Journal of the Senate of the State of Georgia at the extraordinary session, commenced at Atlanta, Monday, May 4, 1964 and adjourned Friday, June 25, 1964

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
EXTRAORDINARY SESSION
Commenced at Atlanta, Monday, May 4, 1964 and adjourned Friday, June 25, 1964
1964 LONGING & PORTKR, INC.
HAPEVILLE, GA.

OFFICERS
AT
STATE SENATE
1964-65
PETER ZACK GEER-._._- --------------------Lieutenant Governor
MILLER COUNTY
HARRY C. JACKSON--____------------------President Pro Tern
MUSCOGEE COUNTY
GEORGE D. STEWART.- ---------------------------Secretary
FULTON COUNTY
LOUISE LEAVELL ..----------------------Legislative Assistant
DeKALB COUNTY
REBECCA CAUSEY. .---...._----------------Journal Clerk
DOUGLAS COUNTY
ANN DUNCAN-------------- . ----------------Calendar Clerk
FULTON COUNTY
HENRY CASTLEMAN ---------------- ----------------Doorkeeper
FULTON COUNTY
PRESTON B. LEWIS, JR.--- -- --------------------------Messenger
BURKE COUNTY
ANN WEBB .....- ------ ...---- - ,, -- .---------- Message Clerk
FULTON COUNTY

SENATE JOURNAL
EXTRAORDINARY SESSION

Senate Chamber, Atlanta, Georgia, Monday, May 4, 1964.

Pursuant to a proclamation of His Excellency, the Governor, the Senate met this morning in extraordinary session at 11:00 o'clock, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Frank Coyle, pastor, Montgomery Memorial Baptist Church, Gainesville, Georgia.

The roll was called, and the following senators answered to ther names:

Brewer, 39th Broun, 46th Brown, 34th Carlton, 21st Carter, 14th Coggin, 35th Conway, 41st Downing, 1st Ellis, 44th Fuqua, 22nd Gillis, 20th Gordy, 15th Hall, 52nd Harrison 38th Heard, 29th Holloway, 12th

Hunt, 26th Jackson, 16th Johnson, 42nd Johnson, 38th Kendrick, 32nd Kidd, 25th Knox, 24th Lee, 47th Loggins, 53rd Maclntyre, 40th Miller, 50th Moore, 31st McKinnon, 7th McWhorter, 43rd Noble, 19th Pelham, 10th

Phillips, 27th Plunkett, 30th Rowan, 8th Salome, 36th Scott, 23rd Searcey, 2nd Smalley, 28th Smith, 18th Thomas, 54th Tribble, 3rd Webb, llth Wesberry, 37th Yancey, 33rd Young, 13th Zorn, 6th

The following proclamation by His Excellency, Governor Carl E. Sanders, was read by the secretary:
A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR CARL E. SANDERS OF
THE STATE OF GEORGIA
CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION
WHEREAS, by resolution approved April 9, 1963 (Ga. Laws 1963, p. 402), there was created the "Constitution Revision Commission" for the purpose of conducting a thorough study of the Constitution and

JOURNAL OF THE SENATE,
related matters and preparing a new constitution for the State of Georgia; and
WHEREAS, said Commission has substantially completed its work and will publish its report and draft of a new constitution within a few weeks; and
WHEREAS, the matter of constitutional revision is of such urgency and importance as to require an extraordinary session of the General As sembly to the end that such matters shall receive the most careful and deliberate consideration, uninterrupted by the necessary diversions en countered in a regular session; and
WHEREAS, due to the complexity and breadth of many grave issues facing the 1964 regular session of the General Assembly, including educa tion reform, prison reform, financing and congressional reapportionment, a number of other pressing legislative matters could not be reached during the regular session, such as election law reform and considera tion of local legislation and local constitutional amendments; and
WHEREAS, such unfinished business could conveniently be con sidered by one house of the General Assembly during the time that con stitutional revision is pending in the other house;
NOW, THEREFORE, upon consideration of the premises stated, and pursuant to and by virtue of power and authority vested in me by the Constitution of Georgia, Article V, Section 1, Paragraph XII, I, Carl E. Sanders, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of Georgia in extraordinary session at 11:00 a.m., Eastern Standard Time, on the 4th day of May, 1964, for the purposes of (1) Receiving the report of the Constitution Revision Commission, and preparing, enacting, proposing and submitting a new constitution for the State of Georgia, either by way of amendment of the existing constitution or submission and approval of an entirely new constitution; (2) Considering and enacting a comprehensive revision, amendment, supersession and codification of all laws, resolutions and constitutional provisions governing elections, primaries, referendums, political parties and all other laws and constitutional provisions related thereto; (3) Consideration and enactment of local legislation; (4) Con sideration and enactment of local, special and general constitutional amendments, including those proposed amendments to be submitted to the people at the general election in November, 1964, either by way of revision, repeal, supersession, enactment, amendment or otherwise; and (5) Enactment of supplemental appropriations legislation neces sary or desirable for the purpose of appropriating and making available funds required for the holding of such extraordinary session and other expenses connected with the operation of the legislative branch of gov ernment; all of which are found and concluded by me to be of suf ficient importance to demand the necessity of such extraordinary ses sion of the General Assembly.
Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 13th day of March, in year of Our Lord, one thousand nine hundred and sixty-four.
CARL E. SANDERS Governor

MONDAY, MAY 4, 1964

7

BY THE GOVERNOR: BEN W. FORTSON, JR.
Secretary of State.

A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR CARL E. SANDERS OF
THE STATE OF GEORGIA
CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION

WHEREAS, on March 13, 1964, an Executive Proclamation was duly issued convening the General Assembly in extraordinary session on May 4, 1964, for the purpose of considering legislation relating to a new constitution lor the State of Georgia; a comprehensive revision of
election laws of this state; local legislation; a supplemental appropria tions bill and for other purposes; and

WHEREAS, subsequent thereto certain matters have been brought to my attention which are deemed by me to be of sufficient urgency and importance to be considered at the extraordinary session of the General Assembly convened as aforesaid:

NOW, THEREFORE, pursuant to and by virtue of the power and authority vested in me by the Constitution of Georgia, Article V, Sec tion I, Paragraph XII, I, Carl E. Sanders, Governor of Georgia, do hereby amend the Proclamation heretofore issued on March 13, 1964, by adding thereto, immediately following the next to the last para graph, the following:

"Said extraordinary session is also called for the purpose of considering and enacting laws by amendment, revision, repeal or otherwise relating to the period of time for which revenue certificates may be issued by hospital authorities created pursuant to the laws of Georgia; the number of witnesses required to attest a will in this state; the creation, composition, reconstitution, re arrangement and renaming of judicial circuits and matters related thereto; and the addition of judges to existing circuits";

all of which are found and concluded by me to be of sufficient im portance to demand the necessity of consideration thereof at the extra ordinary session previously called and convened.

Given under my hand and Great Seal of the State of Georgia, at the City of Atlanta, on this 30th day of April, in the year of Our Lord, one thousand nine hundred and sixty-four.

ATTEST: BEN W. FORTSON, JR.
Secretary of State.

CARL E. SANDERS, Governor.

JOURNAL OF THE SENATE,
The following resolutions were read and adopted:
SR 1. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth: A Resolution to notify the House that the Senate has convened; and for other purposes.
SR 2. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth: A Resolution adopting the Rules of the Senate; and for other purposes.
SR 3. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth: A Resolution relative to officials, attaches and employes of the Senate; and for other purposes.
SR 4. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth: A Resolution relative to mileage; and for other purposes.
SR 5. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth: A Resolution extending an invitation to United States Senator Edward M. Kennedy and other distinguished persons to visit the Senate; and for other purposes.
The president appointed as a committee of escort the following: Senators Fuqua of the 22nd, Carter of the 14th, Wesberry of the 37th, Downing of the 1st and Johnson of the 42nd.
SR 7. By Senators Broun of the 46th, Searcey of the 2nd, Zion of the 6th, Rowan of the 8th, Holloway of the 12th, Gillis of the 20th, Brown of the 34th and Ellis of the 44th: A Resolution providing for the acceptance by the General Assembly of Georgia of the invitation of the Seaboard Air Line Railroad Company to attend a Forestry Field Day Program; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to wit:

MONDAY, MAY 4, 1964

9

HR 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Bushee of Dougherty and Andrews of Stephens:
A Resolution to notify the Senate that the House has convened, in extra ordinary session; and for other purposes.

HR 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens: A Resolution to notify the Governor that the General Assembly has convened; and for other purposes.
The speaker has appointed as a committee to notify the Governor the following members of the House:
Andrews of Stephens Barber of Jackson Hudgins of Chattahoochee Johnson of Elbert Melton of Spalding Mullis of Bleckley Steis of Harris

HR 7. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor, and for other purposes.

The Speaker has appointed as a committee of escort the following members of the House:
Arnsdorff of Effingham Newton of Jenkins Payton of Coweta Sewell of Sumter Spikes of Troup Watts of Talbot Williams of Hall

The following Resolutions were read and adopted:
HR 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to notify the Governor that the General Assembly has convened; and for other purposes.

10

JOURNAL OF THE SENATE,

The president appointed as a committee to notify the Governor the following:

Senators Gordy of the 15th, Gillis of the 20th, Broun of the 46th, Byrd of the 17th, Kidd of the 25th and Pennington of the 45th.

HR 7. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution calling a joint session of the House and Senate for the purpose of hearing a message from His Excellency, the Governor; and for other purposes.

The president appointed as a committee of escort on the part of the Senate the following:
Senators Noble of the 19th, Spinks of the 9th, Brown of the 34th, Hall of the 52nd, Webb of the llth, Lee of the 47th and Carlton of the 21st.

The following Resolution was introduced, read the first time, and referred to committee:
SR 6. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth: A Resolution proposing a revised Constitution of Georgia; and for other purposes.
Referred to Committee on Rules.
Senator Carlton of the 21st moved that the Senate adjourn at the conclusion of the joint session until 10:30 o'clock tomorrow morning, and the motion prevailed.
United States Senator Edward M. Kennedy of Massachusetts, ac companied by Congressman Charles L. Weltner and his distinguished committee of escort, appeared upon the floor of the Senate, and was escorted to the rostrum where the president of the Senate presented Senator Fuqua of the 22nd, who introduced the distinguished guest.
Senator Kennedy briefly addressed the Senate.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of hearing a message by His Excellency, the Governor, was called to

MONDAY, MAY 4, 1964

11

order by the president of the Senate.

The doorkeeper announced His Excellency, the Governor, and his committee of escort at the door, and awaited the pleasure of the General Assembly.

The president directed the doorkeeper to admit the distinguished guests, and they were admitted.

The secretary read the resolution providing for the joint session.

The president introduced the Governor with appropriate remarks.

Governor Sanders addressed the General Assembly with the following remarks:
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, DIS TINGUISHED MEMBERS OF THE SENATE AND OP THE HOUSE OP REPRESENTATIVES, HONORED GUESTS, MY FELLOW GEORGIANS:
Sixteen weeks ago it was my honor to welcome each of you here, and to lay before you what I considered to be those legislative measures for which the people of Georgia regarded as mutually responsible.
We meet again today, and it is again my honor to stand in this very spot, at this same rostrum, before you, the chosen leadership of a modern people, in a modern State, during a modern era, and cite to you the challenge which this modern time has issued to us.
When I addressed you in January, I said that I believed the record at the close of the regular session would show that this assemblage comprised the best and most productive General Assembly in the history of our grand old State.
Today, if I were merely to repeat that belief expressed nearly four months ago, the very words would be insufficient in light of what that brief span of time has shown you were able to achieve.
In January, I spoke to you of the work the General Assembly did last year in the first half of the 1963-64 Legislature.
I said that the people benefited, because of your labors.
And that the State progressed, because of your dedication.
The story of 1964 now stands crystal clear in the history books

12

JOURNAL OP THE SENATE,

for all future generations to witness, and to rejoice over. This year was an extension of last in the ledger column of accomplishment.

The unquestioned truth is, that this Assembly is unequalled by any that ever sat in these hallowed halls, and that more meaningful legislation was enacted in those 40 days of January and February, 1964, than at any comparable time in the history of our State.
In the matter of recognizing your responsibilities, and in doing some thing constructive about them--
In the matter of performing courageously for the good of the more than 4 million citizens of Georgia--
In the matter of not only accepting the challenge of a changing age, but in working together to leave your indelible mark of progress upon the age--
I know in both heart and mind that Georgia history will record the year 1964 as the most productive legislative year, and this General Assembly as the most productive legislative body, of all time!
And now, my friends, as another inspiring chapter of our history is begun, the heavy mantle of leadership again falls upon the broad shoulders of this General Assembly.
Again you are being called upon to wear it nobly, and with honor.
I, as Governor, know your purpose. And I, as citizen, have no doubt of the outcome.
Our task, as the legislative and executive leadership of Georgia, is two-fold during this Special Session. Simply put, it is this:
First, to draft and adopt a new State Constitution, suited to the present, and in step with our progress toward the future; and--
Second, to redraw and codify our primary and general elections laws, in order to preserve and protect the basic right of the people to ballot for the candidates of their choice.

There will be certain other measures, principally of local legislation, and in limited number, to come before the Senate and House this Ses sion, but our new Constitution and election code are our prime concern.
Let me first discuss that vital document of organic law, our State Constitution.
At the session of the General Assembly in 1963, and by Joint Resolution of the House and Senate, you gentlemen established a Con stitution Revision Commission, and I have been serving as the Chairman of that Commission.

MONDAY, MAY 4, 1964

13

Beginning in the early spring of 1963, our Commission divided itself into sub-committees and began its job of studying the Constitu tion of 1945 in an effort to pinpoint its weaknesses, and to educate ourselves so that we could report back to the General Assembly with a Constitution for the State which would serve the needs of today, and stand the test of tomorrow.
This Commission has worked diligently for more than a year. Hundreds of interested citizens have appeared before this Commission, and its sub-committees, to express their views as to the type of Con stitution the State of Georgia should have.

Experts in various fields have been consulted. Many business, civic, and professional groups participated in our deliberations, and recently, the Commission met, and in public hearings which lasted over two weeks of continual session, discussed and debated the provisions of the new Constitution, article by article, section by section, line by line, and, I might add, word by word.
Untold thousands of man-hours have been devoted to this study by persons well qualified for the task, and to whom we are greatly indebted.
Based on these arduous and exhaustive efforts, the Commission has adopted a proposed new Constitution for our State, which I. as Chair man of the Commission, formally present to the General Assembly today, with the recommendation that this proposed new Constitution be enacted into law by you, and in turn, presented to the people of Georgia for adoption on November 4.

