution of matters within its jurisdiction. The board shall hold140
regular monthly meetings at the county courthouse or at the place of meeting of the county141
governing authority.142
(b) All meetings of the board shall be conducted in the manner specified in Chapter 14 of143
Title 50 of the O.C.G.A., relating to open and public meetings.144
SECTION 13.145
The governing authority of the county shall expend public funds to provide the supervisor146
with such proper and suitable administrative offices and with such clerical assistants and147
other employees as the governing authority shall deem appropriate in accordance with the148
merit system. Compensation for such administrative personnel shall be paid by the149
governing authority wholly from county funds.150
SECTION 14.151
Compensation for board members shall be set by the county governing authority and shall152
be paid by the governing authority wholly from county funds.153
SECTION 15.154
As used in this Act, the terms "election," "elector," "political party," "primary," and "public155
office" shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A.,156
unless otherwise clearly apparent from the text of this Act.157
SECTION 16.158
This Act shall become effective upon its approval by the Governor or upon its becoming law159
without such approval, provided that an Act amending an Act to create the Athens-Clarke160
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County Board of Elections and Registration, approved April 5, 1993 (Ga. L. 1993, p. 4631),
161
as amended, is enacted in the 2025 session of the General Assembly of Georgia providing162
for the abolition of such board of elections and registration on a date certain; if such abolition163
Act is not so approved, this Act shall not become effective and shall be automatically164
repealed on July 1, 2025.165
SECTION 17.166
All laws and parts of laws in conflict with this Act are repealed.167
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