§ 13. [Call for special election to approve Act.]  


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  • Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gilmer County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gilmer County for approval or rejection. The election superintendent shall conduct this election on the earliest date therefor permissible under O.C.G.A. § 21-2-540 or, if any other Act enacted by [the] General Assembly of Georgia at the regular session in 1995 requires a referendum or special election in Gilmer County in 1995, on the same date as such other referendum or special election. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gilmer County. The ballot shall have written or printed thereon the words:

    "( )

    YES Shall the Act, be approved which removes the current commissioners from office and changes

    ( )

    NO the governing authority of Gilmer County from a five-member board of commissioners to a three-member board of commissioners to be composed of two commissioners and a chairperson to be elected county wide?"

    All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 11 of this Act shall become effective for purposes of the election held pursuant to subsection (d) of Section 2 of this Act on the date the results are certified to the Secretary of State; and Sections 1 through 11 of this Act shall become effective for all purposes immediately following the election of the three-member board of commissioners provided for in this Act. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

    The expense of such election shall be borne by Gilmer County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

(1995 Ga. Laws (Act No. 105), page 3824, § 13)