We of the Commission feel that this document is no mere re-write of the present Constitution, but is, in truth and fact, a new, vital, and living document of organic law for the State of Georgia.

This proposed new Constitution is substantially shorter, and con siderably more flexible, than the Constitution of 1945. It has nine articles as opposed to 16 articles in the present Constitution. It is a third shorter, and, in addition, the hundreds of local amendments are now brought forward as statutory law, rather than as a part of the Constitution itself.

Fewer than half of the old provisions have been carried forward, and many of those which have, have been re-worded.

More than 20 sections of the present Constitution have been elimi nated entirely.
More than 75 specific substantive provisions have been changed, some quite sharply, and others with broad effect.

Home Rule has been provided for the local units of government of our State. The need for local amendments has thus been eliminated, and through the efforts of the Commission, this Constitution is more understandable and easier to work with.

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JOURNAL OF THE SENATE,

We believe that it compares favorably with any Constitution of any State, and that anyone who looks at it from the standpoint of substance, which is the only basis on which a Constitution should be judged, will agree that the Commission which you created 15 months
ago has fulfilled its objectives.

I want to stress again that the Constitution presented to you today has not been hastily considered; it has been painstakingly prepared, and it is the final result of deliberations by hundreds of qualified persons.

It is my hope, therefore, that such adjustments as you may make will be constructive and forward-looking, so that the Revision Commis sion can join hands with you in presenting the new Constitution to the people of Georgia this year.

All of us recognize that deficiencies exist in our present document of organic law. I am personally convinced, both as Chairman of the Commission, and as Governor, that the new Constitution is as near the ideal of, and for, all of our four-million 100-thousand citizens as could be attained.

We are dealing with history. You have been chosen to serve the State and her citizens in a singular manner, and at a time when we are commanded by public mandate to re-write the organic law of our State. This is a wonderful opportunity for service, and, at the same time, a solemn responsibility which must be discharged with honor and credit.

It is then up to us as the chosen leadership of our State to discard the existing roadblocks to progress as our mandate from the people demands, and to provide for our citizenry a Constitution in tune with the times.

And now, I want to speak to you briefly about the need for a com plete revision and codification of the primary and election laws of Georgia.

An Election Laws Study Committee, created by joint resolution of the House and Senate, has prepared a 174-page Bill, following numerous public hearings throughout the State, to determine the specific needs and true desires of our citizen-voters.

The Committee's task, difficult at best, was compounded by the fact that Georgia has never had a comprehensive code of laws on this subject, and consequently, the existing statutes are a confused mixture of local and general laws which have accumulated, some almost by accident, and others without clear-cut design, for more than a century.

The Committee has proposed a new code of laws, written in the plainest and most understandable language, that has the single purpose of insuring clarity and fairness in all primaries and elections.

MONDAY, MAY 4, 1964

IB

The statutes proposed in this code, far too extensive to go into in detail at this time, are those which have been deemed most desirable at the series of public hearings. I am certain that every member of this Legislature will constantly be guided by this knowledge while deliberating the proposals, and enacting them into law.

By so doing, I am certain that when the gavel falls for sine die adjournment next month, the General Assembly will have extended its record of unparalleled service to the people of Georgia in 1964, to even higher peaks of achievement.

My friends, it has ever been the will of Almighty God that we, as men, be the masters of our fate on earth, and the arbiters of our actions in life.

The challenge to properly master our fate, and govern our actions, has never been greater--or more pressing--than it is today.

Today's accomplishments tomorrow will be too late, and it would be a violation of the very trust placed in us both by God and fellowman.

Tomorrow's accomplishments today must be our goal, and our goal be realized!

I urge you, each member of these august bodies, to work as diligently and as determinedly as you know how, and to vote out the measures submitted for your consideration in a minimum amount of time.
I need not point out that each legislative day is conducted at con siderable public expense, or to remind you that the impending and con tinued conduct of your personal businesses and farming operations make it urgent that we have concerted and concentrated action by this General Assembly.

I urge you further to extend your legislative week, if necessary, to accomplish and conclude, without delay, the people's business which we now undertake.

All of us know that good things come neither easily nor by default. Only by the sweat of our brows, and through the heartfelt labor of dedicated public service can we achieve great deeds.

The place for such labor, for such dedication, is here--and the time is now.
Both as Governor and as a citizen, I know of no greater expression of esteem and respect than to pledge to you my eternal gratitude for joining with me now, and proving anew to our fellow Georgians that their chosen leadership not only can, but does attain Thomas Jefferson's ideal of, "a common effort, for the common good."
Good luck, Godspeed, and thank you.

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Senator Carlton of the 21st moved that the joint session be now dissolved, and the motion prevailed.

The president announced the joint session dissolved.

Under the provisions of a previous motion, the Senate adjourned until 10:30 o'clock tomorrow morning.

TUESDAY, MAY 5, 1964

17

Senate Chamber, Atlanta, Georgia, Tuesday, May 5, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend R. C. Johnson, pastor, First Baptist Church, Blackshear, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Bills and Resolutions. 3. Second reading of Bills and Resolutions.
The consent was granted.
The following Bills were introduced, read the first time, and referred to committees:
SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th: A Bill to provide a comprehensive revision of the Election and Primary Laws and all related laws of this state; and for other purposes.
Referred to Committee on Rules.
SB 2. By Senator Webb of the llth: A Bill to consolidate the offices of tax receiver and tax collector of Seminole County; and for other purposes.
Referred to Committee on County and Municipal Governments.

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The following resolution was read the second time:

SR 6. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A Resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following Bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives: SR 7.
Respectfully submitted, Pelham of the 10th District, Chairman.

The following resolution was read and adopted:

SR 8. By Senator Webb of the llth:
A Resolution commending the Seminole County High School Girls' Basketball Team; and for other purposes.

Senator Carlton of the 21st moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

WEDNESDAY, MAY 6, 1964

19

Senate Chamber, Atlanta, Georgia, Wednesday, May 6, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by Dr. Leslie S. Williams, Superin tendent of Missions, Columbus Baptist Association.

By unanimous consent, the call of the roll was dispensed with.

Senator Brown of the 34th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Brown of the 34th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of standing committees.

The consent was granted.

The following Bill was introduced, read the first time, and referred to committee:

SB 3. By Senator Webb of the llth:
A Bill to amend Code sections 113-103, 113-409 and 113-502; to pro vide for the number of witnesses required to attest wills and codicils, and matters relating thereto; to provide for the execution and probate of wills and codicils including nuncupative wills; to prescribe the effect of probate of wills; to provide for severability; and for other purposes.
Referred to Committee on Judiciary.

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The following Bills were read the second time:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A Bill to provide a comprehensive revision of the Election and Primary Laws and all related laws of this state; and for other purposes.

SB 2. By Senator Webb of the llth:
A Bill to consolidate the offices of tax receiver and tax collector of Seminole County; and for other purposes.

The following Resolution was read and adopted:

SR 9. By Senator Noble of the 19th:
A Resolution expressing regrets at the passing of Honorable J. P. Shedd; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following Resolution of the House to wit:

HR 11. By Mr. Rainey of Crisp:
A Resolution commending Senator Richard B. Russell and Senator Herman E. Talmadge for their stand against the Federal Civil Rights Bill; and for other purposes.

Senator Brown of the 34th moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

THURSDAY, MAY 7, 1964

21

Senate Chamber, Atlanta, Georgia, Thursday, May 7, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Vernon Broyles, pastor, North Avenue Presbyterian Church, Atlanta, Georgia.

Prayer was offered by Dr. Lewis F. Kennedy, pastor, First Baptist Church, Thomasville, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Spinks of the 9th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of standing committees.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bill of the House to-wit:

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HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to provide supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other appropriations heretofore or hereafter made for the legislative branch of the Government; and for other purposes.

The following Bills were introduced, read the first time, and referred to committees:

SB 4. By Senator Webb of the llth:
A Bill to amend section 5 of the Act known as the "Hospital Authorities Law" approved March 27, 1941, (Ga. Laws 1941, p. 241), as amended, so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.
Referred to Committee on Rules.

SB 5. By Senator Webb of the llth:
A Bill to amend section 1 of the Act known as the "Georgia Health Code", approved March 18, 1964, (Ga. Laws 1964, p. 499), particularly the chapter referred to therein as "Hospital Authorities Law", so as to extend the period of time for which revenue certificates may be issued by hospital authorities and to extend the period of time for %vhich contracts may be entered into by and between cities and counties with hospital authorities; and for other purposes.
Referred to Committee on Rules.

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to provide supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other appropriations heretofore or hereafter made for the Legislative Branch of the Government; and for other purposes.
Referred to Committee on Appropriations.

The following Bill was read the second time:

SB 3. By Senator Webb of the llth:
A Bill to amend Code sections 113-103, 113-409 and 113-502; to provide for the number of witnesses required to attest wills and codicils, and matters relating thereto; to provide for the execution and probate of

THURSDAY, MAY 7, 1964

23

wills and codicils including nuncupative wills; to prescribe the effect of probate of wills; to provide for severability; and for other purposes.

The following Resolutions were read and adopted:

SR 10. By Senator.Heard of the 29th:
A Resolution expressing regrets at the passing of Mrs. Robert H. Smalley, Jr.; and for other purposes.

SR 11. By Senator Plunkett of the 30th:
A Resolution commending Joseph T. Bivins, Georgia's Star Student for 1964, and Norman L. Padgett, Georgia's Star Teacher for 1964; and for other purposes.

HR 11. By Mr. Rainey of Crisp:
A Resolution commending Senator Richard B. Russell and Senator Herman E. Talmadge for their stand against the Federal Civil Rights Bill; and for other purposes.

Senator Spinks of the 9th moved that the Senate do now adjourn until 9:30 o'clock tomorrow, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

24

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, May 8, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend John Wells, pastor Mt. Vernon Unitarian Church, Alexandria, Virginia.

By unanimous consent, the call of the roll was dispensed with.

Senator Pelhani of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Spinks of the 9th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested Bills and Resolutions. 6. Third reading and consideration of General Bills and Resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bill of the House to-wit:
HB 2. By Messrs. Busbee and Odom of Dougherty: A Bill to create a new judicial circuit for the State of Georgia, to be

FRIDAY, MAY 8, 1964

25

known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; and for other purposes.

The following Bills and Resolution were introduced, read the first time, and referred to committees:

SB 6. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for the membership of said Board; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 12. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Resolution proposing an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain side walks outside the limits of any incorporated municipality within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; and for other purposes.
Referred to Committee on Judiciary.

The following Bills were read the second time:

SB 4. By Senator Webb of the llth:
A Bill to amend section 5 of the Act known as the "Hospital Authorities Law" approved March 27, 1941, (Ga. Laws 1941, p. 241), as amended, so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.

SB 5. By Senator Webb of the llth:
A Bill to amend section 1 of the Act known as the "Georgia Health Code", approved March 18, 1964, (Ga. Laws 1964, p. 499), particularly the chapter referred to therein as "Hospital Authorities Law", so as to extend the period of time for which revenue certificates may be issued by hospital authorities and to extend the period of time for

26

JOURNAL OF THE SENATE,

which contracts may be entered into by and between cities and counties with hospital authorities; and for other purposes.

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to provide supplementary appropriations for the fiscal year ending June 30, 1964, in addition to any other appropriations hereto fore or hereafter made for the Legislative Branch of the Government; and for other purposes.

Senator Spinks of the 9th moved that the Senate do now adjourn until 11:30 o'clock Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 11:30 o'clock tomorrow morning.

MONDAY, MAY 11, 1964

27

Senate Chamber, Atlanta, Georgia, Monday, May 11, 1964.

The Senate met pursuant to adjournment at 11:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Waldo Harris, pastor, First Baptist Church, Lakeland, Georgia.

Prayer was offered by the Reverend William G. Brown, pastor, Unity Methodist Church, Lakeland, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of Friday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested Bills and Resolutions. 6. Third reading and consideration of general Bills and Resolutions.
The consent was granted.
The following Bills and Resolutions were introduced, read the first time and referred to committees:
SB 7. By Senators Plunkett of the 30th and Heard of the 29th: A Bill to amend an act providing an assistant solicitor general for the

28

JOURNAL OP THE SENATE,

Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.
Referred to Committee on Judiciary.

SB 8. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Brewer of the 39th, Brown of the 34th, Maclntyre of the 40th, Coggin of the 35th, Johnson of the 42nd, and McWhorter of the 43rd: A Bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on County and Municipal Governments.
The following Bills and Resolutions were read the second time:
SB 6. By Senators Yancey of the 33rd and Kendrick of the 32nd: A Bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for the membership of said Board; to repeal conflicting laws; and for other purposes.

SR 12. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Resolution proposing an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain side walks outside the limits of any incorporated municipality within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty: A Bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; and for other purposes.
Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations had had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 1. Do Pass. Respectfully submitted, Hugh Gillis of 20th District, Chairman.

MONDAY, MAY 11, 1964

29

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:

Mr. President:

Your Committee on County and Municipal Governments had had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 2. Do Pass.
SB 6. Do Pass.
Respectfully submitted,
Brown of 34th District,
Chairman.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary had had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 3. Do Pass. Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules sub mitted the following report:
Mr. President:
Your Committee on Rules had had under consideration the following Bills and Resolution of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 4. Do Pass. SB 5. Do Pass. SR 12. Do Pass.
Respectfully submitted, R. Rowan of 8th District, Secretary.

30

JOURNAL OF THE SENATE,

The following local, uncontested Bill, favorably reported by the committee, was read the third time, and put upon its passage:

SB 2. By Senator Webb of the llth:
A Bill to amend an act consolidating the offices of tax receiver and tax collector of Seminole County, approved February 25, 1949, (Ga. L. 1949, p. 1238), as amended, so as to change the salary of the tax com missioner of Seminole County; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 34, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage.

