And In Other Challenges To Candidacy…

I just posted details on the challenge to Carla Roberts here.  Based on precedent, doesn’t look like an issue.

Jim Galloway covered a “unique” challenge to Brandon Beach yesterday.  A complaint has been filed with the Secretary of State’s office noting Georgia’s resign to run law:

“…the office of any state, county or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election…for another state, county or municipal elective office….”

Beach, the writer points out, was elected to the board that governs the state Department of Transportation by a group of state lawmakers who represent portions of the Sixth Congressional District.

Gallway also gives a strong hint that this too is a non issue:

This has happened before. We’re pretty sure that Steve Gooch, R-Dahlonega, was a DOT board member before he pursued his state Senate seat, and even got a legal opinion on whether he would have to resign one to run for the other.

A friend of the Pundit also tells us via the tipline:

There was a challenge filed with the secretary of state to the candidacy of Clarence Johnson for (Fulton) Superior Court. He owes around $13,000 in federal and state back taxes.

No additional details on that one at this time.  We’ll keep a watch on it and see how it develops.

One comment

  1. Archon says:

    looks to me that the DOT seat might actually be vacant. Here is the relevant code sections clearly he is a public officer, the statute says that the DOT members are elected repeatedly and the statute says the seat is immediately vacated if I am reading these three sections correctly.

    O.C.G.A. § 21-5-3  (2012)
     
    (22) “Public officer” means:

      (A) Every constitutional officer;

      (B) Every elected state official;

      (C) The executive head of every state department or agency, whether elected or appointed;

      (D) Each member of the General Assembly;

      (E) The executive director of each state board, commission, or authority and the members thereof;

      (F) Every elected county official and every elected member of a local board of education; and

      (G) Every elected municipal official.
     

    PARAGRAPH V.  Vacancies created by elected officials qualifying for other office 
The office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying for begins more than 30 days prior to the expiration of such official’s present term of office. The vacancy created in any such office shall be filled as provided by this Constitution or any general or local law. This provision shall not apply to any elected official seeking or holding more than one elective office when the holding of such offices simultaneously is specifically authorized by law.
     
     
    O.C.G.A. § 32-2-20.  Composition of board; qualifications of members; terms of office; manner of selection of members; filling of vacancies; officers; meetings; compensation of members 


   (a) The State Transportation Board shall be composed of one member to be chosen from each congressional district of the state in the manner provided in subsection (b) of this Code section. Each member of the board shall be a resident of the congressional district which he or she represents. In the event any person who is an officer, agent, official, or employee of the state or of any county, municipality, or other political subdivision thereof or who is a member of the General Assembly is appointed or elected as a member of the board, such person must resign as such officer, agent, official, employee, or member prior to taking office as a member of the board.

(b) Each member shall be elected to serve for a term of five years and until his or her successor is duly elected and certified. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district, meeting in caucus at the regular session of the General Assembly immediately preceding the expiration of the term of office of each such board member. Said caucus shall be called at the state capitol by the Speaker of the House of Representatives and the President of the Senate within the first ten days of the convening of the General Assembly in regular session by mailing to the members of the General Assembly who are affected written notice at least four days before the caucus, which notice shall state the time, place, and purpose of said caucus. Within 15 days after each such election, the Speaker of the House and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who, upon receipt thereof, shall immediately issue his or her commission thereon, with the great seal of the state affixed thereto. Any member of the board shall be subject to recall at any time by a majority vote of the legislative caucus that elected the member.

(c) In the event that any vacancy for any cause shall occur in the membership of the board during any regular session of the General Assembly, the remainder of the unexpired term shall be filled by a member elected by a majority vote of those members of the General Assembly whose respective districts are embraced or partly embraced within the congressional district where the vacancy occurred, in the same manner as provided in subsection (b) of this Code section for the election of board members. In the event that any vacancy for any cause shall occur in the membership of the board while the General Assembly is not in session, the remainder of the unexpired term shall be filled by a member elected by a majority vote of those members of the General Assembly whose respective districts are embraced or partly embraced within the congressional district where the vacancy occurred, at a meeting which shall be called by the Speaker of the House of Representatives and the President of the Senate at some convenient location and in the manner provided in subsection (b) of this Code section for the election of board members.

(d) The board shall, by majority vote of those members present and voting at regular sessions, elect from their number a chairman and vice-chairman who shall serve at the pleasure of the board. In like manner, the board shall also elect a secretary, who need not necessarily be a member of the board, and who shall also serve at the pleasure of the board.

(e) The board shall meet in regular session at least one day each month, at least nine of which regular sessions are to be held at the headquarters of the Department of Transportation in Atlanta, and at such other special meetings as may be called by the commissioner, by the chairman, or by a majority of the members of the board upon reasonable written notice to all members of the board. Further, the chairman of the board or the commissioner is authorized from time to time to call meetings of committees of the board which are established by board policy; and to require the attendance of a member or members of the board at places inside or outside the state when, in the opinion of the chairman or the commissioner, the member or members of the board are needed to attend properly to the department’s business. A majority of the board shall constitute a quorum for the transaction of all business including election or removal of the commissioner. Except as otherwise provided in this title, any power of the board may be exercised by a majority vote of those members present at any meeting at which there is a quorum.

(f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. No per diem shall be paid for meetings of the board conducted by conference call. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary.

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