Georgia 2025-2026 Regular Session

Georgia House Bill HB852 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 47 3706S
2		-	The House Committee on Intragovernmental Coordination - Local Legislation offers the
3		-	following substitute to HB 852:
	1	+	25 LC 47 3685
	2	+	House Bill 852
	3	+	By: Representatives Gaines of the 120
	4	+	th
	5	+	, Wiedower of the 121
	6	+	st
	7	+	, and Rhodes of the 124
	8	+	th
	9	+
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6		-	To reconstitute and reestablish the Athens-Clarke County Board of Elections and1
	12	+	To reconstitute and reestablish the Athens-Clarke County Board of Elections and
	13	+	1
7	14		Registration; to provide for the powers and duties of the board; to provide for the2
8	15		appointment, removal, terms of office, and compensation of its members; to provide for3
9	16		filling of vacancies; to provide for meetings of the board; to provide for a supervisor of4
10	17		elections and registration; to provide for an administrative office for elections and5
11	18		registration; to provide for clerical assistants and other employees for such office; to provide6
12	19		for compensation for administrative personnel and members of the board; to authorize joint7
13	20		primaries; to authorize contracting with municipal corporations; to authorize expending8
14	21		public funds to distribute election information; to provide for definitions; to provide for9
15	22		related matters; to provide for a contingent effective date and automatic repeal; to repeal10
16	23		conflicting laws; and for other purposes.11
17	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
18	25		SECTION 1.13
19	26		(a) Pursuant to Code Section 21-2-40 of the O.C.G.A., as of July 1, 2025, the Athens-Clarke14
20	27		County Board of Elections and Registration shall be reconstituted and reestablished, and such15
21	28		board shall have the powers and duties of the election superintendent of Athens-Clarke16
22		-	H. B. 852 (SUB)
23		-	- 1 - 25 LC 47 3706S
24		-	County relating to the conduct of elections and the powers and duties of the board of17
	29	+	H. B. 852
	30	+	- 1 - 25 LC 47 3685
	31	+	County relating to the conduct of elections and the powers and duties of the board of
	32	+	17
25	33		registrars relating to the registration of voters and absentee balloting procedures.18
26	34		(b) The board provided for in subsection (a) of this section shall be the successor to the19
27	35		Athens-Clarke County Board of Elections and Registration, provided for in an Act to create20
28	36		the Athens-Clarke County Board of Elections and Registration, approved April 5, 1993,21
29	37		(Ga. L. 1993, p. 4631), as amended.22
30	38		SECTION 2.23
31	39		(a) Such board shall be composed of five members, each of whom shall be an elector and24
32	40		a resident of Clarke County and who shall be selected in the following manner:25
33		-	(1) ~~Two members~~ shall be appointed by the governing authority of Athens-Clarke County26
	41	+	(1) One member shall be appointed by the governing authority of Athens-Clarke County26
34	42		from nominations made by the county executive committee of the political party whose27
35	43		candidates at the last preceding general election held for the election of all members of the28
36	44		General Assembly received the largest number of votes in Athens-Clarke County for29
37	45		members of the General Assembly;30
38		-	(2) ~~Two members~~ shall be appointed by the governing authority of Athens-Clarke County31
	46	+	(2) One member shall be appointed by the governing authority of Athens-Clarke County31
39	47		from nominations made by the county executive committee of the political party whose32
40	48		candidates at the election described in paragraph (1) of this subsection received the second33
41	49		largest number of such votes; and34
42		-	(3) One member shall be appointed by the governing authority of Athens-Clarke County. 35
43		-	Such member shall be nonpartisan and without a political affiliation.36
44		-	(b) In the event that the governing authority of Athens-Clarke County does not appoint a37
45		-	member within 30 days of receiving nominations pursuant to paragraph (1), (2), or (3) of38
46		-	subsection (a) of this section, the chief judge of the judicial circuit which includes39
47		-	Athens-Clarke County shall appoint such member from said nominations.40
48		-	(c) Unless removed from office as provided in this Act, the members of the board shall serve41
49		-	terms of office of two years and until their successors are appointed and qualified; provided,42
50		-	H. B. 852 (SUB)
51		-	- 2 - 25 LC 47 3706S
52		-	however, that the initial members of the board appointed pursuant to this Act shall serve43
53		-	terms of office of one year and until their successors are appointed and qualified.44
54		-	SECTION 3.45
55		-	(a) Any elector and resident of Clarke County shall be eligible for membership on the board46
56		-	except that no person who holds elective public office shall be eligible during the term of47
