§ 2-2-19. Same—Qualifications, filling vacancies, etc.

(a)

The first members of the board of commissioners of Henry County provided for by Section 2 of this Act shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, for terms of four (4) years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four (4) years and until their successors are elected and qualified. The heretofore existing board of commissioners of Henry County shall stand abolished effective on January 1, 1981, when the board of commissioners elected at the 1980 general election, as provided herein, take office.

(b)

The initial chairman of the board of commissioners provided by Section 2 of this Act shall be elected at the general election in 1992 and shall take office on January 1, 1993, for a term of four (4) years and until his successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four (4) years and until their successors are elected and qualified.

(c)

Vacancies occurring in the membership of the board shall be filled in the following manner:

(1)

If, at the time the vacancy occurs, there are less than three hundred sixty (360) days until the date of the next general election, a qualified successor from the district in which the vacancy occurred shall be elected by the remaining members of the board to serve until the first day of January following the next general election. A qualified successor shall be elected at the next general election to serve for the balance of the unexpired term or for the next term, whichever shall be applicable, and shall take office immediately upon the results of such election being certified by the election superintendent. If the vacancy is in the office of chairperson, the vice chairperson shall serve as chairperson until a successor shall be elected as provided herein and, during such period, the board of commissioners shall be composed of five (5) members.

(2)

If, at the time the vacancy occurs, there are more than three hundred sixty (360) days until the next general election, a qualified successor from the district in which the vacancy occurred shall be elected at a special election called for such purpose. Only the qualified electors of Henry County residing within the commissioner district wherein the vacancy occurred shall be eligible to vote at such election. The election superintendent of Henry County shall call each such election to be held not later than sixty (60) days from the creation of the vacancy. Each such election shall be governed by the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relative to special elections for the filling of vacancies. All persons so elected to fill a vacancy shall serve for the remainder of the unexpired term. If the vacancy is in the office of chairman, the special election provided for herein shall apply to filling such vacancy, except that the qualified electors of Henry County voting on a county-wide basis shall be eligible to vote at said special election.

(Ga. Laws 1974, P. 3680; Act No. 1323, § 3; Ga. Laws 1979, P. 4186, Act No. 3, § 1; Ga. Laws 1987, Act No. 279, § 1; Ga. Laws 1990, P. 5232, Act No. 1180, § 1; Ga. Laws 2011, Act No. 43, § 2)

Editor's note— Ga. Laws, 1980, P. 3009, Act No. 679, proposed an amendment to the above section. Such amendment was subject to approval at referendum and failed to receive such approval.

State constitution references— Terms of county officers, Ga. Const., 1976, Art. IX, Sec. 1, Para. III.