Bill Text | History of Actions | Background | Title |
Description: Elections; remove from office elected public officers who declare a change in party affiliation.
Bill Text: [Introduced]
| 1 | 01/20 (S) Referred To Elections | |
| 2 | 02/04 (S) Died In Committee |
| Effective date | VRA | |
| Disposition | Dead | |
| Deadline | General Bill/Constitutional Amendment | |
| Revenue | No | |
| Vote type required | Majority |
Senate Committee:
Principal Author: Smith
Title: AN ACT TO PROVIDE THAT IF AN ELECTED PUBLIC OFFICER DECLARES A CHANGE IN HIS OR HER PARTY AFFILIATION DURING THE TERM OF HIS OR HER OFFICE, SUCH PUBLIC OFFICER SHALL BE REMOVED FROM OFFICE; TO PROVIDE THAT SUCH REMOVAL SHALL BE INITIATED BY THE FILING OF AN AFFIDAVIT WITH THE STATE BOARD OF ELECTION COMMISSIONERS; TO REQUIRE THAT NOTICE OF THE AFFIDAVIT SHALL BE GIVEN TO THE ELECTED PUBLIC OFFICER WITHIN 10 DAYS AFTER RECEIPT OF THE AFFIDAVIT; TO REQUIRE THAT A NOTICE TO APPEAR AT A HEARING AT A TIME SET BY THE STATE BOARD OF ELECTION COMMISSIONERS SHALL BE GIVEN TO THE ELECTED PUBLIC OFFICER AT LEAST 20 DAYS PRIOR TO THE DATE WHEN HIS APPEARANCE IS REQUIRED; TO PROVIDE THAT A COUNCIL OF THREE CHANCERY COURT JUDGES SHALL BE CONVENED AT THE TIME AND PLACE STATED IN THE NOTICE TO DETERMINE IF THE ALLEGATION OF A CHANGE IN PARTY AFFILIATION BY THE ELECTED PUBLIC OFFICER IS FACTUAL; TO PROVIDE THAT THE PUBLIC SHALL BE GIVEN NOTICE OF THE HEARING BY A PROCLAMATION OF THE STATE BOARD OF ELECTION COMMISSIONERS AND THAT ANY CITIZEN MAY APPEAR AND GIVE RELEVANT EVIDENCE; TO PROVIDE THAT IF THE COUNCIL DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT A CHANGE IN PARTY AFFILIATION HAS OCCURRED, IT SHALL PRESENT ITS FINDINGS TO THE GOVERNOR WHO SHALL REMOVE THE ELECTED PUBLIC OFFICER FROM OFFICE AND DECLARE A VACANCY IN OFFICE IF THE OFFICE IS A LOCAL OFFICE OR APPOINT A REPLACEMENT IF THE OFFICE IS A STATEWIDE OR STATE DISTRICT OFFICE; TO PROVIDE THAT IN THE EVENT THE GOVERNOR IS ALLEGED TO HAVE CHANGED PARTY AFFILIATION, THE LIEUTENANT GOVERNOR SHALL PERFORM THE DUTIES OF THE GOVERNOR UNDER THIS ACT; TO PROVIDE THAT IF A PUBLIC OFFICER IS REMOVED ALL HIS MONETARY CAMPAIGN CONTRIBUTIONS SHALL BE FORFEITED AND DEPOSITED IN A SPECIAL FUND CREATED BY THIS ACT TO ASSIST IN THE DEFRAYING OF ELECTIONS REQUIRED BY THIS ACT; TO PROVIDE A PROCEDURE FOR THE FORFEITURE OF MONETARY CAMPAIGN CONTRIBUTIONS; AND FOR RELATED PURPOSES.
End Of Document
2003/html/History/SB/SB2478.htm