Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 21-2-212 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-212 Case Law from Google Scholar Amendments to OCGA 21-2-212

TITLE 21 ELECTIONS

Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.

ARTICLE 6 REGISTRATION OF VOTERS

21-2-212. County registrars; appointment; certification; term of service; vacancies; compensation and expenses of chief registrar, registrars, and other officers and employees; budget estimates.

  1. Except in the case in which a county has a board of elections and registration, the judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint in accordance with this Code section, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of a number of electors equal to twice the number of persons to be appointed and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments when appropriate, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. Except in the case in which the local Act creating a county board of elections and registration specifically provides for the appointment and removal by another authority, such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section.
    1. Except as otherwise provided in this subsection, appointees under this article shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. Their terms shall commence on July 1 and expire on June 30 four years thereafter.
    2. The first new grand jury which convenes in each county in the year 2013 shall submit to the judge the list of names as provided in subsection (a) of this Code section. From this list, the judge shall appoint two registrars to serve two-year terms of office and until their respective successors are appointed and qualified and not more than three registrars to serve four-year terms of office and until their respective successors are appointed and qualified. Thereafter, the first new grand jury which convenes in each county in each odd-numbered year shall submit to the judge a list of names equal to twice the number of registrars whose terms are to expire that year. From this list, the judge shall appoint successors to the registrars whose terms are expiring that year who shall then serve terms of office of four years and until their respective successors are selected and qualified.
    3. Such list of names shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar, as needed, prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. In the event that a registrar holds over beyond the end of the registrar's term of office due to the failure to have a successor timely appointed and qualified, the successor shall be appointed to serve the remainder of the term of office and shall not receive a new four-year term of office.
  3. Reserved.
  4. The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $61.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $48.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $272.00 per month and the other registrars in an amount not less than $242.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds.
  5. If, within 90 days of the end of the term or the creation of a vacancy for a county registrar, an appointment is not made in accordance with subsection (a) of this Code section, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the county governing authority. The county governing authority shall designate one of the registrars as chief registrar, who shall serve as such during such registrar's term of office. Such designation shall likewise be entered on the minutes of such governing authority. It shall be the duty of the county governing authority to certify the appointments and designation to the Secretary of State and the clerk of the superior court within 30 days after such appointments and designation. In certifying such names to the Secretary of State and the clerk of the superior court, the county governing authority shall also list the addresses of the registrars. Such registrars shall serve for the term and in the manner set forth in subsection (a) of this Code section. Any registrar shall have the right to resign at any time by submitting a resignation to the clerk of the superior court. In the event of the death, resignation, or removal of any registrar, such registrar's duties and authority as such shall terminate instantly. Successors shall be appointed as set forth in subsection (a) of this Code section.
  6. The board of registrars of each county shall prepare annually a budget estimate in which it shall set forth an itemized list of its expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and shall submit the same at the time and in the manner and form other county budget estimates are required to be filed.

(Code 1981, §21-2-212, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 1027, § 4; Ga. L. 1996, p. 145, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 902, § 15; Ga. L. 2005, p. 253, § 22/HB 244; Ga. L. 2010, p. 914, § 7/HB 540; Ga. L. 2011, p. 683, § 5/SB 82; Ga. L. 2017, p. 697, § 5/HB 268.)

The 2010 amendment, effective July 1, 2010, in subsection (a), substituted "appoint in accordance with this Code section" for "appoint quadrennially" in the first sentence, substituted "of a number of electors equal to twice the number of persons to be appointed and" for "of ten such electors and" in the second sentence, and inserted "when appropriate" in the third sentence; redesignated former subsection (b) as present paragraphs (b)(1) through (b)(3); substituted "Except as otherwise provided in this subsection, appointees" for "Appointees" at the beginning of paragraph (b)(1); in paragraph (b)(2), substituted "year 2013" for "year 1965, and each four years thereafter", in the first sentence, and added the second through fourth sentences; and, in paragraph (b)(3), in the first sentence, inserted "of names" near the beginning, and ", as needed" near the end.

The 2011 amendment, effective July 1, 2011, in subsection (a), substituted "Except in the case in which a county has a board of elections and registration, the" for "The" at the beginning of the first sentence, and substituted "Except in the case in which the local Act creating a county board of elections and registration specifically provides for the appointment and removal by another authority, such" for "Such" at the beginning of the sixth sentence; and, in subsection (e), in the first sentence, substituted "If, within 90 days of the end of the term or the creation of a vacancy for a county registrar, an appointment is not made in accordance with subsection (a) of this Code section" for "Any other provision of this Code section to the contrary notwithstanding, in any county of this state having a population of more than 600,000 according to the United States decennial census of 1990 or any future such census", in the fifth sentence, inserted "and the clerk of the superior court", in the sixth sentence, inserted "and the clerk of the superior court" and substituted "for the term and in the manner set forth in subsection (a) of this Code section" for "at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority of the county", in the seventh sentence, substituted "the clerk of the superior court" for "such governing authority", in the last sentence, substituted "as set forth in subsection (a) of this Code section" for "by the county governing authority", and deleted the former last three sentences, which read: "Each appointment or change in designation shall be entered on the minutes of such governing authority and certified as provided in this Code section. The first appointments in any such county under this article shall be made in the year 1965, and the persons appointed shall assume office July 1, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registrars."