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to provide supplementary appropriations for the fiscal year end ing June 30, 1964, in addition to any other appropriations heretofore or hereafter made for the Legislative Branch of the Government; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

The Resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer, 39th Broun, 46th Brown, 34th Byrd, 17th Carlton, 21st

Carter,14th Coggin, 35th Downing, 1st Ellis, 44th Fincher, 51st

Fuqua, 22nd Gillis, 20th Gordy, 15th "Hall, 52nd Harrison, 48th

Heard, 29th Holloway, 12th Hunt, 26th Jackson, 16th Johnson, 42nd Johnson, 38th Kendrick, 32nd Kidd, 25th Knox, 24th Lee, 47th Loggins, 53rd

MONDAY, MAY 11, 1964

31

McKinnon, 7th Maclntyre, 40th Miller, 50th Moore, 31st Noble, 19th Oliver, 4th Pelham, 10th Phillips, 27th Plunkett, 30th Rowan, 8th Salome, 36th

Scott, 23rd Searcey, 2nd Smalley, 28th Smith, 18th Spinks, 9th Thomas, 54th Tribble, 3rd Webb, llth Wesberry, 37th Yancey, 33rd Young, 13th

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
Senator Carlton of the 21st asked unanimous consent that HB 1 be im mediately transmitted to the House.

The consent was granted.

SB 3. By Senator Webb of the llth:
A Bill to amend Code sections 113-103, 113-409 and 113-502; to provide for the number of witnesses required to attest wills and codicils, and matters relating thereto; to provide for the execution and probate of wills and codicils including nuncupative wills; to prescribe the effect of probate of wills; to provide for severability; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 38, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 4. By Senator Webb of the llth: A Bill to amend section 5 of the act known as the "Hospital Authorities

32

JOURNAL OF THE SENATE,

Law" approved March 27, 1941, (Ga. Laws 1941, p. 241), as amended, so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 36, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 5. By Senator Webb of the llth:
A Bill to amend section 1 of the act known as the "Georgia Health Code" approved March 18, 1964, (Ga. Laws 1964, p. 499), particularly the chapter referred to therein as "Hospital Authorities Law", so as, to extend the period of time for which revenue certificates may be issued by hospital authorities and to extend the period of time for which contracts may be entered into by and between cities and counties with hospital authorities; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 39, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions were read and adopted:

SR 13. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A Resolution to amend a Resolution, relating to officials, attaches and employees of the Senate; and for other purposes.

SR 14. By Senator Plunkett of the 30th:
A Resolution expressing regrets at the passing of Mrs. James Woods (Sally Estes) Castleman; and for other purposes.

MONDAY, MAY 11, 1964

33

SR 15. By Senators Rowan of the 8th, Young of the 13th, McKinnon of the 7th and Young of the 13th:
A Resolution congratulating "Uncle Joe" Strickland; and for other purposes.

SR 16. By Senator Plunkett of the 30th:
A Resolution commending Honorable Roy Richards; and for other purposes.

Senator Carlton of the 21st moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

34

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, May 12, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Alien T. Newby, pastor Lake Side Methodist Church, Atlanta, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Oliver of the 4th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Spinks of the 9th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested Bills and Resolutions. 6. Third reading and consideration of general Bills and Resolutions.

The consent was granted.
The following Bills were read the second time:
SB 7. By Senators Plunkett of the 30th and Heard of the 29th: A Bill to amend an act providing an assistant solicitor general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.

TUESDAY, MAY 12, 1964

35

SB 8. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Brewer of the 39th, Brown of the 34th, Maclntyre of the 40th, Coggin of the 35th, Johnson of the 42nd, and McWhorter of the 43rd:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes.

The following local, uncontested Bill, favorably reported by the committee, was read the third time, and put upon its passage:

SB 6. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for the membership of said Board; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 32, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Senator Spinks of the 9th moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

36

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, May 13, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Clifford Hodges Brewton, pastor, Hull Memorial Presbyterian Church, Savannah, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Salome of the 36th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested Bills and Resolutions. 6. Third reading and consideration of general Bills and Resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 3. By Mr. Bowen of Toombs: A Bill to place the sheriff of Toombs County upon annual salary in

WEDNESDAY, MAY 13, 1964

37

lieu of the fee system of compensation; and for other purposes.

HB 4. By Mr. Deen of Bacon:
A Bill creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the corporate limits of the City of Alma; and for other purposes.

HB 5. By Messrs. Laite, House and Groover of Bibb:
A Bill to convey to Lamar Properties, Inc. the fee simple title to certain property in the City of Macon; and for other purposes.

HB 6. By Mr. Warren of Wayne:
A Bill to amend an act repealing the present charter of the Town of Screven, so as to extend the corporate limits of the City of Screven; and for other purposes.

HB 7. By Mr. Warren of Wayne:
A Bill to amend an act establishing the City Court of Jesup in and for the County of Wayne, so as to provide for an official court reporter; and for other purposes.

HB 8. By Messrs. Harris and Mackay of DeKalb: A Bill to abolish the Village of North Atlanta, to withdraw the certificate and charter of incorporation granted to the Village; and for other purposes.
HB 9. By Messrs. Harris and Mackay of DeKalb: A Bill to amend an act, establishing compensation of the elected county officials of DeKalb County, so as to provide salaries; and for other purposes.
HB 11. By Mr. Warren of Wayne: A Bill to amend an act repealing the charter of the town of Screven and reincorporating the said town as a city; and for other purposes.
HB 12. By Mr. Meeks of Union: A Bill to create a Board of Commissioners of Roads and Revenues for Union County; and for other purposes.

38

JOURNAL OF THE SENATE,

HB 13. By Mr. Bowen of Dooly:
A Bill to amend an act incorporating the Town of Byromville in the County of Dooly, so as to extend the corporate limits of said town; and for other purposes.

HB 14. By Mr. Causby of Gordon:
A Bill to amend an act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their compensa tion; and for other purposes.

HB 15. By Mr. Causby of Gordon:
A Bill to amend an act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon so as to change the compensation of the Clerk of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.

HB 16. By Messrs. Payton and Blalock of Coweta:
A Bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system; and for other purposes.

HR 12. By Mr. Kelly of Jasper:
A Resolution proposing an amendment to the Constitution so as to pro vide that any number of members of the County Board of Education of Jasper County may reside in the same militia District; and for other purposes.

HR 14. By Messrs. Echols and Caldwell of Upson:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an in strumentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.

The House has adopted the following Resolution to the House to-wit:

HR 19. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution calling a joint session of the House and Senate for the purpose of congratulating and extending the best wishes to the General Assembly to His Excellency on his thirty-ninth birthday; and for other purposes.

WEDNESDAY, MAY 13, 1964

39

The following Bills and Resolutions were introduced, read the first time, and referred to committees:

HB 3. By Mr. Bowen of Toombs: A Bill to place the sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 4. By Mr. Deen of Bacon: A Bill creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 5. By Messrs. Laite, House and Groover of Bibb: A Bill to convey to Lamar Properties, Inc., the fee simple title to cer tain property in the City of Macon; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 6. By Mr. Warren of Wayne: A Bill to amend an act repealing the present charter of the Town of Screven, so as to extend the corporate limits one-quarter of one mile in each direction; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 7. By Mr. Warren of Wayne: A Bill to amend an act establishing the city court of Jesup in and for the County of Wayne, so as to provide for an official court reporter; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 8. By Messrs. Harris and Mackay of DeKalb: A Bill to abolish the Village of North Atlanta; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 9. By Messrs. Harris and Mackay of DeKalb: A Bill to amend an act establishing compensation of the elected county officials of DeKalb County so as to adjust the salaries provided in said

40

JOURNAL OF THE SENATE,

act; and for other purposes. Referred to Committee on County and Municipal Governments.

HB 11. By Mr. Warren of Wayne:
A bill to amend an act repealing the charter of the Town of Screven and reincorporating said town as a city and changing the name thereof to the City of Screven; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 12. By Mr. Meeks of Union:
A bill to create a Board of Commissioners of Roads and Revenues for Union County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 13. By Mr. Bowen of Dooly:
A bill incorporating the Town of Byromville in the County of Dooly, so as to extend the corporate limits of said town; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 14. By Mr. Causby of Gordon:
A bill to amend an act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their compensa tion; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 15. By Mr. Causby of Gordon:
A bill to amend an act creating the office of Commissioner of Roads, and Revenues in and for the County of Gordon, so as to change the compensation of the clerk of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 16. By Messrs. Pay ton and Blalock of Coweta:
A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, MAY 13, 1964

41

HR 12. By Mr. Kelly of Jasper:
A resolution proposing an amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District; and for other purposes.
Referred to Committee on Rules.

HR 14. By Messrs. Echols and Caldwell of Upson:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.
Referred to Committee on Rules.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Representatives:

SB 2.

SB 3.

SB 4.

SB 5.

SB 6.

Respectfully submitted,

Pelham of the 10th District,

Chairman.

The following resolutions were read and adopted:

SR 17. By Senators Brown of the 46th, Lee of the 47th and Phillips of the 27th:
A resolution commending Senator Lamar R. Plunkett; and for other purposes.

HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution calling a joint session of the House and Senate for the

42

JOURNAL OF THE SENATE,

purpose of congratulating and extending the best wishes of the General Assembly to His Excellency on his thirty-ninth birthday; providing for an escort; and for other purposes.

The president appointed as a committee of escort on the part of the Senate the following:
Senators Jackson of the 16th, Carlton of the 21st, Webb of the llth, Plunkett of the 30th, Knox of the 24th, Zorn of the 6th and Smalley of the 28th.

Senator Salome of the 36th moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

THURSDAY, MAY 14, 1964

43

Senate Chamber, Atlanta, Georgia, Thursday, May 14, "1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend R. C. Prescott, pastor Ware Street Baptist Church, LaGrange, Georgia.

Prayer was offered by the Reverend Dan M. Hodges, pastor, Woodbury Baptist Church, Woodbury, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Salome of the 36th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to-wit:

44

JOURNAL OF THE SENATE,

HE 21. By Messrs. Walker of Lowndes, Wilkes of Cook, and others:
A resolution expressing regrets at the passing of Mrs. William M. Gibbons; and for other purposes.

HR 23. By Messrs. Smith of Grady, McClelland of Fulton, Matthews and Bedgood of Clarke, and many others:
A resolution expressing the appreciation of the General Assembly of Georgia for the invitation of the Seaboard Air Line Railorad Company to attend its Forestry Field Day Program; and for other purposes.

The following bills were introduced, read the first time, and referred to committees:

SB 9. By Senator Rowan of the 8th:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Berrien County, approved September 20, 1887, (Ga. L. 1886-1887, Vol. II, p. 664), as amended, so as to change the com pensation of said Board of Commissioners of Roads and Revenues; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 10. By Senator Maclntyre of the 40th: A bill to amend an act creating a new charter for the City of Alpharetta, approved March 3, 1961, (Ga. L. 1961, p. 2127), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to Committee on County Municipal Governments.
SB 11. By Senator Maclntyre of the 40th: A bill to amend an act establishing a new charter for the City of Roswell, approved February 9, I960, (Ga. L. 1950, p. 2178), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
HB 3. By Mr. Bowen of Toombs: A bill to place the sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

THURSDAY, MAY 14, 1964

45

HB 4. By Mr. Been of Bacon:
A bill creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the corporate limits; and for other purposes.

HB 5. By Messrs. Laite, House and Groover of Bibb:
A bill to convey to Lamar Properties, Inc., the fee simple title to certain property in the City of Macon; and for other purposes.

HB 6. By Mr. Warren of Wayne:
A bill to amend an act repealing the present charter of the Town of Screven, so as to extend the corporate limits one-quarter of one mile in each direction; and for other purposes.

HB 7. By Mr. Warren of Wayne: A bill to amend an act establishing the city court of Jesup in and for the County of Wayne, so as to provide for an official court reporter; and for other purposes.
HB 8. By Messrs. Harris and Mackay of DeKalb: A bill to abolish the Village of North Atlanta; and for other purposes.
HB 9. By Messrs. Harris and Mackay of DeKalb: A bill to amend an act establishing compensation of the elected county officials of DeKalb County so as to adjust the salaries provided in said act; and for other purposes.
HB 11. By Mr. Warren of Wayne: A bill to amend an act repealing the charter of the Town of Screven and reincorporating said town as a city and changing the name thereof to the City of Screven; and for other purposes.
HB 12. By Mr. Meeks of Union: A bill to create a Board of Commissioners of Roads and Revenues for Union County; and for other purposes.
HB 13. By Mr. Bowen of Dooley: A bill incorporating the Town of Byromville in the County of Dooly, so as to extend the corporate limits of said town; and for other purposes.

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HB 14. By Mr. Causby of Gordon:
A bill to amend an act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their compensa tion; and for other purposes.

HB 15. By Mr. Causby of Gordon:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the clerk of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.

HB 16. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the clerical ex pense authorization for the office of the ordinary; and for other purposes.

HR 12. By Mr. Kelly of Jasper:
A resolution proposing an amendment to the Constitution so as to provide that any number of members of the County Board of Educa tion of Jasper County may reside in the same Militia District; and for other purposes.

HR 14. By Messrs. Echols and Caldwell of Upson:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.

The following resolutions were read and adopted:

SR 18. By Senators Gordy of the 15th and Hunt of the 26th:
A resolution expressing birthday greetings to the Secretary of the Senate; and for other purposes.

HR 21. By Messrs. Walker of Lowndes, Wilkes of Cook, Raulerson of Echols, Pafford of Lanier and Knight of Berrien:
A resolution expressing regrets at the passing of Mrs. William M. Gibbons; and for other purposes.

THURSDAY, MAY 14, 1964

47

HR 23. By Messrs. Smith of Grady, McClelland of Fulton, Matthews and Bedgood of Clarke, Lee of Clinch, Henderson of Atkinson, Odom of Dougherty and many others:
A resolution expressing the appreciation of the General Assembly of Georgia for the invitation of the Seaboard Air Line Railroad Company to attend its Forestry Field Day Program; and for other purposes.

Senator Salome of the 36th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Friday, May 15, 1964.
The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Scripture reading was offered by the Reverend Cortez Cooper, pastor, First Presbyterian Church, Austell, Georgia.
Prayer was offered by the Reverend John A. Pirtle, pastor, Peachtree Bap tist Church, Atlanta, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Holloway of the 12th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to-wit:

FRIDAY, MAY 15, 1964

49

HB 18. By Messrs. Ware of Troup, Davis of Heard and others:
A bill to amend an act providing an assistant solicitor general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.

HB 19. By Mr. Henderson of Atkinson:
A bill to amend an act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SR 19. By Senator Wesberry of the 37th: A resolution calling a Constitutional Convention; and for other purposes.
Referred to Committee on Rules.

HB 18. By Messrs. Ware of Troup, Davis of Heard and others: A bill to amend an act providing an assistant solicitor general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 19. By Mr. Henderson of Atkinson: A bill to amend an act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills were read the second time:

SB 9. By Senator Rowan of the 8th:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Berrien County, approved September 20, 1887, (Ga. L. 1886-1887, Vol. II, p. 664), as amended, so as to change the compensa tion of said Board of Commissioners of Roads and Revenues; to repeal conflicting laws; and for other purposes.

