Bill Text: GA HB1434 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Norcross, City of; mayor and councilmembers elected by plurality; provide
Spectrum: Bipartisan Bill
Status: (Passed) 2010-06-02 - Effective Date [HB1434 Detail]
Download: Georgia-2009-HB1434-Introduced.html
Bill Title: Norcross, City of; mayor and councilmembers elected by plurality; provide
Spectrum: Bipartisan Bill
Status: (Passed) 2010-06-02 - Effective Date [HB1434 Detail]
Download: Georgia-2009-HB1434-Introduced.html
10 LC 38
1117
House
Bill 1434
By:
Representatives Marin of the
96th
and Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Norcross, approved March
28, 1990 (Ga. L. 1990, p. 4934), as amended, so as to provide to provide that
the mayor and councilmembers shall be elected by a plurality; to provide for a
referendum; to provide for submission of this Act for preclearance under the
federal Voting Rights Act of 1965, as amended; to provide for an effective date;
to provide for automatic repeal under certain circumstances; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
To
amend an Act providing a new charter for the City of Norcross, approved March
28, 1990 (Ga. L. 1990, p. 4934), as amended, is amended by revising Section 5.13
as follows:
"SECTION
5.13.
Election by plurality.
Election by plurality.
The
candidate for mayor who received the largest number of votes cast in each
election and the candidates receiving the largest number of votes cast for the
position of councilmember, be it two or three dependent upon the election cycle,
in each election shall be elected for terms of office as provided for in Section
5.11."
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the municipal
election superintendent of the City of Norcross shall call and conduct an
election as provided in this section for the purpose of submitting this Act to
the electors of the City of Norcross for approval or rejection. The municipal
election superintendent shall conduct that election on the Tuesday after the
first Monday in November, 2010, and shall issue the call and conduct that
election as provided by general law. The municipal election superintendent
shall cause the date and purpose of the election to be published once a week for
two weeks immediately preceding the date thereof in the official organ of
Gwinnett County. The ballot shall have written or printed thereon the
words:
"( ) YES
( ) NO
|
Shall
the Act be approved which provides that the mayor and city councilmembers shall
be elected by a plurality?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act, then
Section 1 of this Act shall become of full force and effect immediately. If
Section 1 of this Act is not so approved or if the election is not conducted as
provided in this section, Section 1 of this Act shall not become effective and
this Act shall be automatically repealed on the first day of January immediately
following that election date. The expense of such election shall be borne by
the City of Norcross. It shall be the municipal election superintendent's duty
to certify the result thereof to the Secretary of State.
SECTION
3.
The
governing authority of the City of Norcross shall through its legal counsel
cause this Act to be submitted for preclearance under the federal Voting Rights
Act of 1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
4.
Except
as otherwise provided in Section 2 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.