57		-	such elective office and the position of any member shall be deemed vacant upon such48
58		-	member's qualifying as a candidate for elective public office.49
59		-	(b) Each member of the board shall take substantially the same oath as required by law for50
60		-	registrars before entering upon such member's duties. Each member shall have the same51
61		-	privileges from arrest provided by law for registrars.52
62		-	SECTION 4.53
63		-	(a) In the event a vacancy occurs in the office of any appointed member of the board before54
64		-	the expiration of such member's term, whether by removal, death, resignation, or otherwise,55
65		-	the respective nominating authority shall, within 90 days following such vacancy, nominate56
66		-	potential successors for appointment by the governing authority of Athens-Clarke County57
67		-	to serve the remainder of the unexpired term. The clerk of the Superior Court of58
68		-	Athens-Clarke County shall be notified of any such interim appointments and shall record59
69		-	and certify such appointments in the same manner as the regular appointment of members.60
70		-	(b) All members shall be subject to removal from the board at any time for cause after notice61
71		-	and hearing in the same manner and by the same authority as provided for removal of62
72		-	registrars.63
73		-	(c) The clerk of the superior court shall record each of such certifications on the minutes of64
74		-	the court, shall certify the name of each member to the Secretary of State, and shall provide65
75		-	for the issuance of appropriate commissions to the members as provided by law for66
76		-	registrars.67
77		-	H. B. 852 (SUB)
78		-	- 3 - 25 LC 47 3706S
79		-	SECTION 5.68
80		-	(a) The board shall be empowered with all the powers and duties of election superintendents69
81		-	relating to the conduct of primaries and elections pursuant to the provisions of Title 21 of the70
82		-	O.C.G.A.71
83		-	(b) The board shall be empowered with all the powers and duties of the board of registrars72
84		-	relating to the registration of voters and absentee balloting procedures pursuant to the73
85		-	provisions of Title 21 of the O.C.G.A.74
86		-	(c) This Act is intended to implement the provisions of subsection (b) of Code75
87		-	Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that76
88		-	purpose.77
89		-	SECTION 6.78
90		-	Compensation for members of the board and its employees and clerical assistants shall be79
91		-	fixed by the governing authority of Athens-Clarke County and shall be paid from funds of80
92		-	Athens-Clarke County. The governing authority of Athens-Clarke County shall provide the81
93		-	board with such proper and suitable offices and with such clerical assistants and other82
94		-	employees as such governing authority shall deem appropriate.83
95		-	SECTION 7.84
96		-	The board shall be responsible for the registration of electors of Athens-Clarke County; the85
97		-	preparing, equipping, and furnishing of polling places; the counting of all ballots, both86
98		-	absentee and those regularly cast; and for the selection, appointment, and training of poll87
99		-	workers. Such poll workers may be appointed, insofar as practicable, from a list provided88
100		-	to the board by the county executive committee of each political party.89
101		-	H. B. 852 (SUB)
102		-	- 4 - 25 LC 47 3706S
103		-	SECTION 8.90
104		-	(a) The supervisor of elections and registration for Athens-Clarke County, hereinafter91
105		-	referred to as "the supervisor," shall be the chief executive officer and shall generally92
106		-	supervise, direct, and control the administration of the affairs of the board pursuant to law93
107		-	and duly adopted resolutions of the board. The board shall fix and establish, by appropriate94
108		-	resolution entered on its minutes, directives governing the execution of matters within its95
109		-	jurisdiction.96
110		-	(b) The supervisor shall not be a member of the board. The supervisor shall be appointed97
111		-	and removed by the manager of the Unified Government of Athens-Clarke County in the98
112		-	same manner as department heads. The supervisor shall provide daily employee supervision,99
113		-	serve as staff support for the board, attend all meetings of the board, carry out the duties of100
114		-	voter registration and elections as required by law, and be a full-time employee of the101
115		-	Unified Government of Athens-Clarke County.102
116		-	SECTION 9.103
117		-	(a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require104
118		-	or prohibit the county governing authority or any other public agency to bear any expense105
119		-	of conducting primaries not otherwise required by law.106
120		-	(b) The board shall have the authority to contract with any municipal corporation located107
121		-	within the county for the holding by the board of any primary or election to be conducted108
122		-	within the municipal corporation.109
123		-	SECTION 10.110
124		-	With the consent of the governing authority, the board shall be authorized to expend public111