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SB 10. By Senator Maclntyre of the 40th:
A bill to amend an act creating a new charter for the City of Alpharetta, approved March 3, 1961, (Ga. L. 1961, p. 2127), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

SB 11. By Senator Maclntyre of the 40th:
A hill to amend an act establishing a new charter for the City of Roswell, approved February 9, 1950, (Ga. L. 1950, p. 2178), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 1. Do Pass by Substitute. Respectfully submitted, Rowan of 8th district, Secretary.

The hour of convening the joint session having arrived, the president of the Senate, accompanied by the senators, appeared upon the floor of the House. The joint session, convened for the purpose of congratulating His Excellency, Governor Carl E. Sanders, upon his thirty-ninth birthday, was called to order by the president.
Governor Sanders, and other distinguished guests, appeared upon the floor of the House, and were conducted to the rostrum by the committee of escort.
The following joint resolution was read and adopted:
HR 29-JR 1. By Honorable Peter Zack Geer, Lieutenant Governor, Honorable George T. Smith, Speaker of the House of Representatives and the entire membership of the General Assembly:
A RESOLUTION
Extending congratulations and best wishes to His Excellency, Governor Carl E. Sanders, on his thirty-ninth birthday anniversary; and for other purposes.

FRIDAY, MAY 15, 1964

51

WHEREAS, on the fifteenth day of May in the year of Our Lord One Thousand Nine Hundred and Twenty-Five and of the Independence of the United States of America the One Hundred and Forty-Ninth in the City of Augusta, County of Richmond, State of Georgia, a son, Carl Edward Sanders, who was to become the seventy-fourth Gov ernor of the Sovereign State of Georgia, was born to Mr. and Mrs. Carl T. Sanders; and

WHEREAS, today the fifteenth day of May in the year of Our Lord One Thousand Nine Hundred and Sixty-Four is the thirty-ninth anniversary of the birth of His Excellency, Governor Carl E. Sanders; and

WHEREAS, it is the desire of the members of the General As sembly of Georgia to extend to the Governor their congratulations and best wishes on his birthday; and

WHEREAS, a joint session of the General Assembly of Georgia has been called for such purpose.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION ASSEMBLED, that this Body does hereby extend to His Excellency, Governor Carl E. Sanders, their congratulations and best wishes on this the thirty-ninth anniversary of his birth and wish for him God's richest blessings in all his future endeavors.

BE IT FURTHER RESOLVED that as a token of our esteem, Honorable George D. Stewart, the Secretary of the Senate of the State of Georgia, is hereby authorized and directed to present an appropriate copy of this Resolution with the Seal of the General Assembly affixed thereto to His Excellency, Governor Carl E. Sanders.

The president of the Senate briefly addressed the joint session, extending congratulations to the Governor on behalf of the Senate.

The speaker of the House briefly addressed the joint session, extending congratulations to the Governor on behalf of the House.

The secretary of the Senate presented to the Governor, on behalf of the General Assembly and Capitol representatives, a portrait of the Governor painted by Mr. Marvin Thompson of Atlanta, Georgia.

Governor Sanders accepted the portrait and expressed his thanks for the gift.

Senator Carlton of the 21st moved that the joint session be dissolved, and the motion prevailed.

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The president announced the joint session dissolved, and the senators returned to the Senate chamber and resumed the regular order of business.

The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this state; and for other purposes.

Senator Loggins of the 53rd moved that action on SB 1 be postponed until Monday morning, and the motion prevailed.

Senator Loggins of the 53rd moved that the Senate do now adjourn until Monday morning, and the motion prevailed.

The president announced the Senate adjoined until 10:00 o'clock Monday morning.

MONDAY, MAY 18, 1964

53

Senate Chamber, Atlanta, Georgia, Monday, May 18, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by Elder John Burden, a retired Primitive Baptist Minister of Swainsboro, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Young of the 13th reported that the journal of Friday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carl ton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.

The following bills and resolution were read the second time:

SR 19. By Senator Wesberry of the 37th: A resolution calling a Constitutional Convention; and for other purposes.

HB 18. By Messrs. Ware of Troup, Davis of Heard and others: A bill to amend an act providing an assistant solicitor general for the

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Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.

HB 19. By Mr. Henderson of Atkinson:
A bill to amend an act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; and for other purposes.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 8. Do Pass. SB 9. Do Pass. SB 10. Do Pass. SB 11. Do Pass. HB 4. Do Pass. HB 6. Do Pass. HB 7. Do Pass. HB 8. Do Pass. HB 9. Do Pass. HB 11. Do Pass. HB 13. Do Pass, by Substitute. HB 16. Do Pass. HB 18. Do Pass. HB 19. Do Pass.
Respectfully submitted, Brown of 34th district, Chairman

MONDAY, MAY 18, 1964

55

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 7. Do Pass.
HB 2. Do Pass, as Amended.
Respectfully submitted,
Smalley of 28th district,
Chairman.

The following bill, postponed from May 15, 1964, was put upon its passage:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The Committee on Kules offered the following substitute:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of th.e 16th, Gillis of the 20th and Zorn of the 6th:
AN ACT
To provide for the comprehensive regulation of federal, state and county elections, and of primaries to nominate candidates for federal, state and county offices, and to provide for the comprehensive regula tion of any federal, state and county primary or election for any other purpose whatsoever; to create the State Election Board and to define its powers and duties concerning elections; to define the powers and duties of the Secretary of State concerning elections; to define the powers and duties of ordinaries concerning primaries and elections; to create the offices of poll officers and to define their powers and duties concerning primaries and elections; to provide for the regis tration of electors to vote in primaries and elections; to recreate the boards of registrars and to define their powers and duties concerning the registration of electors and the preparation of electors lists for use in primaries and elections; to provide for the voting of electors in primaries and elections; to provide for the creation and alteration of election districts; to provide for the establishment and equipping of polling places; to prescribe the times for holding certain primaries

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and elections and to provide for the holding of special elections to fill vacancies in certain public offices; to provide for the registration of political organizations with the Secretary of State; to prescribe the basic structure of political organizations and to empower them to adopt rules and regulations to govern their affairs; to define the powers and duties of certain committees and subcommittees of certain political organizations; to provide for the nomination of candidates to seek public office through the holding of primaries or by the filing of nomination petitions or by other means; to provide for the filing of notices of candidacy with certain public officers for the purpose of having candidates' names printed on the ballots and ballot labels to be used in elections; to provide for the qualification of candidates seeking nomination in a primary or public office in an election; to
prescribe the form of nomination petitions; to prescribe the forms of ballots to be used in primaries and elections; to provide for the use of voting machines in primaries and elections and to prescribe the requirements governing such machines and their preparation; to provide for the use of vote recorders and tabulating machines in primaries and elections and to prescribe the requirements governing such devices and their preparation; to prescribe the method of preparing for and conducting primaries and elections; to establish the procedure for voting by absentee ballot in primaries and elections; to provide for the count and return of votes cast in primaries and elections; to prescribe the number of votes that a candidate must receive in order to obtain party nomination in a primary or to be elected to public office in an election; to prescribe the procedure for obtaining a recount of the votes cast in primaries and elections; to prescribe the procedure for contesting the results of primaries and elections; to prescribe the penalties for violations of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The following provisions shall constitute the "Georgia Election Code", and shall be Title 34 of the Code of Georgia and shall be inserted between Titles 33 and 35 of the Code of Georgia.

Title 34. Georgia Election Code.

Chapter 34-1. Preliminary Provisions.

Section 34-101. Short title.--This Act shall be known, and may be cited, as the "Georgia Election Code."

Section 34-102. Application of Code.--This Code shall apply to any general or special election in this State to fill any federal, state or county office, and to any general or special primary to nominate candidates for any such office, and to any federal, state or county election or primary for any other purpose whatsoever.

Section 34-103. Definitions.--The following words, when used in this Code, shall have the following meanings, unless otherwise clearly apparent from the context:

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(a) The word "ballot" shall mean an official ballot;

(b) The words "ballot card" shall mean the tabulating or punch card upon which an elector records his vote by the use of a vote recorder;

(c) The words "ballot labels" shall mean the cards, paper or other material placed on the front of a voting machine or vote recorder containing the names of offices and candidates and state ments of questions to be voted on;

(d) The word "custodian" shall mean the person charged with the duty of testing and preparing the voting machine or vote recorder for the primary or election and instructing the poll officers in the use of same;

(e) The word "election" shall mean any general or special election and shall not include a primary;

(f) The words "election district" shall mean a district, estab lished in accordance with the provisions of this Code, within which all electors vote at one polling place;

(g) The word "elector" shall mean any person who shall possess all of the qualifications for voting now or hereafter pre scribed by the laws of this State and shall have registered in accordance with the provisions of this Code;

(h) The words "general election" shall mean an election recurring at stated intervals fixed by law; and the words "general primary" shall mean a primary recurring at stated intervals fixed or provided for by law;
(i) The word "independent" shall mean a person unaffiliated with any political party or body;
(j) The word "managers" shall mean the chief manager and the two assistant managers required to conduct primaries and elections in any election district in accordance with the provisions of this Code;
(k) The word "municipality" shall mean an incorporated municipality;
(1) The word "nomination" shall mean the selection, in ac cordance with the provisions of this Code, of a candidate for a public office authorized to be voted for at an election;
(m) The words "November election" shall mean the general election held on the Tuesday next following the first Monday in November in each even-numbered year;
(n) The words "numbered list of voters" shall mean one or

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more sheets of uniform size containing consecutively numbered blank spaces for the insertion of voters' names at the time of and in the order of receiving their ballots;

(o) The word "oath" shall include affirmation and the "swear" shall include affirm;

(p) The words "official ballot" shall be deemed to include the list of offices and candidates, and the statements of questions on the voting machine or vote recorder;

(q) The words "paper ballot" shall not include a ballot card;

(r) The words "party nomination" shall mean the selection by a political party, in accordance with the provisions of this Code, of a candidate for a public office authorized to be voted for at an election;

(s) The words "political body" or "body" shall mean any political organization other than a political party;

(t) The words "political organization" shall mean an affilia tion of electors organized for the purpose of influencing or con trolling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office; except that the words "political organization" shall not include a "subversive organiza tion" as defined in the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. Laws, 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. Laws, 1953, Nov.-Dec. Sess., p. 73), or as the said Act may here after be amended;

(u) The words "political party" or "party" shall mean any political organization which at the preceding (i) gubernatorial election nominated a candidate for Governor, and whose candidate for Governor at such election polled at least twenty per cent of the entire vote cast in the State for Governor, or (ii) presidential election nominated a candidate for President of the United States, and whose candidates for presidential electors at such election polled at least twenty per cent of the entire vote cast in the Nation for that office;
(v) The words "poll officers" shall mean the chief manager, assistant managers and clerks required to conduct primaries and elections in any election district in accordance with the provisions of this Code;
(w) The words "polling place" shall mean the room provided in each election district for voting at a primary or election;

(x) The word "primary" shall mean any election held for the purpose of electing party officers or nominating candidates for public offices to be voted for at an election;

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(y) The words "public office" shall include every federal, state and county office to which persons can be elected by a vote of the electors under the laws of this State;

(z) The word "question" shall mean a brief statement of such constitutional amendment or other proposition as shall be sub mitted to a popular vote at any election;

(aa) The word "residence" shall mean domicile;

(ab) The words "special election" shall mean an election that arises from some exigency or special need outside the usual routine; and the words "special primary" shall mean a primary that arises from some exigency or special need outside the usual routine;

(ac) The word "superintendent" shall mean (i) the county executive committee of the political party holding the primary within a county (or its agent) in the case of a primary, and (ii) the ordinary of a county in the case of an election;

(ad) The words "tabulating machine" shall mean any data processing machine used in counting ballot cards and tabulating votes thereon;

(ae) The words "vote recorder" shall mean a device into which a ballot card may be inserted so that an elector may record his vote for any candidate and for or against any question by punch ing or marking the ballot card;

(af) The words "voting machine" shall not include a vote recorder or tabulating machine; and

(ag) The words "write-in ballot" shall mean the paper or other material on which a vote is cast for persons whose names do not appear on the ballot labels.

Section 34-104. Construction.--The provisions of this Code, so far as they are the same as those of existing laws, are intended as a continuation of such laws, and not as new enactments. The repeal by this Code of any act of the General Assembly, or part thereof, shall not revive any act, or part thereof, heretofore repealed or superseded. The provisions of this Code shall not affect any act done, liability or penalty incurred, right accrued or vested, or nomination made prior to the taking effect of this Code, nor shall they affect any suit or prosecution then pending or to be instituted to enforce any right or penalty then accrued or to punish any offense theretofore committed.
Section 34-105. Computation of time in certain cases.--When a number of days is prescribed in this Code as a deadline for the exercise of any privilege or the discharge of any duty and such number of days is modified by the words "at least", then the full number of such days shall intervene between the last day on which such privilege may be exercised or duty discharged and the subsequent event; and

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if the day prior to such full number of days shall fall on a Sunday or a legal holiday, then the next preceding business day shall be con sidered as the last day for the exercise of such privilege or the discharge of such duty.

Section 34-106. Subversive person not to be nominated or elected.-- No person shall be nominated or elected in accordance with the pro visions of this Code who is a "subversive person" as defined in the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. Laws, 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. Laws, 1953, Nov.-Dec. Sess., p. 73), or as the said Act may hereafter be amended.

Section 34-107. Person convicted of certain crimes not to serve as primary or election official or be nominated or elected.--No person shall serve as an ordinary, registration officer, poll officer or party officer, or be nominated or elected in accordance with the provisions of this Code, who has been convicted and sentenced finally in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this or any other State or of the United States, unless such person shall have been pardoned.

Chapter 34-2. State Election Board.
Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings.-- (a) There is hereby created a State board to be known as the "State Election Board" to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly who shall serve at the pleasure of the Senate, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly who shall serve at the pleasure of the House. If this Code should become effective at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board until such time as an elector is elected by the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until such time as an elector is elected by the House. In the event a vacancy should occur or exist in the office of an elected or appointed member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office served at the pleasure of the Senate, and the Speaker of the House of Representatives shall there upon appoint an elector to fill the vacancy if the prior incumbent of such office served at the pleasure of the House of Representatives. The Secretary of State shall be the Chairman of the Board. Two mem bers of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of the quorum to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own government and procedure.
(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its

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party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exercise of its powers or in the perform ance of its duties under this Code. An adviser shall receive no com pensation from public funds.

