Rule 600-9-1-.04 - Election Procedures and Requirements(1) General Information (a) The Rules, which are subject to approval by the United States Justice Department, establish detailed guidelines for conducting elections for Soil and Water Conservation District Supervisors. Beginning in 2007, a cycle of elections will be established on the Tuesday after the first Monday in November of each even numbered year for supervisors whose election terms expire on December 31st of that year. Details of election procedures are set forth herein.(b) All correspondence should be directed to: Georgia Soil and Water Conservation Commission
4310 Lexington Road
P.O. Box 8024
Athens, Georgia 30603
ATTN: Acting Executive Director
(2) Specific Regulations governing the conduct of elections. (a) Timing of elections: i. The Commission hereby establishes the Tuesday after the first Monday in November 2008 as the election date for district supervisors whose terms expire on December 31, 2008.ii. Thereafter, elections will be held on the Tuesday after the first Monday in November of each even numbered year for district supervisors whose terms expire on December 31st of that year.(b) Notice of Elections i. The Commission shall provide due notice of each election as such is defined in Rule 600-9-1-.03.ii. The Commission shall monitor the expiration dates of district supervisor terms and shall provide notice to the district chairman and the regional representative (or other appropriate Commission designated representative) who shall notify the district supervisor whose term is to expire during the period covered by the next scheduled election. Such district supervisor shall be provided notice of the upcoming expiration of his or her term no later than 30 days prior to the beginning of the applicable general election qualifying period;iii. The Commission shall also post notice of elections on its internet website no later than 30 days prior to the beginning of the next general election qualifying period;(c) Conduct of Elections The Commission may enter into an agreement or other arrangement with an election superintendent to conduct an election of district supervisors in each county, as far as is practicable, in the manner of any other nonpartisan election in accordance with Title 21 of the Georgia Election Code. The Commission reserves the right to conduct any election in any county through the Commission's staff in the event the Commission determines such is warranted. The Commission may enlist the election superintendent to handle the details of each election in each county, including but not limited to, procedures for the election superintendents to verify petitions of nomination, verify voter eligibility, carry out absentee and write-in balloting, handle vote tabulation and certification of election results, and handle any grievances claimed by candidates.
(d) Nomination of Candidates i. Any person seeking nomination to be elected as district supervisor shall be a qualified voter in the county in which he/she is seeking nomination and shall provide to the applicable Election Superintendent, as agent for the Commission, a petition containing the names of not less than twenty-five (25) qualified electors. Such petition must be physically received by the applicable Election Superintendent in his/her office by the deadline for the general election qualifying period.ii. The Commission shall notify each person nominated for election as soon as practicable following verification of the nominee's petition by the Election Superintendent.(e) Ballots and Tabulation of Ballots i. Candidates shall be listed on the ballot alphabetically by their surnames, and the incumbent, if applicable, shall be identified.ii. The ballots for each county shall contain only the nominees from that county and the electors of each county shall be eligible to vote only for the nominees in their particular county. The names of all nominees within the county, who have qualified during the general election qualifying period, shall appear upon the ballots arranged in alphabetical order of their surnames.iii. The nominee(s) receiving the highest number of votes shall be declared the duly elected district supervisor(s) from that county.iv. In the event of a tie in vote tabulation, there shall be a special run-off election held four (4) weeks from the date of the initial election, consistent with the election guidelines set forth in these Rules.v. The election superintendent shall send certified election results to the Commission as soon as practicable following the election.(f) Absentee Ballots and Write-in Candidates Absentee balloting and write-in candidates shall be permitted in accordance with Title 21 of the Georgia Election Code.
(g) Additional Provisions i.Posting of Elected Supervisor Positions. Within a reasonable time after adoption of these rules and following each election, the Commission shall post a list of all elected supervisor positions, expiration dates and incumbents by district on the Commission's website. The Commission shall also post a printable copy of the candidate nomination form on the Commission's website.ii.Computation of Time. Unless otherwise stated in a specific Code section of this chapter, time periods under this chapter include Saturdays, Sundays, and legal holidays. When the last day for the exercise of any privilege or the discharge of any duty prescribed or required by this chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty.(h) Approval The effectiveness of these rules shall be contingent upon the approval by the United States Department of Justice. In the event one or more provisions of these Rules are disallowed by the United States Department of Justice, the remaining Rules shall nevertheless become effective as approved by the United States Department of Justice.
(3) Repeal of Conflicting Rules Any Rule or Regulation of the Commission which is in any way inconsistent with the provisions of these Rules set forth in Chapter 600-9 is hereby repealed and rescinded.
(4) Liability Risk Management - The Conservation Commission designates the Georgia Department of Administrative Services as its risk management agent for purposes of these Rules.
Ga. Comp. R. & Regs. R. 600-9-1-.04
O.C.G.A. Secs. 2-6-23, 2-6-27, 2-6-29 to 2-6-31.
Original Rule entitled "Election Procedures and Requirements" adopted. F. Aug. 29, 2005; eff. Sept. 18, 2005.Repealed: New Rule of same title adopted. F. July 4, 2007; eff. August 13, 2007.