§ 1-2-1. Size, election districts, terms of office, organization, etc.

Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:

"The Board of Education of Henry County shall be composed of five (5) members, to be elected by the voters of their respective districts as hereinafter provided. For the purposes of electing such members, Henry County is hereby divided into five (5) education districts.

"Education district No. 1 shall be composed of militia district #498 (McDonough) and militia district #1477 (Flippen).

"Education district No. 2 shall be composed of militia district #641 (Lowes), militia district #723 (Hampton) and militia district #486 (Sixth).

"Education district No. 3 shall be composed of militia district #775 (Stockbridge), militia district #888 (Shakerag) and militia district #622 (Brushy Knob).

"Education district No. 4 shall be composed of militia district #491 (Loves), militia district #611 (McMullens) and militia district #638 (Beersheba).

"Education district No. 5 shall be composed of militia district #576 (Locust Grove) militia district #489 (Tussahaw) and militia district #767 (Sandy Ridge).

"The Board of Education of Henry County shall be composed of one member from each education district. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers and each member shall be elected by the voters within his district.

"In the event this amendment is ratified, it shall be the duty of the Ordinary of Henry County to issue the call for an election, which call shall be issued at least ten (10) days prior to the date of such election. The ordinary shall set the date for such election for either December 15, 16, 17, 18, 19, or 20, 1958. Such election shall be for the purpose of electing the first members of the Board of Education of Henry County created under this amendment, and it shall be the duty of the ordinary to publish the date of the election and the purpose thereof at least once preceding the date of the election, in the official organ of Henry County. The members elected at such election shall take office January 1, 1959, and shall serve for a term of two (2) years and until their successors are elected and qualified. Future elections shall be held every two (2) years, at the same time as elections for members of the General Assembly from Henry County are held, and the members elected shall take office on the first day of January immediately following their election. All future members shall likewise serve for a term of two (2) years and until their successors are elected and qualified.

"At the first meeting in January, 1959, and at the first meeting in January each two (2) years thereafter, the members of the board shall elect a chairman for the next two (2) years. Any member of the board shall be eligible to succeed himself as chairman.

"In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall elect a person from the education district in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an education district moves his residence from such district, a vacancy shall exist from such district, and shall be filled in the same manner as other vacancies.

"The Board of Education of Henry County in office at the time of the ratification of this amendment is hereby abolished effective at the end of December 31, 1958, and the terms of all members of such board shall expire at that time.

"The compensation of the members of the Board of Education of Henry County shall be fixed by the General Assembly of Georgia in a local act for that purpose.

"The Board of Education of Henry County as provided for herein and the county school superintendent of Henry County shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and county school superintendents, respectively, unless such provisions are in conflict with the provisions of this amendment."

(Ga. Laws 1958, P. 436, Act. No. 77, § 1)

Editor's note

The above amendment was ratified by the electors at the November 4, 1958 election as required by section 2 of the act proposing the amendment. In McRae v. The Board of Education of Henry County, Civ. Action No. C-79-2064A, the United States District Court for the Northern District of Georgia ruled that a 1966 amendment (Ga. Laws 1966, pp. 919—922) to the act compiled above violated the pre-clearance requirements of Section 5 of the Voting Acts Rights Act of 1965 (42 U.S.C. 1973(c)). Finding that the districts as set out in the act compiled above also violated such act, the court entered a redistricting order; such districts are now identical to the districts for the board of commissioners as compiled in Section 2-2-17.