2023 CODE OF GEORGIA
Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76)
Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604)
Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108)
Part 1 - STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-30 — 21-2-45.1)
Subpart 2 - COUNTY BOARD OF ELECTIONS AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-40 — 21-2-40.1)
Section 21-2-40.1 - [Board of elections and registration]

• (a) For the purposes of this Code section, the term "board" shall mean a board of elections and registration created pursuant to this Code section.

• (b)
  • (1) In addition to and notwithstanding any provisions of Code Section 21-2-40 to the contrary, in any county in which the judge of the probate court serves as the election superintendent, and a local Act creating a board of elections or board of elections and registration for such county has not been adopted and taken effect on or before January 1, 2025, the governing authority of such county shall and is directed to create a board of elections and registration pursuant to subsection (b) of this Code section no later than December 15, 2024. Each such board of elections and registration shall assume the duties of the county's election superintendent, shall have the powers and duties of the election superintendent relating to the conduct of primaries and elections, and shall have the powers and duties of a board of registrars relating to the registration of voters and absentee balloting procedures beginning on January 1, 2025.
  • (2)
    • (A) Except as provided for in subparagraph (B) of this paragraph, each board shall be composed of three members, each of whom shall be an elector and resident of the particular county, who shall be appointed by the county governing authority.
    • (B) A county governing authority may adopt an ordinance expanding a board to five members, each of whom shall be an elector and resident of the particular county, who shall be appointed by the county governing authority.
    • (C) The county executive committees of the political parties whose candidates at the last preceding regular general election held for the election of Governor that received the largest and second largest number of votes in this state for Governor may submit a list of recommended appointees to a county governing authority for appointment to a board established pursuant to this Code section; provided, however, that such governing authority is under no obligation to appoint any person listed on such list of recommended appointees.
    • (D) Each board shall select a chairperson from among its members.

• (c)
  • (1) Each member of a board shall serve for a term of four years and until a successor is appointed and qualified, except in the event of resignation or removal as provided for in subsections (d) and (e) of this Code section.
  • (2) Notwithstanding paragraph (1) of this subsection to the contrary, for the initial boards, one member of a three-person board, or two members of a five-person board, shall be appointed to an initial term of two years so as to provide for the staggering of the terms of office of the board members.

• (d) Each member of a board shall be eligible to succeed himself or herself, provided that no member shall serve more than four consecutive terms on a board. Each member shall have the right to resign at any time by submitting written notice of resignation to the governing authority of the county.

• (e) Each member of a board shall be subject to removal from such board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.

• (f) The governing authority of the county shall file with the clerk of the superior court of the county an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Code section. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

• (g) In the event that a vacancy occurs on a board due to removal, death, resignation, or otherwise, except by expiration of term, the county governing authority shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

• (h) Before entering upon his or her duties, each member of a board shall take substantially the same oath as required by law for registrars. Each member of a board shall have the same privileges from arrest as registrars.

• (i) On January 1, 2025, for each county in which a board is established pursuant to this Code section, the previous election superintendent of the county and the board of registrars of such county shall be relieved of all powers and duties to which a board succeeds by the provisions of this Code section; and such election superintendent and board of registrars shall deliver thereafter to the chairperson of a board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.

• (j)
  • (1) Each board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law.
  • (2) Action and decision by a board shall be by a majority of the members of a board.

• (k)
  • (1) Each board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. A board shall hold regular monthly meetings at a time and place to be fixed by resolution of such board. All meetings shall comply with the open meetings laws and open records laws of the State of Georgia.
  • (2) A board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.

• (l) A board is authorized to select and appoint an administrative director, to be known as the election supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county. The election supervisor shall serve at the pleasure of such board.

• (m) A board is authorized to employ such full-time and part-time employees, including a chief clerk, as such board shall deem necessary. The governing authority of the county shall have the right to approve the hiring of any such employee.

• (n) With the consent of the governing authority of the county, a board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and adequately instruct the electors of the county with regard to elections. No material distributed by a board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

• (o) Compensation for the members of a board, employees of such board, and the election supervisor shall be fixed by each board with the approval of the governing authority of the county. Such compensation shall be paid from county funds.

• (p) The governing authority of the county shall provide a board and the election supervisor with proper and suitable offices and equipment.

• (q) Each board is authorized to perform for any municipality located wholly or partially within the county any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law.

• (r)
  • (1) Nothing in this Code section shall affect any board of elections or board of elections and registration established pursuant to a local Act adopted pursuant to Code Section 21-2-40.
  • (2) Nothing in this Code section shall affect or limit the power of the General Assembly to enact local legislation:
    • (A) Amending local laws governing boards of elections or boards of elections and registration established pursuant to Code Section 21-2-40; or
    • (B) Amending the board of a particular county established pursuant to this Code section.

Added by 2024 Ga. Laws 580,§ 5, eff. 5/6/2024 for purposes of creation of boards of elections.