125		-	funds for the purpose of preparing and distributing material solely to inform and instruct112
126		-	electors of the county adequately with regard to elections. No material distributed by the113
127		-	board shall contain or express, in any manner or form, any commentary or expression of114
128		-	H. B. 852 (SUB)
129		-	- 5 - 25 LC 47 3706S
130		-	opinion, or request for support, with respect to any political issue or matter of political115
131		-	concern.116
132		-	SECTION 11.117
133		-	(a) The board shall be authorized and empowered to organize itself; elect its officers,118
134		-	including its chairperson, from within its own members; determine its procedural rules and119
135		-	regulations; adopt bylaws; specify the functions and duties of its employees; and otherwise120
136		-	take such action as is appropriate to the management of the affairs committed to its121
137		-	supervision; provided, however, that no such action shall conflict with state law.122
138		-	(b) Action and decision by the board shall be by a majority vote of the members of the123
139		-	board.124
140		-	SECTION 12.125
141		-	(a) The board shall fix and establish by appropriate resolution entered on its minutes126
142		-	directives governing the execution of matters within its jurisdiction. The board shall hold127
143		-	regular monthly meetings at the county courthouse or at the place of meeting of the county128
144		-	governing authority.129
145		-	(b) All meetings of the board shall be conducted in the manner specified in Chapter 14 of130
146		-	Title 50 of the O.C.G.A., relating to open and public meetings.131
147		-	SECTION 13.132
148		-	The governing authority of the county shall expend public funds to provide the supervisor133
149		-	with such proper and suitable administrative offices and with such clerical assistants and134
150		-	other employees as the governing authority shall deem appropriate in accordance with the135
151		-	merit system. Compensation for such administrative personnel shall be paid by the136
152		-	governing authority wholly from county funds.137
153		-	H. B. 852 (SUB)
154		-	- 6 - 25 LC 47 3706S
155		-	SECTION 14.138
156		-	Compensation for board members shall be set by the county governing authority and shall139
157		-	be paid by the governing authority wholly from county funds.140
158		-	SECTION 15.141
159		-	As used in this Act, the terms "election," "elector," "political party," "primary," and "public142
160		-	office" shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A.,143
161		-	unless otherwise clearly apparent from the text of this Act.144
162		-	SECTION 16.145
163		-	This Act shall become effective upon its approval by the Governor or upon its becoming law146
164		-	without such approval, provided that an Act amending an Act to create the Athens-Clarke147
165		-	County Board of Elections and Registration, approved April 5, 1993 (Ga. L. 1993, p. 4631),148
166		-	as amended, is enacted in the 2025 session of the General Assembly of Georgia providing149
167		-	for the abolition of such board of elections and registration on a date certain; if such abolition150
168		-	Act is not so approved, this Act shall not become effective and shall be automatically151
169		-	repealed on July 1, 2025.152
170		-	SECTION 17.153
171		-	All laws and parts of laws in conflict with this Act are repealed.154
172		-	H. B. 852 (SUB)
173		-	- 7 -
	50	+	(3)(A) Three members shall be appointed by the governing authority of Athens-Clarke35
	51	+	County from lists of nominees compiled by each judge of the judicial circuit which36
	52	+	includes Athens-Clarke County. Each such judge shall nominate two individuals to said37
	53	+	governing authority, and a majority of such governing authority shall appoint board38
	54	+	members nominated by such judges. Such members shall be appointed without regard39
	55	+	to political affiliation.40
	56	+	(B) In the event that such judges do not provide a list of nominees to the board within 4541
	57	+	days of either:42
	58	+	H. B. 852
	59	+	- 2 - 25 LC 47 3685
	60	+	(i) The appointment of members by the governing authority of Athens-Clarke County
	61	+	43
	62	+	pursuant to paragraphs (1) and (2) of subsection (a) of this section at the beginning of44
	63	+	a board term; or45
	64	+	(ii) A vacancy occurring in the office of a member pursuant to this paragraph,46
	65	+	the remaining members of the board shall compile a list of at least three nominees and47
	66	+	submit such list to the governing authority of Athens-Clarke County to appoint a board48
	67	+	member from such list of nominees.49
	68	+	(b) In the event that the governing authority of Athens-Clarke County does not appoint a50
	69	+	member within 30 days of receiving nominations pursuant to paragraph (1), (2), or (3) of51
	70	+	subsection (a) of this section, the chief judge of the judicial circuit which includes52
	71	+	Athens-Clarke County shall appoint such member from said nominations.53
	72	+	(c) Unless removed from office as provided in this Act, the members of the board shall serve54
