25 LC 47 3706S
The House Committee on Intragovernmental Coordination - Local Legislation offers the
following substitute to HB 852:
A BILL TO BE ENTITLED
AN ACT
To reconstitute and reestablish the Athens-Clarke County Board of Elections and1
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 of17
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) Two members 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) Two members 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) One member shall be appointed by the governing authority of Athens-Clarke County. 35
Such member shall be nonpartisan and without a political affiliation.36
(b) In the event that the governing authority of Athens-Clarke County does not appoint a37
member within 30 days of receiving nominations pursuant to paragraph (1), (2), or (3) of38
subsection (a) of this section, the chief judge of the judicial circuit which includes39
Athens-Clarke County shall appoint such member from said nominations.40
(c) Unless removed from office as provided in this Act, the members of the board shall serve41
terms of office of two years and until their successors are appointed and qualified; provided,42
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however, that the initial members of the board appointed pursuant to this Act shall serve43
terms of office of one year and until their successors are appointed and qualified.44
SECTION 3.45
(a) Any elector and resident of Clarke County shall be eligible for membership on the board46
except that no person who holds elective public office shall be eligible during the term of47
such elective office and the position of any member shall be deemed vacant upon such48
member's qualifying as a candidate for elective public office.49
(b) Each member of the board shall take substantially the same oath as required by law for50
registrars before entering upon such member's duties. Each member shall have the same51
privileges from arrest provided by law for registrars.52
SECTION 4.53
(a) In the event a vacancy occurs in the office of any appointed member of the board before54
the expiration of such member's term, whether by removal, death, resignation, or otherwise,55
the respective nominating authority shall, within 90 days following such vacancy, nominate56
potential successors for appointment by the governing authority of Athens-Clarke County57
to serve the remainder of the unexpired term. The clerk of the Superior Court of58
Athens-Clarke County shall be notified of any such interim appointments and shall record59
and certify such appointments in the same manner as the regular appointment of members.60
(b) All members shall be subject to removal from the board at any time for cause after notice61
and hearing in the same manner and by the same authority as provided for removal of62
registrars.63
(c) The clerk of the superior court shall record each of such certifications on the minutes of64
the court, shall certify the name of each member to the Secretary of State, and shall provide65
for the issuance of appropriate commissions to the members as provided by law for66
registrars.67
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SECTION 5.68
(a) The board shall be empowered with all the powers and duties of election superintendents69
relating to the conduct of primaries and elections pursuant to the provisions of Title 21 of the70
O.C.G.A.71
(b) The board shall be empowered with all the powers and duties of the board of registrars72
relating to the registration of voters and absentee balloting procedures pursuant to the73
provisions of Title 21 of the O.C.G.A.74
(c) This Act is intended to implement the provisions of subsection (b) of Code75
Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that76
purpose.77
SECTION 6.78
Compensation for members of the board and its employees and clerical assistants shall be79
fixed by the governing authority of Athens-Clarke County and shall be paid from funds of80
Athens-Clarke County. The governing authority of Athens-Clarke County shall provide the81
board with such proper and suitable offices and with such clerical assistants and other82
employees as such governing authority shall deem appropriate.83
SECTION 7.84
The board shall be responsible for the registration of electors of Athens-Clarke County; the85
preparing, equipping, and furnishing of polling places; the counting of all ballots, both86
absentee and those regularly cast; and for the selection, appointment, and training of poll87
workers. Such poll workers may be appointed, insofar as practicable, from a list provided88
to the board by the county executive committee of each political party.89
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SECTION 8.90
(a) The supervisor of elections and registration for Athens-Clarke County, hereinafter91
referred to as "the supervisor," shall be the chief executive officer and shall generally92
supervise, direct, and control the administration of the affairs of the board pursuant to law93
and duly adopted resolutions of the board. The board shall fix and establish, by appropriate94
resolution entered on its minutes, directives governing the execution of matters within its95
jurisdiction.96
(b) The supervisor shall not be a member of the board. The supervisor shall be appointed97
and removed by the manager of the Unified Government of Athens-Clarke County in the98
same manner as department heads. The supervisor shall provide daily employee supervision,99
serve as staff support for the board, attend all meetings of the board, carry out the duties of100
voter registration and elections as required by law, and be a full-time employee of the101
Unified Government of Athens-Clarke County.102
SECTION 9.103
(a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require104
or prohibit the county governing authority or any other public agency to bear any expense105
of conducting primaries not otherwise required by law.106
(b) The board shall have the authority to contract with any municipal corporation located107
within the county for the holding by the board of any primary or election to be conducted108
within the municipal corporation.109
SECTION 10.110
With the consent of the governing authority, the board shall be authorized to expend public111
funds for the purpose of preparing and distributing material solely to inform and instruct112
electors of the county adequately with regard to elections. No material distributed by the113
board shall contain or express, in any manner or form, any commentary or expression of114
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opinion, or request for support, with respect to any political issue or matter of political115
concern.116
SECTION 11.117
(a) The board shall be authorized and empowered to organize itself; elect its officers,118
including its chairperson, from within its own members; determine its procedural rules and119
regulations; adopt bylaws; specify the functions and duties of its employees; and otherwise120
take such action as is appropriate to the management of the affairs committed to its121
supervision; provided, however, that no such action shall conflict with state law.122
(b) Action and decision by the board shall be by a majority vote of the members of the123
board.124
SECTION 12.125
(a) The board shall fix and establish by appropriate resolution entered on its minutes126
directives governing the execution of matters within its jurisdiction. The board shall hold127
regular monthly meetings at the county courthouse or at the place of meeting of the county128
governing authority.129
(b) All meetings of the board shall be conducted in the manner specified in Chapter 14 of130
Title 50 of the O.C.G.A., relating to open and public meetings.131
SECTION 13.132
The governing authority of the county shall expend public funds to provide the supervisor133
with such proper and suitable administrative offices and with such clerical assistants and134
other employees as the governing authority shall deem appropriate in accordance with the135
merit system. Compensation for such administrative personnel shall be paid by the136
governing authority wholly from county funds.137
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SECTION 14.138
Compensation for board members shall be set by the county governing authority and shall139
be paid by the governing authority wholly from county funds.140
SECTION 15.141
As used in this Act, the terms "election," "elector," "political party," "primary," and "public142
office" shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A.,143
unless otherwise clearly apparent from the text of this Act.144
SECTION 16.145
This Act shall become effective upon its approval by the Governor or upon its becoming law146
without such approval, provided that an Act amending an Act to create the Athens-Clarke147
County Board of Elections and Registration, approved April 5, 1993 (Ga. L. 1993, p. 4631),148
as amended, is enacted in the 2025 session of the General Assembly of Georgia providing149
for the abolition of such board of elections and registration on a date certain; if such abolition150
Act is not so approved, this Act shall not become effective and shall be automatically151
repealed on July 1, 2025.152
SECTION 17.153
All laws and parts of laws in conflict with this Act are repealed.154
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