Originally created 05/27/05

Mayoral Resignation Procedure



The following is an outline of the procedure upon mayoral resignation from County Attorney Steve Shepard.

Assumes Effective Date:

June 20, 2005

I. Mayor's resignation tendered and accepted through the Governor's Office and the Secretary of State.

A. Mayor pro tem presides.

B. Election of interim mayor.

1. Nominations and voting.

a. Successful candidate with six votes; see II below.

b. No candidate receive six votes; see V below.

II. If interim mayor elected, the interim is sworn in and serves until the special election for mayor.

III. Special election can be either September 20 or November 8, 2005.

IV. Successful candidate at special election serves remainder of unexpired mayoral term (expires in December 31, 2006).

A. Specially elected mayor may stand as candidate in regular mayoral election held in November 2006 for a term beginning January 1, 2007.

B. Above schedule is subject to pre-clearance by the Justice Department. Justice Department must receive the call of the special election before July 21, 2005 because of date set by law on September 20, 2005.

V. No interim mayor selected due to inability to obtain six votes.

A. Mayor pro tem will preside at each meeting until an interim Mayor or appointed successor is elected. (Mayor Pro tem may preside at two meetings of the commission in July 2005 and one meeting (August 2, 2005).)

B. If no selection is made by August 5, 2005, the governor may appoint a mayor to serve until the special election.

VI. The interim mayor can run in the special election in September 2005 or November 2005 and serve the balance of unexpired term and can run in 2006 for a full four-year term commencing January 1, 2007.

VII. Effects on commission if sitting commissioner selected as interim mayor.

VIII. Because of the Georgia Constitution and Augusta code 1-2-9, if a commissioner accepts the appointment of interim mayor he/she must resign seat.

IX. If the sitting commissioner in an odd numbered district is appointed interim Mayor, there is an interim appointment by the commission for the balance of the odd numbered seat's present term. There is no special election.

X. There is a regular election in November 2005 to fill the odd seat beginning January, 2006.

XI. If a commissioner from an even seat is appointed interim mayor, he/she must also resign.

XII. There is a special election in the even numbered seats to fill the balance of the even numbered seat's term. This would be a special election held in September or November 2005. Successful candidate to serve until December 31, 2007.

Note: The interim Mayor need not be a City Commissioner.

POSSIBLE SPECIAL ELECTION INFORMATION

Scheduled Board of Election Meeting Dates

June 12, 2005

July 11, 2005

Special Election held on September 20, 2005

At least 29 days must intervene between the call and the date of the Election 21-2-540 (b). The 29th day is August 22nd.

In the case of a Special Municipal Election, Qualifying can start no earlier than the date of the call and no later than 25 days prior to the election. 21-2-132 (C) Can Start on August 22nd and end by August 26th.

Qualifying must be a minimum of 2 1/2 days. 21-2-540.

The registration deadline for a September 20th Special is August 22nd.

For Justice Department Preclearance, the 60th day is July 21, 2006. The documents would need to be mailed no later than July 14th to allow for Justice Department receipt.

Special Election held on November 8, 2005

At least 29 days must intervene between the call and the date of the Election 21-2-540 (b). The 29th day is October 10th.

If held in conjunction with the General Municipal Election, Qualifying for the Commission and Marshal are set for September 12 - 16, 2005. The call for the Special would need to be issued prior to this qualifying if the period is to be for all offices.

The registration deadline is October 11th since the 10th is Columbus Day.

**NOTE: The call can be anytime prior to the 29th day, but the 29th day is the last day it can be.