Oliver Maner & Gray LLP
Public Finance Alert
NEW RESTRICTIONS FOR SPECIAL ELECTION DATES
Prior to adjourning last Friday night, April 20th, the General Assembly passed
a substitute to Senate Bill 194 which reduces the number of dates each year
when counties, cities and school boards can call special elections to present
referendum questions to voters.
Currently, O.C.G.A. ?21-2-540 restricts special elections to four dates per
year. In odd numbered years these dates are the third Tuesdays in March, June
and September, and the Tuesday after the first Monday in November. In the
even-numbered years, special elections may be held on the third Tuesday in
March or the date of the presidential preference primary, if held that year,
the date of the general primary, the third Tuesday in September, and the
Tuesday after the first Monday in November.
If the Governor signs SB 194 into law, beginning on January 1, 2009, local
governments will be able to call special elections to present a question to the
voters in odd-numbered years only on the third Tuesday in March or the Tuesday
after the first Monday in November. In even-numbered years any such special
elections may be held only on the date of and in conjunction with the
presidential preference primary (if one is held that year), on the date of the
general primary, or the Tuesday after the first Monday in November.
This change will require more advanced planning for cities, counties, and
school districts which desire to impose or reimpose a special local options
sales tax (SPLOST) or education SPLOST (ESPLOST) or to call a general
obligation bond referendum.
SB 194 does not change the four days available each year for a special primary
or special election to fill a vacancy of a county or municipal office.
The full text of SB 194 can be found at:
http://www.legis.ga.gov/legis/2007_08/versions/sb194_LC_28_3754S_hss_5.htm
If you have any questions or would like additional information, please feel
free to contact us at any time.
Tom Gray
Jim Pannell
Charla Hall
Jon Pannell
Oliver Maner & Gray LLP
218 West State Street
Savannah, Georgia 31401
(912) 236-3311
www.omg-law.com
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