	73	+	terms of office of two years and until their successors are appointed and qualified; provided,55
	74	+	however, that the initial members of the board appointed pursuant to this Act shall serve56
	75	+	terms of office of one year and until their successors are appointed and qualified.57
	76	+	SECTION 3.58
	77	+	(a) Any elector and resident of Clarke County shall be eligible for membership on the board59
	78	+	except that no person who holds elective public office shall be eligible during the term of60
	79	+	such elective office and the position of any member shall be deemed vacant upon such61
	80	+	member's qualifying as a candidate for elective public office.62
	81	+	(b) Each member of the board shall take substantially the same oath as required by law for63
	82	+	registrars before entering upon such member's duties. Each member shall have the same64
	83	+	privileges from arrest provided by law for registrars.65
	84	+	H. B. 852
	85	+	- 3 - 25 LC 47 3685
	86	+	SECTION 4.
	87	+	66
	88	+	(a) In the event a vacancy occurs in the office of any appointed member of the board before67
	89	+	the expiration of such member's term, whether by removal, death, resignation, or otherwise,68
	90	+	the respective nominating authority shall, within 90 days following such vacancy, nominate69
	91	+	potential successors for appointment by the governing authority of Athens-Clarke County70
	92	+	to serve the remainder of the unexpired term. The clerk of the Superior Court of71
	93	+	Athens-Clarke County shall be notified of any such interim appointments and shall record72
	94	+	and certify such appointments in the same manner as the regular appointment of members.73
	95	+	(b) All members shall be subject to removal from the board at any time for cause after notice74
	96	+	and hearing in the same manner and by the same authority as provided for removal of75
	97	+	registrars.76
	98	+	(c) The clerk of the superior court shall record each of such certifications on the minutes of77
	99	+	the court, shall certify the name of each member to the Secretary of State, and shall provide78
	100	+	for the issuance of appropriate commissions to the members as provided by law for79
	101	+	registrars.80
	102	+	SECTION 5.81
	103	+	(a) The board shall be empowered with all the powers and duties of election superintendents82
	104	+	relating to the conduct of primaries and elections pursuant to the provisions of Title 21 of the83
	105	+	O.C.G.A.84
	106	+	(b) The board shall be empowered with all the powers and duties of the board of registrars85
	107	+	relating to the registration of voters and absentee balloting procedures pursuant to the86
	108	+	provisions of Title 21 of the O.C.G.A.87
	109	+	(c) This Act is intended to implement the provisions of subsection (b) of Code88
	110	+	Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that89
	111	+	purpose.90
	112	+	H. B. 852
	113	+	- 4 - 25 LC 47 3685
	114	+	SECTION 6.
	115	+	91
	116	+	Compensation for members of the board and its employees and clerical assistants shall be92
	117	+	fixed by the governing authority of Athens-Clarke County and shall be paid from funds of93
	118	+	Athens-Clarke County. The governing authority of Athens-Clarke County shall provide the94
	119	+	board with such proper and suitable offices and with such clerical assistants and other95
	120	+	employees as such governing authority shall deem appropriate.96
	121	+	SECTION 7.97
	122	+	The board shall be responsible for the registration of electors of Athens-Clarke County; the98
	123	+	preparing, equipping, and furnishing of polling places; the counting of all ballots, both99
	124	+	absentee and those regularly cast; and for the selection, appointment, and training of poll100
	125	+	workers. Such poll workers may be appointed, insofar as practicable, from a list provided101
	126	+	to the board by the county executive committee of each political party.102
	127	+	SECTION 8.103
	128	+	(a) The supervisor of elections and registration for Athens-Clarke County, hereinafter104
	129	+	referred to as "the supervisor," shall be the chief executive officer and shall generally105
	130	+	supervise, direct, and control the administration of the affairs of the board pursuant to law106
	131	+	and duly adopted resolutions of the board. The board shall fix and establish, by appropriate107
	132	+	resolution entered on its minutes, directives governing the execution of matters within its108
	133	+	jurisdiction.109
	134	+	(b) The supervisor shall not be a member of the board. The supervisor shall be appointed110
	135	+	and removed by the manager of the Unified Government of Athens-Clarke County in the111
	136	+	same manner as department heads. The supervisor shall provide daily employee supervision,112
	137	+	serve as staff support for the board, attend all meetings of the board, carry out the duties of113
	138	+	voter registration and elections as required by law, and be a full-time employee of the114
	139	+	Unified Government of Athens-Clarke County.115
	140	+	H. B. 852
	141	+	- 5 - 25 LC 47 3685
	142	+	SECTION 9.
