Subject 600-9-1 PROCEDURES AND REQUIREMENTS FOR ELECTION OF SOIL AND WATER CONSERVATION DISTRICT SUPERVISORS
The State Soil and Water Conservation Commission (the "Conservation Commission") was created under the Soil and Water Conservation Districts Law, O.C.G.A. § 2-6-20, et seq. The Conservation Commission was created to serve as the Governor's arm in carrying out the administrative functions necessary for the operation of the Soil and Water Conservation Districts program. O.C.G.A. § 2-6-23(d)authorized the Conservation Commission to promulgate rules and regulations as may be necessary for the execution of its functions. The Conservation Commission is authorized under O.C.G.A. § 2-6-27 to receive gifts, appropriations, materials, equipment, land and facilities and to manage and disperse same in support of soil and water conservation activities, and to assist, support and coordinate the activities of district supervisors in carrying out their powers and programs. O.C.G.A. § 2-6-27(8)authorizes the Commission to enter into contracts and agreements with the districts, municipalities, and counties of this state, other agencies of this state, the United States and any agencies thereof, any association, any landowner or land occupier, or any person in order to carry out the purposes of this article. O.C.G.A. §§ 2-6-29, 2-6-30 and 2-6-31 established the guidelines pursuant to which the Commission is to facilitate the election of district supervisors, while O.C.G.A. § 2-6-30(c)specifically provides that the Commission shall pay the costs of such elections, shall supervise the conduct thereof, should prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof.
The purpose of the Rules is to formally adopt, as part of the Commission Rules, procedures and requirements for election of district supervisors consistent with O.C.G.A. §§ 2-6-23, 2-6-27, 2-6-29, 2-6-30 and 2-6-31. Current law sets forth the general parameters governing the Commission's supervisory capacity for the election process for district supervisors and directs the Commission to establish specific regulations.
As used in these Rules, the term:
|(a)||"Ballot" means any voting method as authorized by law and agreed upon by the Election Superintendent and the Commission.|
|(b)||"Commission" or "State Soil and Water Conservation Commission" means the agency created in Code Section 2-6-23.|
|(c)||"District" or "soil and water conservation district" means an agency of this State organized in accordance with O.C.G.A. § 2-6-20et seq, with the powers, and subject to the restrictions set forth in O.C.G.A. § 2-6-20et seq.|
"Due notice" means notice published at least twice, with an interval of at
least seven days between the two publication dates, in a newspaper or other
publication of general circulation within the appropriate area or, if no such
publication of general circulation is available, notice given by posting at a
reasonable number of conspicuous places within the appropriate area, including,
where possible, public places where it is customary to post notices concerning
county or municipal affairs generally. For purposes of Commission Rule
600-9-1-.04, notices of elections for supervisors shall be provided such that:
|(e)||"Qualified elector" means any person qualified to vote in elections by the people under the Constitution of this state.|
|(f)||"Supervisor" means one of the members of the governing body of the soil and water conservation district, elected or appointed in accordance with this article|
|(g)||"Precinct" means the room provided in each precinct for voting at a primary or election.|
|(h)||"Residence" means domicile.|
|(i)||"Superintendent" or "Election Superintendent" means: either the judge of the probate court of a county or the county board of elections; the county board of elections and registration; the joint city-county board of elections; the joint city-county board of elections and registration, if a county has such; or any other person designated by the Conservation Commission to conduct the election.|
|(2)|| Specific Regulations governing the
conduct of elections.
|(3)|| Repeal of Conflicting Rules
Any Rule or Regulation of the Commission which is in any way inconsistent with the provisions of these Rules set forth in Chapter 600-9 is hereby repealed and rescinded.
Risk Management - The Conservation Commission designates the Georgia Department of Administrative Services as its risk management agent for purposes of these Rules.