(c) Meetings shall be held whenever necessary to the performance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board.

Section 34-202. Duties of the Board--It shall be the duty of the State Election Board:
(a) To so supervise and coordinate the work of the Secretary of State, the ordinaries, the registration officers, the poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and honesty in all elections;
(b) To formulate, adopt and promulgate such rules and regu lations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary;
(c) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force;
(d) To publish and distribute such explanatory pamphlets regarding the interpretation and application of primary and elec tion laws as in the opinion of the Board should be distributed;
(e) To investigate when necessary or advisable the adminis tration of election laws, and frauds and irregularities in elections, and to report violations of the election laws to the appropriate solicitor general for further investigation and prosecution; pro vided, however, that the findings of such an investigation and any report concerning same shall not be publicly disclosed;
(f) To make such recommendations as it may deem ad visable to the General Assembly relative to the conduct and administration of primaries and elections;
(g) To employ such assistants as may be necessary; and

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(h) To take such other action, consistent with law, as the Board may determine to be conducive to the fair, legal and orderly conduct of elections.

Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board; judicial review.--(a) The State Elec tion Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any law of this State, or of any rule or regulation of the Board, concerning elections, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal or improper conduct in connection therewith.
(b) Any verdict, decision, judgment, decree, order, ruling or other judicial action by any court of this State in action wherein relief is sought affecting the calling, holding, conduct, determination, result, tabulation or certification of result of any election, or wherein an interpretation is sought of any law of this State, or of any rule or regulation of the Board, concerning elections, shall be void unless it affirmatively appears as a matter of record (i) that the Board was given at least five days' advance written notice of the time set for the particular trial, hearing or other proceeding as a result of which such verdict, decision, judgment, decree, order, ruling or other judicial action was entered, or (ii) that the Board or its counsel has waived such notice.
(c) The Supreme Court and Court of Appeals shall by rule provide for the summary and expeditious review of any such verdict, decision, judgment, decree, order, ruling or other judicial action, without regard to existing laws governing writs of error in other cases. It also shall be the duty of such Courts to consider applications for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Section 3'4-204. Power of Board to supersede county election of ficials; notice to ordinary; hearing before Board; judicial review.-- (a) When the State Election Board has reason to believe, on the basis of sworn information, that the laws governing elections, or the rules or regulations of the Board relating thereto, are not being, or will not be fairly, impartially or properly enforced or applied in any county, the Board shall issue to the ordinary of such county a notice of opportunity for hearing which may be served by any sheriff, his deputy, or agent of the Board, or by United States registered or certified mail.
(b) A notice of opportunity for hearing shall state the substance of the order which the Board proposes to issue under Subsection (h) hereof and advise such ordinary of his right to a hearing upon request to the Board if such request is received by it within the time specified in the notice.

(c) Whenever such ordinary requests a hearing in accordance with the provisions of this Section, the Board shall immediately set a date, time and place in the county of the residence of the ordinary for such hearing and shall forthwith notify the ordinary thereof.

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(d) A stenographic record of the testimony and other evidence submitted at the hearing shall be taken and filed with the Board. The Board shall pass upon the admissibility of evidence, but the ordinary may at any time make objections to the rulings of the Board thereon, and if the Board refuses to admit evidence, the ordinary shall make a proffer thereof and such proffer shall be made a part of the record
of such hearing.

(e) If the Board does not receive a request for a hearing within the prescribed time, the Board may enter the proposed order. If a hearing is requested and conducted as provided in this Section, the Board shall issue an appropriate order.

(f) An appeal may be taken by the ordinary from an order of the Board resulting from such a hearing to the superior court of the county of his residence (presided over by the senior judge of the superior court in time of service within a judicial circuit or circuits adjoining the judicial circuit containing the residence of the ordinary) by serving on the Board within three days after the date of entry of such order, a written notice of appeal, in duplicate, signed by the ordinary or his attorney, stating: (i) the order from which the appeal is taken; (ii) the grounds upon which a reversal or modification of such order is sought; and (iii) a demand for a certified transcript of the record of such order.
(g) Upon receipt of such notice of appeal, the Board shall im mediately make, certify and deliver to the clerk of such superior court a transcript of the record of the order from which the appeal is taken and a counterpart of the notice of appeal. Such notice of appeal and transcript of the record shall constitute the ordinary's complaint which shall be immediately heard and determined by the court presided over by the judge described in Subsection (f) above. The ordinary shall be entitled to a trial de novo of the issues and to the impaneling of a jury to try issues of fact. If the court determines that the action of the Board in issuing such order is arbitrary, capricious or un reasonable, then the court shall declare such order void; otherwise the court shall uphold the order. Either litigant shall have the right of appeal to the Supreme Court or the Court of Appeals as provided by law for civil cases in the superior courts.

(h) If the Board does not receive a timely request for hearing, or if the proposed order of the Board is not appealed within the pre scribed time, or if the proposed order of the Board is upheld on appeal, then the Board may issue an order, effective for a certain period: suspending and superseding all or any part of the powers and duties of the ordinary, his assistants, the poll officers, the registration officers, and other officials, concerning the preparation for, calling, holding, conduct, determination, result, tabulation or certification of result of any election; and directing that the powers and duties which would have been exercised and performed by such officials in these matters had they not been suspended and superseded, shall be exercised and performed by the persons designated by the Board who shall be resi dents of the county of the residence of the ordinary.

(i) In any county where the powers and duties of the election

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officials have been suspended and superseded in the manner pre scribed by this Section, the costs of conducting such election shall be borne by the county, and the Board may maintain action in any court of competent jurisdiction to enforce such liability.

(j) No person shall be required to exhaust the remedy afforded by this Section prior to seeking judicial relief; provided, that if an ordinary receiving such notice of opportunity for hearing fails to make a timely request therefor, he shall not be permitted to obtain judicial review of the order thereafter issued by the Board; and, provided further, that no trial court of this State, other than the one specified in Subsection (f) hereof, shall exercise jurisdiction over the procedure prescribed by this Section.
(k) The judge described in Subsection (f) and (g) above shall receive as expenses the same remuneration that he would receive for serving as judge in a court other than the court of his residence, if presiding in his circuit.

Section 34-205. Evidence; hearing; witness in contempt.--The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of witnesses. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person sub poenaed to attend or testify, such fact shall be reported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

Section 34-206. Compensation of members of Board.--Each member of the State Election Board shall receive a per diem to be fixed by the Governor (but in no event to exceed the per diem received by a member of the General Assembly when in session) and paid by the Secretary of State for each day spent in the work of the Board and shall receive his necessary traveling and other expenses incurred in the performance of his duty; provided, however, that the chairman of the Board shall receive no per diem.
Chapter 34-3. Secretary of State.

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Section 34-301. Powers and duties of Secretary of State.--The Secretary of State shall exercise all the powers granted to him by this Code, and shall perform all the duties imposed upon him by this Code, which shall include the following:

(a) To determine the forms of nomination petitions, ballots and other forms he is required to determine under the provisions of this Code;

(b) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing in accordance with the provisions of this Code and to settle any disputes concerning such statements;

(c) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him in accordance with the provisions of this Code;

(d) To certify to the proper ordinaries official lists of all of the candidates who have filed notice of their candidacy with him in substantially the form of the ballots to be used in the election, and shall add to such form the language to be used in sub mitting any proposed constitutional amendment or other question to be voted upon at such election;

(e) To furnish to the proper ordinaries all blank forms, including tally and return sheets, for use in all elections, and such forms shall have printed thereon appropriate instructions for their use;

(f) To receive from the ordinaries the returns of elections, to canvass and compute the votes cast for candidates and upon questions as required by the provisions of this Code;

(g) To furnish upon request a certified copy of any docu ment in his custody by virtue of the provisions of this Code and to fix and charge a fee to cover the cost of furnishing same; and

(h) To perform such other duties as may be prescribed by law.

Section 34-302. Records to be open to public inspection.--Except when otherwise provided by law, the election records of the Secretary of State, including registration statements, nomination petitions, af fidavits, certificates, tally papers, returns, accounts, contracts, reports and other documents in his custody, shall be open to public inspection and may be inspected and copied by any elector of the State during usual business hours at any time when they are not necessarily being used by the Secretary of State, or his employees having duties to per form in reference thereto; provided, however, that such public inspec tion thereof shall only be in the presence of the Secretary of the State, or his employee, and shall be subject to proper regulation for the safe keeping of such documents, and subject to the further provisions of this Code.

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Section 34-303. Preservation of records.--All election documents in the office of the Secretary of State shall be preserved therein for a period of one year and then the same may be destroyed unless other wise provided by law.
Chapter 34-4. Ordinaries.

Section 34-401. Powers and duties of ordinaries.--Each ordinary, within this county, shall exercise all the powers granted to him by this Code, and shall perform all the duties imposed upon him by this Code, which shall include the following:
(a) To receive and act upon all petitions presented by electors, the board of registrars, or the county executive committee of a political party for the division, revision, alteration, change or consolidation of election districts;
(b) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him in accordance with the provisions of this Code;
(c) To prepare and publish, in the manner provided by this Code, all notices and advertisements in connection with the conduct of elections, which may be required by law;
(d) To select and equip polling places for use in primaries and elections in accordance with the provisions of this Code;

(e) To purchase, preserve, store and maintain election equip ment of all kinds, including voting booths and ballot boxes, and to procure ballots and all other supplies for elections;

(f) To appoint poll officers and other officers to serve in elections in accordance with the provisions of this Code;

(g) To make and issue such rules, regulations and instruc tions, consistent with law (including the rules and regulations promulgated by the State Election Board), as he may deem neces sary for the guidance of poll officers, voting machine custodians and electors in elections;

(h) To instruct poll officers and others in their duties, call ing them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of elections in the several election districts of his county to the end that elections may be honestly, efficiently and uniformly conducted;

(i) To receive from poll officers the returns of all elections, to canvass and compute the same, and to certify as soon as prac ticable following the election the results thereof to such authorities as may be prescribed by law;

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67

(j) To publicly announce by posting in his office the results of all elections held in his county;

(k) To prepare annually a budget estimate of his expenses under this Code in which shall be set forth an itemized list of ex penditures for the preceding year and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and to submit the same at the time and in the manner and form other budget estimates of his county are now or may here after be required to be filed; and

(1) To perform such other duties as may be prescribed by law.

Section 34-402. Expenses of ordinaries and of elections to be paid by counties.--The governing authority of each county shall appropriate annually, and from time to time, to the ordinary of such county, the funds that shall be necessary for the conduct of elections in such county and for the performance of his other duties under this Code, including the payment: of the compensation of the poll officers, cus todians and other assistants and employees herein provided for; for the purchase or printing, under contracts made by the ordinary, of all ballots and other election supplies required by this Code, or which the ordinary shall consider necessary to carry out the provisions of this Code; for the maintenance of voting machines and of all other election equipment required by this Code, or which the ordinary shall consider necessary to carry out the provisions of this Code; and for all other expenses arising out of the performance of his duties under this Code.

Section 34-403. Records to be open to public inspection.--Except when otherwise provided by law, the election records of each ordinary, including nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports and other documents in his cus tody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county during usual business hours at any time when they are not necessarily being used by the ordinary, or his employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the ordinary, or his employee, and shall be subject to proper regulation for the safekeeping of such documents, and subject to the further provisions of this Code.

Section 34-404. Preservation of records.--All election documents in the office of the ordinary of each county shall be preserved therein for a period of one year and then the same may be destroyed unless otherwise provided by law.

Chapter 34-5. Poll Officers.
Section 34-501. Managers.--All primaries and elections shall be conducted in each election district by a board consisting of a chief manager, who shall be the chairman of such board, and two assistant managers, assisted by clerks as hereinafter provided. The managers of each election district shall be appointed by the superintendent for

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each primary and election. The superintendent shall make each ap pointment by entering an order which shall remain of record in his office, and shall forthwith transmit a certified copy of such order to the appointee. The order shall include the name and address of the appointee, his title, and a designation of the election district and primary or election in which he is to serve.

Section 34-502. Clerks.--Prior to the opening of the polls in each district at each primary and election, the superintendent shall appoint a sufficient number of clerks to serve therein at such primary or election.

Section 34-503. Qualifications of poll officers.--Poll officers shall be judicious, intelligent and upright electors of the county in which they are appointed and shall be able to read, write and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election at which he shall serve. A poll officer may serve in a primary in which he seeks election to party office unless prohibited by the rules of the party conducting the primary.

Section 34-504. Poll officers to be sworn.--All managers and clerks shall, before entering upon their duties at any primary or elec tion, be duly sworn in the presence of each other. The chief manager shall first be sworn by an assistant manager and the assistant man agers and clerks shall then be sworn by the chief manager. Each of them shall forthwith sign in duplicate the oath taken by him upon forms to be furnished by the saperintendent, and the same shall be attested by the officer who administered the oath.

Section 34-505. Oath of managers.--The following shall be the form of the oath to be taken by each manager:

I, ------------------------------------, do swear (or affirm) that I will
as a manager duly attend the ensuing election (or primary) during the continuance thereof, that I will not admit any person to vote, except such as I shall firmly believe to be registered and entitled to vote at such election (or primary), according to the laws of this State, that I will not vexatiously delay or refuse to permit any person to vote whom I shall believe to be entitled to vote as afore said, that I will use my best endeavors ot prevent any fraud, deceit or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially and faithfully perform my duties therein to the best of my judgment and ability.

Section 34-506. Oath of clerks.--The following shall be the form of the oath to be taken by each clerk:

I, __________________, do swear (or affirm) that I will as a clerk attend the ensuing election (or primary) during the continuance thereof, that I will use my best endeavors to prevent any fraud, deceit or abuse in carrying on the same, and that I will

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at all times truly, impartially and faithfully perform my duties therein to the best of my judgment and ability.

Section 34-507. Power of managers to administer oaths.--Each of the managers shall have the power to administer oaths to any person claiming the right to vote or in any matter or thing required to be done or inquired into by them under this Code.

Section 34-508. Compensation of poll officers.--The compensation of managers and clerks shall be fixed and paid by the superintendent.