	143	+	116
	144	+	(a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require117
	145	+	or prohibit the county governing authority or any other public agency to bear any expense118
	146	+	of conducting primaries not otherwise required by law.119
	147	+	(b) The board shall have the authority to contract with any municipal corporation located120
	148	+	within the county for the holding by the board of any primary or election to be conducted121
	149	+	within the municipal corporation.122
	150	+	SECTION 10.123
	151	+	With the consent of the governing authority, the board shall be authorized to expend public124
	152	+	funds for the purpose of preparing and distributing material solely to inform and instruct125
	153	+	electors of the county adequately with regard to elections. No material distributed by the126
	154	+	board shall contain or express, in any manner or form, any commentary or expression of127
	155	+	opinion, or request for support, with respect to any political issue or matter of political128
	156	+	concern.129
	157	+	SECTION 11.130
	158	+	(a) The board shall be authorized and empowered to organize itself; elect its officers,131
	159	+	including its chairperson, from within its own members; determine its procedural rules and132
	160	+	regulations; adopt bylaws; specify the functions and duties of its employees; and otherwise133
	161	+	take such action as is appropriate to the management of the affairs committed to its134
	162	+	supervision; provided, however, that no such action shall conflict with state law.135
	163	+	(b) Action and decision by the board shall be by a majority vote of the members of the136
	164	+	board.137
	165	+	H. B. 852
	166	+	- 6 - 25 LC 47 3685
	167	+	SECTION 12.
	168	+	138
	169	+	(a) The board shall fix and establish by appropriate resolution entered on its minutes139
	170	+	directives governing the execution of matters within its jurisdiction. The board shall hold140
	171	+	regular monthly meetings at the county courthouse or at the place of meeting of the county141
	172	+	governing authority.142
	173	+	(b) All meetings of the board shall be conducted in the manner specified in Chapter 14 of143
	174	+	Title 50 of the O.C.G.A., relating to open and public meetings.144
	175	+	SECTION 13.145
	176	+	The governing authority of the county shall expend public funds to provide the supervisor146
	177	+	with such proper and suitable administrative offices and with such clerical assistants and147
	178	+	other employees as the governing authority shall deem appropriate in accordance with the148
	179	+	merit system. Compensation for such administrative personnel shall be paid by the149
	180	+	governing authority wholly from county funds.150
	181	+	SECTION 14.151
	182	+	Compensation for board members shall be set by the county governing authority and shall152
	183	+	be paid by the governing authority wholly from county funds.153
	184	+	SECTION 15.154
	185	+	As used in this Act, the terms "election," "elector," "political party," "primary," and "public155
	186	+	office" shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A.,156
	187	+	unless otherwise clearly apparent from the text of this Act.157
	188	+	SECTION 16.158
	189	+	This Act shall become effective upon its approval by the Governor or upon its becoming law159
	190	+	without such approval, provided that an Act amending an Act to create the Athens-Clarke160
	191	+	H. B. 852
	192	+	- 7 - 25 LC 47 3685
	193	+	County Board of Elections and Registration, approved April 5, 1993 (Ga. L. 1993, p. 4631),
	194	+	161
	195	+	as amended, is enacted in the 2025 session of the General Assembly of Georgia providing162
	196	+	for the abolition of such board of elections and registration on a date certain; if such abolition163
	197	+	Act is not so approved, this Act shall not become effective and shall be automatically164
	198	+	repealed on July 1, 2025.165
	199	+	SECTION 17.166
	200	+	All laws and parts of laws in conflict with this Act are repealed.167
	201	+	H. B. 852
	202	+	- 8 -