§ 2. [Composition of board of commissioners; chairperson; elections; vacancies.]

(a)

There is established in Gilmer County a board of commissioners, which board shall be the governing authority of said county and shall be composed of a chairperson and two other members to be elected by a majority of the qualified voters of the entire county voting in elections held for that purpose. All such elections shall be held and conducted as provided in O.C.G.A. § 21-2-1 et seq., the "Georgia Election Code."

(b)

The chairperson and other members of said board of commissioners shall have resided within Gilmer County at least one year prior to their election. The chairperson shall be at least 25 years of age prior to his or her election and the other members shall be at least 21 years of age prior to their election.

(c)

For the purposes of electing the chairperson and other members of said board, candidates for chairperson shall offer as candidates for that office, and there shall be two commissioner posts, to be designated Post 1 and Post 2, for the other two commissioners. Candidates for commissioner shall designate the commissioner post for which they are offering. All candidates for chairperson and commissioner may reside anywhere within Gilmer County.

(d)

If legally possible, the first board of commissioners of Gilmer County, as provided in this section, shall be elected at a special election to be held on the Tuesday following the first Monday in November, 1995, and shall take office on the first day of January, 1996. The first commissioners elected for Post 1 and Post 2 shall serve for a term of one year and until their successors are elected and qualified. Their successors shall be elected at the general election in 1996 and shall take office on January 1, 1997, for terms of four years and until their successors are elected and qualified. The first chairperson elected shall serve for a term of five years and until his or her successor is elected and qualified. If not legally possible to hold a special election at this time, then such election shall be held on the next possible date and the first Post 1 and Post 2 commissioners shall take office immediately thereafter for terms to expire on January 1, 1997, and when their successors are elected and qualified. The first chairperson shall also take office after the first legally possible election for a term to expire on January 1, 2001, and when his or her successor is elected and qualified. Thereafter, successors to members shall be elected at the general election immediately preceding the expiration of the members' terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.

(e)

(1)

In the event a vacancy occurs in the office of any member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent of Gilmer County, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy for the unexpired term. Any such special election shall be governed by the provisions of O.C.G.A. § 21-2-1 et seq., the "Georgia Election Code." In the event a vacancy occurs in the office of any member of said board when six months or less remain before the expiration of the term of office, such vacancy shall not be filled, and the remaining members of the board of commissioners shall constitute the governing authority of Gilmer County until a successor is elected at the next general election. In the event all positions on the board of commissioners become vacant for any reason, the judge of the Probate Court of Gilmer County shall serve as the governing authority of Gilmer County until such vacancies are filled by special election or until new members are elected at the general election as provided in this Act.

(2)

In addition to any other events creating a vacancy on the board of commissioners, the office of a member of the board shall be immediately vacated if the member moves his or her residence from Gilmer County.

(1995 Ga. Laws (Act No. 105), page 3824, § 2)