Section 34-509. Instruction of poll officers in voting machine and vote recorder districts; unqualified officers not to serve.--In districts in which voting machines or vote recorders are to be used, the superin tendent, or the custodians appointed by him, shall instruct in the use of the voting machines or vote recorders, and in their duties in con nection therewith, all poll officers who are to serve at the primary or election, and who have not been previously instructed and found qualified. The superintendent shall give to each poll officer, who has received such instruction and is found qualified to conduct such primary or election with the voting machine or vote recorder, a certificate to that effect. For the purpose of giving such instructions, the superin tendent shall call such meeting or meetings of poll officers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his instruction and receive such instructions as shall be necessary for the proper conduct of the primary or election with voting machines or vote recorders. No poll officer shall serve at any primary or election at which a voting machine or vote recorder is used, unless he shall have received such instructions, shall have been found qualified to perform his duties in connection with the machine or recorder, and shall have received a certificate to that effect from the superintendent; provided, however, that this shall not prevent the appointment of a poll officer to fill a vacancy arising on the day of primary or on the preceding day.

Section 34-510. Identification badges for poll officers--Each poll officer, while in the performance of his duty, shall display conspicuously upon his person a badge showing his name and office, and such badge shall be supplied by the superintendent.
Chapter 34-6. Registration of Electors.
Section 34-601. Definition.--The words "registration officers", when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, one or more registrars or one or more deputy registrars or any combination thereof, as may be determined by the chief registrar.
Section 34-602. Elector's qualifications; applicants acquiring age and residence qualifications within six months permitted to register; electors not required to reregister.--No person shall vote in any primary or election held in this State unless he shall be: (a) registered as an elector in the manner prescribed by law; (b) a citizen of this State and of the United States; (c) at least eighteen years of age; (d) a

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resident of this State at least one year next preceding the date of such primary or election, and of the county in which he seeks to vote at least six months next preceding the date of such primary or election; and (e) possessed of all other qualifications prescribed by law. Any person who possesses the qualifications of an elector except those concerning age or residence or both, shall be permitted to register to vote if such person will acquire such qualifications within six months after the day of registration, provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of such qualifications. Notwithstanding any other provision of this Chapter, any person who was qualified and registered to vote at the time of the adoption of this Code shall not be required to reregister under the terms of this Chapter unless such person shall have become or becomes disqualified to vote, by reason of having been purged from the list of electors or for any other reason whatsoever, in which event, such person shall, in order to become registered to vote, reregister under the terms of this Chapter.
Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appointment in coun ties of over 160,000 in population.-- (a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of such county, three judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State, within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or re moval as hereinafter provided. Such judge shall have the right to re move one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. The judge shall appoint a successor in case of removal, death or resignation, who shall serve the unexpired term. He shall have the right to require the grand jury to recommend two persons for each vacancy if he so desires. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided.
(b) The terms of registrars serving under the provisions of the Voters' Registration Act of 1958 (Ga. Laws 1959, p. 269), as amended, shall continue until and expire on June 30, 1965. The first appointees under this Chapter shall take office on July 1, 1965, for a term of four years and until their successors are appointed and qualified,

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except in the event of resignation or removal as hereinbefore pro vided. The first new grand jury which convenes in each county in the year 1965, and each four years thereafter, shall submit to the judge the list of names as provided herein. Such list shall be submitted to the judge and the judge shall appoint the registrars and designate the chief registrar prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened, or if convened, failed to recommend, the judge shall appoint the registrars without the neces sity of any recommendation.

(c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman of the board of registrars, and, as chief registrar, shall perform those functions normally devovling upon the chairman. The chief registrar shall be compensated in an amount of not less than ten dollars per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than eight dollars per day for each day of service on the business of the board of registrars. In lieu of the above per diem compensation, the chief registrar may be compensated in an amount not less than seventy-five dollars per month and the other registrars in an amount not less than fifty dollars per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the above limitations, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under the provisions of this Chapter shall be fixed by the board of registrars with the approval of the governing authority of each county, and shall be paid from county funds.
(d) Any other provision of this Section to the contrary notwith standing, in any county of this State having a population of more than 160,000, according to the United States Decennial Census of 1960 or any such future census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar, who shall serve as such during his term of office. Such designation shall likewise be entered on the minutes of the gov erning authority. It shall be the duty of the governing authority to certify the appointments and designation to the Secretary of State within thirty days after such appointments and designation. In certifying such names to the Secretary of State, the governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the com pensation of the registrars shall be fixed by the governing authority of the county. The governing authority of the county shall have the right to remove one or more of such registrars at any time, for cause, after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of such removal or resignation of any registrar, his duties and authority as such shall terminate instanter. Successors shall be appointed by the governing authority. Each appointment or change in

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designation shall be entered on the minutes of the governing authority and certified as herein provided. The first appointments in any such county under the provisions of this Chapter shall be made in the year 1965 and the persons appointed shall assume office July 1, 1965. The persons presently serving as registrars in any such county shall con tinue to serve through June 30, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registrars.
Section 34-604. Deputy registrars.--The tax commissioner or tax collector of the county shall be a deputy to the board of registrars and shall perform the duties required of him under this Chapter. The tax collector or tax commissioner may, with the assent of the board, desig nate one or more of his own deputies, to act as additional deputies. The board of registrars may issue a written order releasing the tax commissioner or tax collector from the obligations imposed by this Chapter. The registrars may appoint additional deputies and hire clerical help to aid them in the discharge of their duties if the com pensation required therefor has been first approved by the governing authority of the county.
Section 34-605. Qualifications of registrars and deputy registrars. --Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar or deputy registrar or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector. No person shall be eligible to serve as chief registrar unless such person owns an interest in real property located within the county or unless such person is the spouse of such a property owner.
Section 34-606. Oath of registration officers.--Before entering upon his duties, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this State, to wit: "I do solemnly swear that I will faith fully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar."
Section 34-607. Registration officers privileged from arrest.-- Registration officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny or breach of the peace.
Section 34-608. Registration cards; supply; use.--The registrars of the several counties shall obtain a supply of registration cards which shall be used by them in connection with the application of those per sons seeking to register as electors. The governing authority of each county shall pay the costs of registration cards and other supplies from county funds.
Section 34-609. Form of registration cards.-- (a) The registra-

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tion cards, for use by persons other than military applicants, shall be in substantially the following form and contain all the following, but the registrars may require additional information and provide for its inclusion on the card. The form may be printed on cards or separate sheets of paper, but for convenience, the card, or sheet or sheets of paper, shall be referred to as the "Registration Card."

REGISTRATION CARD

Name ....._ ....._._.__....... ----------------__--,._-- --

(Printed (First) (Middle or (Maiden) (Last)

or Typed)

Initial)

Election District ______-_______________-__,,__._.____.___________

Mailing Address ________________________________________________________

Age--________ Place of Birth.. (Town or City)

(County)

(State)

Date of Birth------------------------------------_ Sex______________

(Month)

(Day)

(Year)

Color of Eyes_------------------____ Color of Hair--____________.__

Weight__--_------------- Height__________ Race__________-_ Occupation _,,_--__--_________--__--________________________--.

Social Security No. ______________________________________________________ (If known at the time of application.)

Mother's Maiden Name ___-_________----_--_-____--__--____

Father's Name ___-_--_______------_____--_---- --_--______--_____

Will assistance in marking or voting ballot be required in the

manner permitted by law?

(Yes)

(No)

Georgia, ______________________________ County.

I do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that I am at least eighteen years of age, or will be on the ____________ day of---_.----_------_----_--_--, 19--------- ; that I have resided in this State for at least one year, and in this county for at least six months, immediately preceding the date of this oath, or will have so resided on the ______ day of--.--------------------, 19--------; that I possess the qualifications of an elector required by the laws of this State; that I am not registered to vote in any other county; that I am not registered to vote under any other name; that I have correctly answered the questions appearing elsewhere on this card under the words: "Questions Propounded to Applicant"; and that the information contained elsewhere on this card is true.
(Sign here) _--____._--_--_________________,,_ (Signature shall be the same as name appearing elsewhere on card.)

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Sworn to (or affirmed) and subscribed before me this day of----------------------, 19--------.

(Deputy) Registrar
Questions Propounded to Applicant.
Have you ever been convicted in any court of competent juristion of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with im prisonment in the penitentiary? If so, what was the offense, the place and court of conviction and the approximate date? If so, and if pardoned, what was the date of the pardon?
Do you desire to qualify as an elector by reason of your ability to read and write the English language, or by reason of your ability to answer the standard list of questions?

Board of Registrars

(The space above shall be marked approved or rejected after the examination of the applicant's qualifications.)
(b) The registration cards for use by applicants for absentee registration shall be in substantially the same form as the above form of registration card, except that the affidavit and "Questions Propounded to Applicant" portions shall be eliminated and in lieu thereof the following form of affidavit shall be used:
I do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that I am at least eighteen years of age, or will be on the ________ day of ___------.__--___, 19--------; that I have resided in this State for at least one year, and in the County of._._--__-______----------_----_-------- for at least six months, immediately preceding the date of this application, or will have so resided on the ._.._...__,,. day of ,,_------.------__..___, 19----_..; that my residence for voting purposes is located at--_ __,,___------______------___ in such County; that my temporary address outside of this State is~~______________________ ------------------------__------; that I am (a member of the armed forces of the United States and in active service) * (a member of the Merchant Marines of the United States) * (a civilian employee of the United States)* (a member of a religious group or welfare agency assisting members of the armed forces of the United States, and officially attached to and serving with such armed forces) * [(spouse)* (dependent)* of a person described in the above circled category] *; that I possess the qualifications of an elector required by the Constitution of the State of Georgia; that I am not registered to vote in any other county; that I am not registered to vote under any other name; that I have never been convicted in any court of

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competent jurisdiction of treason against the State of Georgia, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the peni tentiary, or if so convicted, that I have been pardoned; and that the information contained elsewhere on this card is true.

(Sign here) _ (Signature shall be the same as name appearing elsewhere on card.)
(*Strike if not applicable.)

(This affidavit or affirmation must be sworn to or affirmed before an official authorized to administer oaths by the law of the place of executing this application.)
Sworn to (or affirmed) and subscribed before me this ___-_ day of _..._.__,,_....._........._..._..., 19_-__.

(Signature of official administering oath.)

(Typed or printed name and office of official.)

(Typed or printed identification number, if any, and address of such official if security requirements permit.)
(c) The board of registrars may require that registration cards be executed in duplicate.
Section 34-610. Keeping of registration cards and other papers; voter registration places.--In those counties where the registrars have an office separate from the office of the tax collector or tax commis sioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the tax collector or the tax commissioner. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The chief registrar, in addition to the main office, may designate other places in the county to be used for the purpose of receiving applications for registration and for the registration of electors. In any county having a population of more

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than 100,000, according to the United States Decennial Census of 1960 or any such future census, the chief registrar in each even-numbered year shall designate and staff, on a full or part time basis, additional voter registration places within the county at least six months prior to the voter registration deadline for the November election in that year. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars.

Section 34-611. Applications for registration; forty-five day regis tration deadline for November election.--The registrars shall, in each year in which there is a November election, cease their operations of taking applications from persons desiring to vote in such election at the close of their business on the forty-sixth day prior to such election. During the period while the November election list is being prepared, they may suspend the operation of taking applications from those desiring to vote in subsequent primaries and elections, provided the main office shall be kept open at least one day and the same day in each week during this period for receiving applications. The registrars may also suspend the operation of taking applications on any day in which a primary or election is held.

Section 34-612. Applications for registration; furnishing of in formation; administration and attestation of oath required of applicant. --Any person desiring to register as an elector shall apply to a registrar or a deputy and shall furnish such officer with information which will enable him to fill in all of the blanks appearing on the registration card. On completion of the form the officer shall administer the oath to the applicant and then have him sign it, and the officer shall then attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant, and if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto.

Section 34-613. Referral of cards to registrars; rejection of ap plications; notification to and examination of applicants; alternative method of registration.-- (a) All registration cards shall be referred to the registrars and examined by them within ten days from the date of the application. If the answer to the question propounded to the applicant relating to the offenses enumerated in Paragraph I of Sec tion II of Article II of the State Constitution is answered in the af firmative and the applicant has not been pardoned, the registrars shall reject the application. If such question is answered in the negative, the board shall notify the applicant in writing to appear before it on a day and time certain. At that time, the applicant shall be subjected to an examination as to his qualifications. Such notice shall be given within five days after the date of the examination of the card. The examination of the applicant shall be conducted in accordance with the procedure hereinafter prescribed.

(b) Notwithstanding any other provision of this Chapter, if addi tional places for registration have been designated, the chief registrar shall designate one or more registrars or one or more deputies, or any combination thereof, to act as a board of registrars for the purpose of

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taking applications for registration, examining applicants and regis tering persons to vote at each place of registration. Applicants who are qualified shall be registered to vote at the time of application. While so acting, such registrar or registrars, or deputy or deputies, or combination thereof, shall have all the rights and powers and shall be subject to all the limitations that are applicable to the board of registrars.

Section 34-614. Failure of applicant to give information or giving of false information.--The failure on the part of the applicant to dis close information sought by a direct question of the registration officers in connection with the taking of the application or at subsequent pro ceedings, or the giving of false information, shall result in the applica tion being rejected by the registration officers, and shall also be a cause for challenge, which, if sustained, shall result in the elector's name being removed from the list.

Section 34-615. Appeals from decisions denying or allowing regis tration.--Any person to whom the right of registration is denied by the registration officers upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph IV of Section I of Article II of the State Constitution shall have the right to take an appeal to the superior court of the county, and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register under such subdivisions. All appeals must be filed in writing with the board of registrars within ten days from the date of the decision complained of, and shall be returned by the board of registrars to the office of the clerk of such court to be tried as other appeals. Pending an appeal and until the final judgment of the case, the decision of the registration officers shall remain in full force.
Section 34-616. Storage and destruction of records of rejected ap plicants.--In the event an applicant is refused registration by the regis tration officers, the application of such person and other material and records relative thereto shall be placed on file with the other records of the board of registrars for at least two years from the date of refusal.

Section 34-617. Test of qualifications to be applied by registration officers.--When an applicant appears before the registration officers for examination, they shall proceed as hereinafter provided.

(a) If the applicant applies for registration and seeks to qualify on the basis of literacy, the registration officers shall submit to him a paragraph of the Constitution of the State of Georgia or of the United States and the applicant shall be required to read it aloud and write it in the English language. If the applicant reads the paragraph intelligibly and writes it legibly, possesses the other necessary qualifica tions and is not disqualified for any reason, the card shall be marked approved and the applicant shall be considered an elector. Otherwise the registration card shall be marked rejected. If the applicant states that solely because of physical disability, he is unable to read or write, the paragraph shall be read to him by a registration officer and he shall be called upon to give a reasonable interpretation thereof. The

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interpretation shall give to the words the significance ordinarily at tached to them by a layman of average intellect and attainments. If, in the opinion of the registration officers, the applicant gives such a reasonable interpretation, possesses the other necessary qualifications and is not disqualified for any reason, the card shall be marked approved and the applicant shall be considered an elector. Otherwise, the regis tration card shall be marked rejected.

