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2006 Georgia Code - 21-2-4.1
21-2-4.1. (a) Any member of any constitutional or
statutory board or body who: (1) Is in office on January 1 of the year
following the year in which members of Congress are first elected
from Georgia under any congressional redistricting Act; and
(2) Was appointed or otherwise
selected (other than by election by the people) on the basis of
residency within a congressional district shall have his or her eligibility or
ineligibility to continue to serve determined as provided in this
subsection. Such member shall serve out the term for which the
member was appointed and shall represent the congressional district
created by this chapter in which the member resides unless more
members of the board or body than authorized by the applicable
constitutional provision or statute reside within the same
congressional district. In the event any congressional district
created by this chapter has residing therein more members of any
such board or body than the number of members specified by the
applicable constitutional provision or statute, the appointing
authority shall designate which member or members representing the
congressional district shall continue to serve as a member or
members of the board or body. Any member not designated for
continued membership shall cease to hold office as of the date of
such designation by the appointing authority. If a congressional
district created by this chapter is not represented on a board or
body as specified by the applicable constitutional provision or
statute, a vacancy shall exist. Such vacancy shall be filled by the
appointing authority appointing to the board or body a member or
members from the congressional district which does not have
sufficient representation. In the case of an appointment to fill a
vacancy created by the displacement of a member from a
congressional district on the basis of residency, the initial
appointment shall be for a term ending on the date on which the
term of the member removed by the appointing authority in
accordance with the foregoing requirement would have ended. The
initial term of all other appointments to fill a vacancy as
provided for in this Code section shall be set by the appointing
authority in accordance with the schedule of expiration dates
established by law for the terms of members of the board or
body. (b) The same rules
provided for in subsection (a) of this Code section shall be
applied insofar as may be practicable in the event a court of
competent jurisdiction enters an order changing the composition of
Georgia´s congressional districts. In such event, such rules
shall be applied as of January 1 of the year following the year in
which members of Congress are first elected from Georgia under such
court order. If such a court order is stayed, the application of
this subsection shall likewise be stayed. If such a court order is
subject to appeal but is not stayed and congressional elections are
held under such court order, the application of this subsection
likewise shall not be stayed.
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