The 2017 amendment, effective July 1, 2017, substituted "Reserved" for the former provisions of subsection (c), which read: "The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of such governing authority. The municipal governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of such governing authority. Such registrars shall serve at the pleasure of the municipal governing authority, and compensation of the registrars shall be fixed by such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars".

Law reviews.

- For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1933, § 34A-104 and former Code Section 21-2-211 are included in the annotations for this Code section.

Judge's duty is official act.

- The duty devolving upon the judge from the 1895 Political Code, §§ 50, 51 was an official act, and political interest was not sufficient to disqualify a judge from hearing a petition for mandamus against the judge requiring the judge to appoint a bipartisan board of registrars, and a petition for injunction to restrain the registrars appointed by the judge from functioning. Elliott v. Hipp, 134 Ga. 844, 68 S.E. 736, 137 Am. St. R. 272, 20 Ann. Cas. 423 (1910) (decided under the 1895 Political Code).

Resignation and subsequent rescission.

- Trial court could conclude that the resignation of a member of the board of registrars was not effective until it had been accepted by the superior court judge and that the resignation could be rescinded prior to the time it was accepted. Henry County Bd. of Registrars v. Farmer, 213 Ga. App. 522, 444 S.E.2d 877 (1994) (decided under former Code Section21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Election laws can be enforced by penalizing officials involved, without penalizing voters. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Effects of errors of officers and voters distinguished.

- There is a distinction between the errors of officers conducting elections and errors of the voters themselves. In the former case, since the voter has no power over the officer, the officer's blunder will not disenfranchise the voter, unless it is mandatory under the law, whereas the voter may by the voter's own neglect be disenfranchised. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Removal of registrar.

- Findings that voided elections were directly caused by the registrar's failure to follow the law and properly administer the duties of the office were supported by evidence sufficient to warrant the registrar's removal from office for cause. Collier v. Board of Comm'rs, 240 Ga. App. 605, 524 S.E.2d 292 (1999).

Nonresident electors granted right to vote under city ordinance do not have any vested rights to their franchised status which would prevent the General Assembly from enacting a registration law having the effect of invalidating their registration certificates. Parkerson v. Malcolm, 227 Ga. 132, 179 S.E.2d 61 (1971) (decided under former Code 1933, § 34A-104).

Elector not denied right to vote by registrar's negligence.

- An elector will not be deprived of the right to vote merely because of the negligent failure of the registrar to enter the elector's name or address on the registry list, or because the elector was registered by a third person with whom the registrar had left the registrar's books, or because of the failure of the registrar to post a list of the electors, or because the registration was made at a place other than that named by the registrar in the notice. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

The power and duties of registration officers should not be so construed as to make the right to vote by registered voters dependent on a strict observance by such officers of minute directions of this former article, thereby rendering the constitutional right of suffrage liable to be defeated through the ignorance or negligence of the registrars. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Cited in Lewis v. O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, § 34-603 and former Code Section 21-2-211 are included in the annotations for this Code section.

Precedence of local law in selecting registrars.

- Local act creating a county board of elections and registration did not conflict with former § 21-2-212 and it was appropriate to determine by local act the method of selecting the members of the board of elections and registration. 1986 Op. Att'y Gen. No. U86-38 (decided under former Code Section21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Section 15-12-81 advertising provision inapplicable.

- The advertisement provisions of Ga. L. 1958, p. 686, §§ 1 and 2 (see O.C.G.A. § 15-12-81) are not applicable to the recommendations of the grand jury for county registrars. 1960-61 Op. Att'y Gen. p. 209 (decided under Ga. L. 1958, p. 269 and former Code Section21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Declaration of intent not to serve following appointment.

- While electors recommended by the grand jury for the board of registrars for a county may declare their intention not to serve, thereby invalidating the recommendations, their declaration of intent after appointment constitutes a resignation, requiring the superior court judge to appoint successors to serve until the next grand jury convenes. 1973 Op. Att'y Gen. No. U73-31 (decided under former Code 1933, § 34-603 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Political party not required to pay registrars' compensation.

- Former Code 1933, § 34-603 did not require that a political party pay any part of the compensation fixed for the county registrars. 1965-66 Op. Att'y Gen. No. 65-27 (decided under former Code Section 21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Nonfeasance is cause for removal.

- Nonfeasance or any instance where the registrar might not be doing an effective job would be as much a cause for removal from office as malfeasance in office. Op. Att'y Gen. No. 71-168 (decided under former Code 1933, § 34-603 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, §§ 182, 187.

C.J.S.

- 29 C.J.S., Elections, §§ 52, 106, 117.

Cases Citing Georgia Code 21-2-212 From Courtlistener.com

Total Results: 1

Lewis v. O'DAY

Court: Supreme Court of Georgia | Date Filed: 2008-10-06

Citation: 667 S.E.2d 594, 284 Ga. 423, 2008 Fulton County D. Rep. 3150, 2008 Ga. LEXIS 820

Snippet: duties of election superintendent). Compare OCGA § 21-2-212 et seq. (appointment of and duties pertaining