(b) If the applicant applies for registration and seeks to qualify on the basis of his good character and his understanding of the duties and obligations of citizenship under a republican form of government, he shall be given an examination based upon a standard list of questions as hereinafter provided.
(c) In all situations arising under this Code where the applicant or the elector, as the case may be, is required to be served with a notice of a hearing, such notice, unless otherwise provided herein, shall specify a date not less than three nor more than thirty days after the date of the notice. The notice may be served by mailing it to the applicant or the elector at the address given on his registration card. In the alternative, the registration officers may proceed to the examination of the applicant instanter and without notice.
(d) Failure to appear at the time specified in any notice given under the provisions of this Chapter shall constitute cause for rejecting an application or of removing an elector's name from the list. In either event, no new application for registration shall be received from any such person until after the beginning of the next calendar year, pro vided, however, an application may be reinstated and an elector's name returned to the list if such person can satisfactorily account for his failure to appear at the time specified in such notice.

(e) In all cases under this Section and under this Chapter where an application is rejected or an elector's name is removed from the list, the registrars on the day of such event shall notify such person by mail directed to the address shown on the registration card. If any adverse decision is reached when such person is present and he is so notified by the board, no written notice shall be required.
Section 34-618. Oral examination of applicants on standard ques tions.--The examination which the registration officers shall submit to an applicant who claims the right to register on the basis of good char acter and understanding of the duties and obligations of ciizenship under a republican form of government, shall be based upon a standard list of questions, and the questions on this list and no others shall be sub mitted to such applicant. In order to ascertain whether an applicant is eligible for qualification as an elector in this classification, a regis tration officer shall orally propound to him the thirty questions on the standardized list set forth in Section 19 of an Act approved March 29, 1958 (Ga. Laws, 1958, pp. 269, 279). If the applicant can give correct answers to twenty of the thirty questions as they are propounded to him, possesses the other necessary qualifications and is not disqualified in any other way, the card shall be marked approved and the applicant shall be considered an elector. Otherwise, the registration card shall be marked rejected.

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Section 34-619. Absentee registration.-- (a) Notwithstanding any other provision of this Chapter, a resident of the State of Georgia who is temporarily residing outside of the State and who is: (i) a member of the armed forces of the United States while in active service; (ii) a member of the merchant marine of the United States; (iii) a civilian employee of the United States; (iv) a member of a religious group or welfare agency assisting members of the armed forces of the United States, who is officially attached to and serving with such armed forces; or (v) the spouse or dependent of a person described in categories (i), (ii), (iii), or (iv) above; may register to vote by complying with the provisions of this Section, and such person shall be herein referred to as an "absentee applicant".

(b) Any absentee applicant or, upon satisfactory proof of relation ship, his mother, father, sister, brother, spouse, daughter or son of the age of eighteen or over, may at any time apply to the board of registrars of the county of such applicant's residence for a registration card to be mailed to such applicant. The application shall be in writing and shall contain the name and residence address of the absentee applicant, and the address he desires to have the card mailed to, and such other in formation as the board of registrars may require. When appropriate, the rank, branch of service and serial number of the applicant shall be included in the application.

(c) The board of registrars, upon receipt of such application, shall enter thereon the date it is received and, upon finding such absentee applicant to be unregistered, shall immediately mail to him a blank registration card accompanied by a properly addressed envelope. The board shall employ air mail in cases where it will facilitate voting by such applicant.

(d) Upon the return of such registration card, properly completed and executed by the absentee applicant, the board of registrars shall place the name of such elector upon the elector's list and such registra tion shall have the same effect as a registration consummated under other provisions of this Chapter. The date a registration card is mailed or delivered to an applicant and the date it is returned shall be entered on the application therefor.

(e) Any person within one of the five categories described in Sub section (a) above may apply for a registration card or an absentee ballot by the use of a standard form furnished by the Federal Govern ment which contains the information required by this Code. An envelope containing a registration card or absentee ballot for transmission to such person may be prepared in such a manner as to take advantage of the free mail delivery furnished by the Federal Government.

Section 34-620. Permanency of registration; biennial revision of records; reregistration.-- (a) The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one general primary or general election, as provided in this Section, within a three-year period unless he shall specifically request continuation of his registration in the manner hereinafter provided.

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(b) Within sixty days after the first day of January, beginning in the year 1965, and biennially thereafter, the registrars shall revise and correct the registration records in the following manner. They shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general primary or general election within the three years immediately preceding such first day of January. On or before March 1st of such year they shall mail notice by first class mail to each elector, at his last known address, stating substantially as follows: "You are hereby notified that according to State law, your registration as a qualified voter will be cancelled for having failed to vote within the past three years, unless before April 1st of the current year you continue your registration by applying in writing to the board of registrars." Effective April 1, 1965, and biennially thereafter, the registrars shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of electors prior to May 1st of that year.

(c) Any elector whose registration has been thus cancelled may reregister in the manner provided for original registration in this law. No person shall remain an elector longer than he shall retain the qualifi cations under which he is registered.

Section 34-621. Filing of disqualification lists with registrars.-- The Clerk of the superior court of each county shall, on or before the 10th day of each month, prepare and file with the registrars a complete list, alphabetically arranged, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suffrage restored to him. The ordinary of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity during the preceding month. The local registrar of vital statistics of each county shall, by such date, file a similar list of those persons who have died during the preceding month. Each such list shall contain such other information as may be necessary to individually identify persons having the same or similar names.

Section 34-622. Preparation of electors list. The registrars, not later than the voter registration deadline for the November election in each even-numbered year, shall begin the work of perfecting a true and correct list of the electors of their county for use in such election. They shall place on such list only those persons they have found to be prima facie qualified to vote and those persons whom they shall subsequently find to be prima facie qualified to vote. In preparing such list, they shall examine the lists of disqualified persons furnished them and if any applicant's name is found thereon, they shall not place his name on the electors list. If the information comes to them after the prepara tion and filing of the list, they shall call upon him to show cause why it should not be removed from the list. They shall also indicate on such list the names of those electors who are eligible to receive assistance in voting and who have notified the registrars of such eligibility. The registrars shall proceed with their work of perfecting such list of elec-

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tors and shall complete the same as soon as practicable but in no event later than five days prior to the November election.

Section 34-623. Filing of certified lists with superior court clerk and Secretary of State; obtaining lists from Secretary of State and board of registrars; arrangement of names; appearance of name on list as prerequisite to voting.--Within three days after completing such list of electors, the registrars shall file with the clerk of the su perior court of their county and the Secretary of State a certified copy of such list. When requested, it shall be the duty of the Secretary of State or of the board of registrars, as the case may be, to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to one cent for the name of each elector appearing thereon. The list shall be alphabetically arranged by election districts and it shall be the list of electors for the November election to be held in such year. No person whose name does not appear on such list shall vote or be allowed to vote at such November election, except as hereinafter provided.

Section 34-624. Right of electors named on list to vote; purging lists; consolidation of lists.--Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however: (a) that an elector shall not vote in more than one party primary for the nomination of candidates to seek public offices to be filled in the same election; (b) that if he voted in one of such primaries and one or more of them result in a runoff primary or primaries, he shall vote in only the runoff primary, if any, conducted by the party in whose primary he has just voted; and (c) that if an elector does not vote in any of the pri maries referred to in clause (a) and they result in one or more runoff primaries, he shall not vote in more than one of such runoff primaries. Nothing in this Section shall be construed so as to prevent the registrars from purging such list and any supplemental list, as provided for hereinafter, and removing therefrom those persons not entitled to vote. It shall be the duty of the registrars to consolidate such list and any such supplemental list for any such primary or election and to make certain that no person is listed more than once.
Section 34-625. Registration of persons to vote in general primaries and general elections other than November elections.--If any person whose name is not on such registration list desires to vote at any general primary or election other than a November election, he shall at least forty-five days prior to the primary or election at which he desires to vote, apply to be registered as an elector, and his application shall be processed in the same manner as the applications of persons qualifying to vote in a November election. The registrars shall, at least forty-five days prior to such primary or election, other than the November election, cease taking applications to qualify persons to vote in such primary or election and shall, as soon as practicable thereafter but in no event later than five days prior to such primary or election, pass upon such qualifications in the same manner as in other cases and file with the clerk of the superior court and the Secretary of

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State a certified supplemental list showing the names of additional electors who are entitled to vote at such primary or election sub sequent to the preceding November election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sen tence of Section 34-624. The registrars shall purge such list before filing it of the names of all persons who will not be qualified to vote at such primary or election. All electors on such list shall have the same rights as to primaries and elections held subsequent to such primary or election as persons on the list for the preceding November election.

Section 34-626. Registration of persons to vote in special primaries and elections.--Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next general election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day (if a Sunday or a legal holiday, then on the next following business day) after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein, and proceed to examine into the qualifications of the applicants in the same manner as herein provided with reference to applicants desiring to qualify to vote in November elections. The registrars shall then prepare a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Section 34-624, but the registrars shall purge such list before filing it of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certi fied list so prepared and arranged alphabetically and divided according to election districts as in the case of November election lists, shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November election, and the other made up of the names of those entitled to vote by reason of their subsequent registration as hereinbefore provided, subject to the limitations pre scribed in the proviso contained in the first sentence of Section 34-624, and no one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists. No provision of this Section is intended to conflict with the provisions of the State Constitution prohibiting the special registration of electors to vote in a special election to pass upon the issuance of bonds.

Section 34-627. Right of registrars to re-examine qualifications of electors listed; subpoenaing of documents and witnesses; service of summonses; notices and subpoenas; notice of hearing to elector whose right to remain on list is questioned.--(a) The board of registrars

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of each county shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector whose name is entered upon the list of electors, and shall not be limited or estopped by any action previously taken.

(b) For the purpose of determining the qualification or disqualifi cation of applicants and electors, the registrars may, upon at least five days' notice, require the production of books, papers and other, material, and upon like notice may subpoena witnesses. The registrars may swear any witness appearing before them. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of two of the registrars shall control.

(c) The sheriff, his deputy, or any lawful constable of such county shall serve all summonses, notices and subpoenas, as issued by such registrars and placed in the hands of any such official. Such official shall receive such compensation as is provided for like services in the superior court. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the registrars to the appropriate superior court or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

(d) If the right of any person to remain on the list of electors, whose name appears thereon, is questioned by the registrars, they shall give such person written notice of the time and place of a hearing to determine such right which shall be served upon such person in the manner herein provided for other notices.

Section 34-628. Challenge of listed persons by other electors; proceedings upon challenge.--(a) Any elector of the county shall be allowed to challenge the right of registration of any person whose name appears upon the electors list, and upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall specify the grounds of the challenge, and when notice is given the elector by the registrars, a copy of such challenge shall be furnished the chal lenged elector at least one day before passing upon the same. Any elector of the county shall also be allowed to challenge the qualifica tions of any applicant for registration.

(b) Any other provision of this law to the contrary notwithstand ing, no challenge as provided in this Section shall be valid as to a person who has registered to vote prior to March 25, 1958, on the grounds that such person does not come within either of the classes provided in the two subdivisions of Paragraph IV of Section I of Article II of the State Constitution.

Section 34-629. Voting only from lists; right of electors where no polling place established in their district; right of electors to vote in district containing county courthouse:--(a) All persons whose names

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appear on the list of electors placed in the possession of the managers in each election district, and no others, shall be allowed to deposit their ballots according to law, at the election district in which they are registered, but not elsewhere, except as hereinafter provided in this Section and in Section 34-1407.

(b) In any primary or election held in an election district (not containing the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed on such ballots or ballot labels, then the polling place in such district shall not be established and the registrars shall furnish to the managers of the polling place in the election district containing the county courthouse the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their district.

(c) An elector, who resides in an election district which does not contain the county courthouse and whose name appears upon the electors list for such district, shall be allowed to vote at the polling place of the district containing the county courthouse. In cases where there is a variation in the candidates or questions voted upon as between such districts and where the poll officers of the district containing the county courthouse do not possess paper ballots of the district of the elector's residence, a poll officer of the district containing the county courthouse shall, prior to furnishing such elector with a paper ballot, mark out the name of each candidate and the statement of each question which the elector would not have been entitled to vote for had he voted in the district of his residence. The elector in voting such ballot shall be entitled to make a write-in vote for any candidate whose name is printed on the ballots of the election district of his residence, but not printed on the ballot furnished him. After the polls are closed, a poll officer of the district containing the county courthouse shall examine the electors list of the district of such elector's residence, and if he finds that the elector has voted more than once in the primary or elec tion, he shall report such information to the solicitor general.

Section 34-630. Place of voting where change is made in county lines.--When any portion of a county is changed from one county to another, the persons who would have been qualified to vote in the county from which taken, at the time of any primary or election, shall vote in the county to which they are removed, and if required to swear or certify, the oath or certification may be so qualified as to contain this fact. The name of such elector shall be kept and checked as here inbefore provided.

Section 34-631. Change of residence of elector.--(a) Any elector, upon moving his residence to another county may, if he is otherwise qualified, have his name placed upon the list of electors of the county of his new residence as hereinafter provided. Such elector shall make application to the board of registrars of the county of his new residence to have his name placed upon the list of electors of such county. Such

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application shall be in writing, shall contain such information as the board may require, and shall also contain an affidavit in substantially the following form:
Georgia, --------______--__---- County.

I do swear (or affirm) that I have resided in this County for at

least six months, immediately preceding the date of this oath, or

will have so resided on the --_----__ day of __----_~----_----___,

19__; that I am not registered as an elector in any other county,

except the County of.----------------.--______; and that I have not

become disqualified to vote since I registered in ________----__

__.._..___..__.__--__-- County.

(County from

which transferring)

This ----.-- day of --__,,___.

Signature
After receipt of such application in proper form, the board of registrars of the county of the applicant's new residence shall obtain from the board of registrars of the county of his immediate former voting residence a registration transfer certificate which shall be in substantially the following form:
I hereby certify that __----__------------__________________....-- (Name of Elector)
was a properly registered elector of the County of----------__.....__ until.------------------_____.._; and that on such date his name
(Month) (Day) (Year) was removed from the list of registered electors of this County for the purpose of transferring his registration to..--------_..____________ County.
This.------ day of----....--.

