| 1 | 1 | | 25 LC 47 3127 |
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| 2 | 2 | | Senate Bill 14 |
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| 3 | 3 | | By: Senators Setzler of the 37th, Dixon of the 45th, Albers of the 56th, Still of the 48th and |
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| 4 | 4 | | Kirkpatrick of the 32nd |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
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| 8 | 8 | | 1 |
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| 9 | 9 | | primaries and elections generally, so as to authorize the General Assembly to provide for the2 |
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| 10 | 10 | | nonpartisan election of district attorneys and solicitors-general of state courts; to provide for3 |
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| 11 | 11 | | the qualifying of such offices; to provide for related matters; to repeal conflicting laws; and4 |
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| 12 | 12 | | for other purposes.5 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | 14 | | SECTION 1.7 |
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| 15 | 15 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and8 |
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| 16 | 16 | | elections generally, is amended by revising paragraphs (1) and (2) of subsection (c) of Code9 |
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| 17 | 17 | | Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit,10 |
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| 18 | 18 | | reopening qualifying period, payment of qualifying fee, and pauper's affidavit and qualifying11 |
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| 19 | 19 | | petition for exemption from qualifying fee, as follows:12 |
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| 20 | 20 | | "(1) Each candidate for the office of district attorney when a local Act has been enacted |
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| 21 | 21 | | 13 |
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| 22 | 22 | | for the filling of such office in a nonpartisan election and each candidate for the office of14 |
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| 23 | 23 | | judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme15 |
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| 24 | 24 | | Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan16 |
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| 25 | 25 | | S. B. 14 |
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| 26 | 26 | | - 1 - 25 LC 47 3127 |
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| 27 | 27 | | election ballot shall file a notice of candidacy, giving his or her name, residence address, |
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| 28 | 28 | | 17 |
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| 29 | 29 | | and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on18 |
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| 30 | 30 | | the Monday of the eleventh week immediately prior to the election and no later19 |
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| 31 | 31 | | than 12:00 Noon on the Friday immediately following such Monday, notwithstanding the20 |
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| 32 | 32 | | fact that any such days may be legal holidays;21 |
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| 33 | 33 | | (2) Each candidate for solicitor-general of a state court, |
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| 34 | 34 | | a county judicial office, a local22 |
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| 35 | 35 | | board of education office, or an office of a consolidated government, or the candidate's23 |
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| 36 | 36 | | agent, desiring to have his or her name placed on the nonpartisan election ballot shall file24 |
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| 37 | 37 | | notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the25 |
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| 38 | 38 | | Monday of the eleventh week immediately prior to the election and no later than 12:0026 |
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| 39 | 39 | | Noon on the Friday immediately following such Monday, notwithstanding the fact that27 |
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| 40 | 40 | | any such days may be legal holidays;"28 |
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| 41 | 41 | | SECTION 2.29 |
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| 42 | 42 | | Said chapter is further amended by revising subsection (a) of Code Section 21-2-139, relating30 |
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| 43 | 43 | | to nonpartisan elections authorized and conduct, as follows:31 |
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| 44 | 44 | | "(a) Notwithstanding any other provisions of this chapter to the contrary, the General32 |
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| 45 | 45 | | Assembly may provide by local Act for the election in nonpartisan elections of candidates33 |
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| 46 | 46 | | to fill the office of district attorney, the office of solicitor-general of the state court, county34 |
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| 47 | 47 | | judicial offices, offices of local boards of education, and offices of consolidated35 |
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| 48 | 48 | | governments which are filled by the vote of the electors of said such judicial circuit,36 |
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| 49 | 49 | | county, or political subdivision. Except as otherwise provided in this Code section, the37 |
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| 50 | 50 | | procedures to be employed in such nonpartisan elections shall conform as nearly as38 |
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| 51 | 51 | | practicable to the procedures governing nonpartisan elections as provided in this chapter. 39 |
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| 52 | 52 | | Except as otherwise provided in this Code section, the election procedures established by40 |
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| 53 | 53 | | any existing local law which provides for the nonpartisan election of candidates to fill41 |
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| 54 | 54 | | county offices shall conform to the general procedures governing nonpartisan elections as42 |
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| 55 | 55 | | S. B. 14 |
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| 56 | 56 | | - 2 - 25 LC 47 3127 |
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| 57 | 57 | | provided in this chapter, and such nonpartisan elections shall be conducted in accordance |
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| 58 | 58 | | 43 |
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| 59 | 59 | | with the applicable provisions of this chapter, notwithstanding the provisions of any44 |
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| 60 | 60 | | existing local law. For those offices for which the General Assembly, pursuant to this45 |
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| 61 | 61 | | Code section, provided by local Act for election in nonpartisan primaries and elections,46 |
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| 62 | 62 | | such offices shall no longer require nonpartisan primaries. Such officers shall be elected47 |
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| 63 | 63 | | in nonpartisan elections held and conducted in conjunction with the general primary in48 |
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| 64 | 64 | | even-numbered years in accordance with this chapter without a prior nonpartisan primary. 49 |
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| 65 | 65 | | This Code section shall apply to all nonpartisan elections for members of consolidated50 |
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| 66 | 66 | | governments. All nonpartisan elections for members of consolidated governments shall51 |
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| 67 | 67 | | be governed by the provisions of this Code section and shall be considered county elections52 |
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| 68 | 68 | | and not municipal elections for the purposes of this Code section. Nonpartisan elections53 |
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| 69 | 69 | | for municipal offices shall be conducted on the dates provided in the municipal charter."54 |
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| 70 | 70 | | SECTION 3.55 |
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| 71 | 71 | | All laws and parts of laws in conflict with this Act are repealed.56 |
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| 72 | 72 | | S. B. 14 |
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| 73 | 73 | | - 3 - |
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