HomeMy WebLinkAboutOrdinances 23-03-530 - 03/06/2023 - Qualifying Period for ElectionsSTATE OF GEORGIA ORDINANCE NO. 3 - D 3 - 5 3U
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COUNTY OF FULTON
AN ORDINANCE OF THE CITY OF MILTON MODIFYING THE QUALIFYING
PERIOD FOR GENERAL ELECTIONS TO CORRESPOND WITH THE TIMING
REQUIREMENTS OF STATE LAW
WHEREAS, Milton, Georgia is a duly formed political subdivision of the State of
Georgia, with all the powers attendant thereto;
WHEREAS, O.C.G.A. § 36-35-3 authorizes municipal corporations to adopt clearly
reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local
government for which no provision has been made by general law and which are not inconsistent
with the Constitution or any charter provision applicable thereto;
WHEREAS, Section 16-26(b) of the Milton Code of Ordinances provides, with respect
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to qualifying for election, the following:
Qualifying period. The qualifying period shall commence no earlier than 8:30 a.m. on the
last Monday in August immediately preceding the general election and shall end no later
than 4:30 p.m. on the following Friday. In special elections, the qualifying period shall
commence no earlier than the date of the call and shall end no later than 25 days prior to
the election.
WHEREAS, that provision is in conflict with State law;
WHEREAS, State law (O.C.G.A. 21-2-132(c)(3)(A)) provides that the qualifying period
for non -partisan general elections commences no earlier than the "third Monday in August....;"
WHEREAS, the City Council desires to change Section 16-26(b) to conform to State
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law.
NOW THEREFORE, BE IT ORDAINED, that the City Council for the City of Milton
hereby modifies Section 16-26(b) of its Code of Ordinances as follows:
IBy striking Section 16-26(b) in its entirety, and replacing with the following:
Qualifying period. The qualifying period for general elections shall commence
not earlier than 8:30 a.m. on that date that is set forth at O.C.G.A. 21-2-
132(c)(3)(A), as may be amended from time to time, and shall end no later than
the following Friday at 4:30 p.m. In special elections, the qualifying period shall
commence no earlier than the date of the call and shall end no later than 25 days
prior to the election.
SO RESOLVED, the public health, safety and welfare demanding it, this day
of , 2023.
Attest:
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Approved:
amison, Mayor