Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-35.
The authority charged by law with conducting an election
must publish two notices of general, municipal, special, and
primary elections held in the county in a newspaper of general
circulation in the county or municipality, as appropriate.
Included in each notice must be a reminder of the last day
persons a person may register to be
eligible to vote in the election for which notice is given,
the date the make-up election will be held if the originally
scheduled election must be postponed due to inclement weather or
other emergency, notification of the date, time, and
location of the hearing on ballots challenged in the election, a
list of the precincts involved in the election, the location of
the polling places in each of the precincts, and notification
that the process of examining the return-addressed envelopes
containing absentee ballots may begin at 2:00
p.m. 9:00 a.m. on election day at a place
designated in the notice by the authority charged with
conducting the election. The first notice must appear not later
than sixty days before the election and the second notice must
appear not later than two weeks after the first notice."
SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-13-40.
In the event that a party nominates candidates by party
primary, a party primary must be held by the party and conducted
by the State Election Commission and the respective county
election commissions on the second Tuesday in June of each
general election year, and a second and third primary each two
weeks successively thereafter, if necessary. Written
certification of the names of all candidates to be placed on
primary ballots must be made by the political party chairman,
vice chairman, or secretary to the State Election Commission or
the county election commission, whichever is responsible under
law for preparing the ballot, not later than twelve o'clock noon
on April ninth fifth, or if April
ninth fifth falls on a Saturday or
Sunday, not later than twelve o'clock noon on the following
Monday. Political parties nominating candidates by party
primary must verify the qualifications of those candidates prior
to certification to the appropriate election commission of the
names of candidates to be placed on primary ballots. The
written verification required by this section must contain a
statement that each candidate certified meets, or will meet by
the time of the general election, or as otherwise required by
law, the qualifications for office for which he has filed.
Political parties must not accept the filing of
any a candidate who does not, or
will not by the time of the general election, or as otherwise
required by law, meet the qualifications for the office for
which the candidate desires to file, and such
the candidate's name shall must
not be placed on a primary ballot. The filing fees for all
candidates filing to run in all primaries, except municipal
primaries, must be transmitted by the respective political
parties to the State Election Commission and placed by the
executive director of the commission in a special account
designated for use in conducting primary elections and must be
used for that purpose. The filing fee for each office is one
percent of the total salary for the term of that office or one
hundred dollars, whichever amount is greater."
SECTION 3. Section 7-13-190 of the 1976 Code, as last amended by Act 3 of 2003, is further amended by adding:
"(F) In the event the Governor declares a state of emergency covering an entire jurisdiction holding an election, the election must be postponed and held on the next Tuesday. This subsection does not apply to statewide primaries and general elections."
SECTION 4. Section 7-13-350 of the 1976 Code, as last amended by Act 3 of 2003, is further amended to read:
"Section 7-13-350.
(A) Except as otherwise provided in
this section, the nominees in a party primary or party
convention held under the provisions of this title by
any a political party certified by the
commission for one or more of the offices, national, state,
circuit, multi-county multicounty
district, countywide, less than countywide, or municipal to be
voted on in the general election, held on the first Tuesday
following the first Monday in November, must be placed upon the
appropriate ballot for the election as candidates nominated by
the party by the authority charged by law with preparing the
ballot if the names of the nominees are certified, in writing,
by the political party chairman, vice-chairman
vice chairman, or secretary to the authority, for general
elections held under Section 7-13-10, not later than twelve
o'clock noon on August fifteenth or, if August fifteenth falls
on Saturday or Sunday, not later than twelve o'clock noon on the
following Monday; and for a special or municipal general
election, by at least twelve o'clock noon on the sixtieth day
prior to the date of holding the election, or if the sixtieth
day falls on Sunday, by twelve o'clock noon on the following
Monday. Political parties nominating candidates by primary or
convention must verify the qualifications of those candidates
prior to certification to the authority charged by law with
preparing the ballot. The written certification required by
this section must contain a statement that each candidate
certified meets, or will meet by the time of the general
election, or as otherwise required by law, the qualifications
for the office for which he has filed. Any
A candidate who does not, or will not by the time of the
general election, or as otherwise required by law, meet the
qualifications for the office for which he has filed
shall must not be nominated and
certified, and such the candidate's name
shall must not be placed on a general,
special, or municipal election ballot.
(B) Candidates for
President and Vice President must be certified to the State
Election Commission not later than twelve o'clock noon on
the first Tuesday following the first Monday in September
September tenth to the State Election Commission, or
if September tenth falls on Sunday, not later than twelve
o'clock noon on the following Monday."
SECTION 5. Section 5-7-200 of the 1976 Code is amended to read:
"Section 5-7-200.
(a)(A) A mayor
or councilman shall forfeit his office if he:
(1)
lacks at any time during his term of office
any a qualification for the office
prescribed by the general law and the Constitution;
(2)
violates any an express
prohibition of Chapters 1 to 17; or
(3)
is convicted of a crime involving moral turpitude.
(b)(B)
A vacancy in the office of mayor or council
shall must be filled for the remainder
of the unexpired term either:
(1)
at the next regular
municipal election; or
(2)
at a special election held pursuant to Section
7-13-190, if the vacancy occurs:
(a)
one hundred eighty days or more, or
(b)
ninety days or less
prior to the next
general municipal election."
SECTION 6. Section 7-13-190(B) of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"(B) In partisan
elections, whether seeking nomination by political party primary
or political party convention, filing by these candidates shall
open for the office at twelve o'clock noon on the third Friday
after the vacancy occurs for a period to close ten days later at
twelve o'clock noon. If seeking nomination by petition, the
petitions must be submitted not later than twelve o'clock noon,
sixty days prior to the election. Verification of these
petitions must be made not later than twelve o'clock noon
forty-five days prior to the election. If seeking nomination by
political party primary or political party convention, filing
with the appropriate official is the same as provided in Section
7-11-15 and if seeking nomination by petition, filing with the
appropriate official is the same as provided in Section 7-11-70.
A primary must be held on the eleventh
Tuesday after the vacancy occurs. A runoff primary must be held
on the thirteenth Tuesday after the vacancy occurs. The special
election must be on the eighteenth Tuesday after the vacancy
occurs. If the eighteenth Tuesday after the vacancy occurs is
no more than sixty one hundred twenty
days prior to the general election, the special election shall
be held on the same day as the general election. If the filing
period closes on a state holiday, then filing must be held open
through the succeeding weekday. If the date for an election
falls on a state holiday, it must be set for the next succeeding
Tuesday. For purposes of this section, state holiday does not
mean the general election day."
SECTION 7. This act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first. /
Renumber sections to conform.
Amend title to conform.