Chief Registrar of
.....County.
Upon receipt of such certificate, the board of registrars of the county of the applicant's new residence shall place his name upon the list of electors of the county.
(b) An elector whose registration has been transferred shall be entitled to vote in any primary or election that he would have been entitled to vote in had he registered to vote on the day of the transfer. No person shall vote in any county except the county of his residence.
(c) In the event any elector moves to a residence within the county, which has a different address from the address contained on such

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person's registration card, it shall be his duty to notify the board of registrars of such fact, and the board shall place such person's name on the proper list of electors. If the board, of its own knowledge, knows of such move, it may make the proper changes.

Section 34-632. Rules for determining residence.--In determining the residence of a. person desiring to register to vote, the following rules shall be followed so far as they are applicable:

(a) The residence of any person shall be held to be in that place in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he intends to return;

(b) A person shall not be considered to have lost his residence who leaves his home and goes into another state, or county in this State, for temporary purposes only, with the intention of returning;

(c) A person shall not be considered to have gained a resi dence in any county of this State into which he has come for temporary purposes only, without the intention of making such county his permanent place of abode;

(d) If a person removes to another state with the intention of making it his residence, he shall be considered to have lost his residence in this State;

(e) If a person removes to another state with the intention of remaining there an indefinite time and making such state his place of residence, he shall be considered to have lost his residence in this State, notwithstanding he may intend to return at some indefinite future period;

(f) The place where a man's family resides shall be considered his residence, but if it be a temporary establishment for his family, or for transient purposes, it shall not be so considered;

(g) If a man has his family living in one place and he does business in another, the former shall be considered his residence, but when a man has taken up his abode at any place with the intention of remaining there, and his family refuses to reside with him, then such place shall be considered his residence; a married woman not living in a household with her husband may establish a separate voting residence from that of her husband;

(h) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing, neither shall the fact of removal without the intention;

(i) No member of the armed forces of the United States shall be deemed to have acquired a residence in this State by reason of being stationed on duty in this State;

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(j) If a person removes to the District of Columbia or other Federal territory, another state, or foreign country to engage in the government service, he shall not be considered to have lost his residence in this State during the period of such service, and the place where the person resided at the time of his removal shall be considered and held to be his place of residence;

(k) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, he shall not be considered to have gained a residence for voting purposes in the county in which the institution to which he is committed is located; and

(1) If a person goes into another state and while there exer cises the right of a citizen by voting, he shall be considered to have lost his residence in this State.

Section 34-633. Return of checked list and voter's certificates; registrars to keep list and certificates open to public inspection; availability to grand jury.--The chief manager in each election district shall return a checked list of electors, reflecting those who voted and those who received assistance in voting and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such list and certificates open for public inspec tion and shall make such list and certificates available to the next grand jury for such action as may be deemed proper by the grand jury.

Section 3'4-634. Lists and registration cards open to public in spection; hearings and performance of all duties by registrars to be public.--The lists of electors and registration cards shall be open at all times to the reasonable inspection of any citizen of the county, but shall not be removed for such inspection from the custody of the officer in charge. All the duties herein required of the registrars and all hearing of evidence upon the qualifications of electors shall be dis charged in public.

Section 34-635. Annual budget of registrars.--The board of reg istrars of each county shall prepare annually a budget estimate in which it shall set forth an itemized list of its expenditures for the preceding year and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and submit the same at the time and in the manner and form other county budget estimates are now or may hereafter be required to be filed.

Section 34-636. Use of certified list of Secretary of State where registrars' records destroyed.--In any county where the registration records have been destroyed, the list of electors which has been certified to the Secretary of State, or a copy thereof, may be used in compiling a new list.

Section 34-637. Duty of registrars to furnish list for elections held in governmental subdivisions; determination of compensation for furnishing such list.--(a) Whenever the authority of a governmental subdivision within a county, who is charged with the responsibility of holding elections, shall request the board of registrars of the county

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to furnish a list of electors qualified to vote in the election involved and residing within the limits of such subdivision, it shall be the duty of the board of registrars to promptly prepare and furnish such a list.
(b) The county shall be compensated, for the work of the board of registrars in preparing and furnishing such list, in an amount agree able to the board and the authority of such governmental subdivision in charge of the election involved. If they are unable to agree upon such amount, then it shall be determined by the State Election Board,
Chapter 34-7. Election Districts and Polling Places.
A. ELECTION DISTRICTS
Section 34-701. Election districts.--Each voting precinct now exist ing shall constitute a separate election district, unless divided into two or more, or consolidated into one or more, election districts, as herein after provided.
Section 34-702. Creation of new election districts.--Subject to the provisions of Section 34-701, the ordinary of the county in which the same are located, may, on petition as provided in Section 34-703, divide or redivide any election district into two or more election districts of compact and contiguous territory, or alter the bounds of any election district, or form an election out of two or more adjoining districts or parts of districts, or consolidate adjoining election districts, so as to suit the convenience of the electors and to promote the public interests. No election district shall be formed that shall contain less than one hundred electors. The bounds of an election district shall not be altered on a day in which a primary or election is held, or during the period of sixty days prior to any general primary or election, or during the period of thirty days prior to any special primary or elec tion. The odinary shall promptly notify the board of registrars of any change in the bounds of election districts.
Section 34-703. Petitions for new election districts.--(a) Upon the petition of twenty electors, or of the county executive committee of a political party, to the ordinary of the county, praying for the division or redivision of an election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolidation of adjoining election districts, the ordinary shall refer such petition to the board of registrars, which shall make a full investigation of the facts, and shall promptly report to the ordinary its findings and recommendations as to the division, redivision, alteration, formation or consolidation of the election districts prayed for. If the board of registrars shall find that a division, redivision, alteration, formation or consolidation of election districts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, altera tion, formation or consolidation of election districts, and shall accompany its report with a map, plot or draft of the new election district or districts proposed by it, if the same cannot be fully designated by natural lines. Such petitions may specify the boundaries desired by

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the petitioners and may be accompanied by a map setting forth such boundaries.

(b) The board of registrars may also petition the ordinary for the division or redivision of any election district into two or more election districts, or for the alteration of the bounds of any election district, or for the formation of one or more election districts out of two or more existing election districts, or parts thereof, or for the consolida tion of adjoining election districts, accompanying its petition by a description of the proposed new election districts and by a map, plot or draft thereof, if the same cannot be fully designated by natural lines.

(c) Upon the presentation of any such petition by the board of registrars or upon the filing by the board of its report and recom mendations as to any petition presented under the provisions of Sub section (a), the ordinary may make such order for the division, redivision, alteration, formation or consolidation of election districts, as will, in his opinion, promote the convenience of electors and the public interests; provided, however, that the ordinary shall not make any final order for the division, redivision, alteration, formation or consolidation of election districts until at least ten days after notice shall have been posted in at least five public and conspicuous places in the district or districts to be affected thereby, one of which notices shall be posted on or in the immediate vicinity of the polling place in each such district. Such notice shall state briefly the division, redivision, alteration, formation or consolidation of election districts recommended by the board of registrars, and the date upon which the same will be considered by the ordinary, and shall contain a warning that any person objecting thereto must file his objections with the ordinary prior to such date. Upon the making of any such final order by the ordinary, a copy thereof shall be certified by him to the board of registrars.

(d) In any county having a population of more than 250,000, ac cording to the United States Decennial Census of 1960 or any such future census, the powers and duties conferred upon the ordinary by this Section and Section 34-702 shall be exercised and performed by the governing authority of the county.

Section 34-704. Cost of proceedings.--In all cases of the division, redivision, alteration, formation or consolidation of election districts, the costs of the proceedings shall be paid by the county.

B. POLLING PLACES
Section 34-705. Polling places to be selected by ordinary.--(a) The ordinary shall select and fix the polling place within each election dis trict and may, at any time, for any reason that may seem proper to him, either on his own motion or on petition of ten electors of an election district, change the polling place within any election district. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which renders any polling place unavailable for use at such primary or election, the ordinary shall not change any polling place until at least five days after notice of the

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proposed change shall have been posted on the existing polling place and in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place, or his agent.

(b) Except in case of emergency or unavoidable event, occurring within ten days of a primary or election, which renders any polling place unavailable for use, if a petition be presented to the ordinary on or before the day set for hearing of the petition for change of a polling place, signed by a majority of the electors of the district, ob jecting to the proposed change, such change shall not be ordered.

Section 34-706. Public buildings to be used where practicable; portable polling places.--(a) In selecting polling places, the ordinary shall, wherever practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. School, county, municipal or other governmental authorities shall, upon request of the ordinary, make arrangements for the use of their property for polling places; provided however, that such use shall not substantially inter fere with the use of such property for the purposes for which it is primarily intended.
(b) The ordinary, in his discretion, may procure and provide port able or movable polling facilities of adequate size for any election district.

Section 34-707. Temporary polling places.--If, in any election district, no proper polling place can be obtained, the ordinary shall cause to be constructed for such district, a temporary room of adequate size to be used as a polling place.

Section 34-708. Equipment and arrangement of polling places; guard rail; number of voting compartments or voting machines.-- (a) The ordinary shall cause all rooms used as polling places to be suitably provided with heat and light, and, in districts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies, in which electors may conveniently mark their ballots, with a curtain, screen or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein, and shall be furnished with a guard rail or barrier enclosing the inner portion of such room, which guard rail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the said guard rail or barrier. The voting machine or machines shall be so placed in the voting room within the enclosed space that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector.

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(b) The ordinary, unless otherwise provided by law, may make such arrangements as he deems proper for the storage of election equipment in the various election districts of the county at such times of the year that it will not be used for election purposes, and may fix reasonable compensation therefor.

Section 34-709. Compensation for rent, heat and light.--The super intendent shall fix the compensation for rent, heat, light and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places.

Chapter 34-8. Dates of Primaries and Elections.

Section 34-801. General primary.--Whenever any political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on a day to be selected by the State executive committee of such party which shall not be earlier than the first day of September nor later than the fourteenth day of September in each even-numbered year. The com mittee shall select such day during the Month of June of such year and shall immediately file written notification of its selection with the Secretary of State. A party shall not hold its primary on a day previously selected by another party (through the filing of written notification with the Secretary of State) without the latter party's consent. The next preceding three sentences shall not apply to a primary held to nominate candidates for membership in the House of Representatives of the General Assembly or for county offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be automatically repealed.
Section 34-802. November election.--The Governor, statehouse of ficers, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, solicitors general, members of the General Assembly, justices of the peace, and con stables shall be elected in the November election next precding the expiration of the term of office.
Section 34-803. Special election for United States Senator.--When ever a vacancy shall occur in the representation of this State in the Senate of the United States, such vacancy shall be filled for the unexpired term by the vote of the electors of the State at a special elec tion to be held at the time of the next November election, occurring at least forty days after the occurrence of such vacancy, and it shall be the duty of the Governor to issue his proclamation for such election. Until such time as the vacancy shall be filled by an election as herein provided, the Governor may make a temporary appointment to fill such vacancy.
Section 34-804. Special election for Congressional Representative.-- Whenever a vacancy shall occur or exist in the office of Representative in Congress from this State the Governor shall issue, within ten days after the happening of such vacancy, a writ of election to the ordinary of each county involved for a special election to fill such vacancy, which

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election shall be held on a date named in the writ, which shall not be less than thirty days after its issuance.

Section 34-805. Special election for member of General Assembly.-- Whenever a vacancy shall occur or exist in either House of the General Assembly during a session of the General Assembly, or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet at any time previous to the next November election, the Governor shall issue, within ten days after the happening of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the ordinary of each county involved for a special election to fill such vacancy, which election shall be held on a date named in the writ, which shall not be less than thirty days after its issuance. In all other cases such a special election to fill such vacancy shall be held if the Governor issues his writ of election therefor.

Section 34-807. Conduct of special elections.--Every special elec tion shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto in so far as practicable, and not inconsistent with any other provisions of this Code. All such special elections held at the time of a general election shall be conducted by the poll officers by the use of the same equip ment and facilities, so far as practicable, as are used for such general election. At least thirty days shall intervene between the call of a special election and the holding of same.

Chapter 34-9. Political Parties and Bodies.

Section 34-901. Registration of political parties and bodies with Secretary of State.--(a) The chief executive officer of each political party or body now or hereafter operating in this State shall, within thirty days after the date of its organization or after the effective date of this Code, whichever is later, file with the Secretary of State a registration statement setting forth:
(i) Its name and the date of its creation;
(ii) The general purposes for which it was created;

(iii) Certified copies of its charter, by-laws, rules and regu lations, and other documents of like dignity governing its organiza tion and operation;
(iv) The address of its principal office;
(v) The names, home addresses and titles of the persons com posing its governing committee and executive officers; and
(vi) Such other information as the Secretary of State may require as necessary or appropriate in the public interest.

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(b) No registration statement of a party or body shall be filed if the name of such party or body is identical with or deceptively similar to the name of any other existing party or body which was organized earlier and is eligible at the time to file its registration statement with the Secretary of State.

(c) Within thirty days after the occurrence of a change in the information contained in any registration statement, or prior amend ment thereto, the chief executive officer of the party or body filing such statement shall file an amendment thereto setting forth the in formation necessary to maintain the currency of such statement.

(d) The Secretary of State shall receive a fee of ten dollars for filing each registration statement and a fee of two dollars for filing each amendment thereto.

(e) A political party or body failing to file a registration state ment as required by Subsection (a) above shall not have its name or the names of its candidates placed on any nomination petition, ballot or ballot label.

Section 34-902. Committees of political parties; officers; authority to adopt rules and regulations.-- (a)--Each political party shall estab lish and maintain a State executive committee exercising State-wide jurisdiction and control over party affairs, and a county executive committee in each county in which it holds a primary, exercising countywide jurisdiction and control over party affairs. A party may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the State executive committee. Each committee shall be presided over by a chairman and shall have a secretary and such other officers as deemed advisable.

(b) The State executive committee of each political party shall formulate, adopt and promulgate rules and regulations, consistent with law, governing the conduct of primaries, Conventions and other party affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the Secretary of State.

(c) The respective county executive committees of each political party shall formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State executive committee, governing the conduct of primaries, conventions and other party affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the Secretary of State and with the ordinary of the county.

Section 34-903. Supersedure power of State executive committee; notice; hearing; order.--(a) When the State executive committee of a political party has reason to believe that the laws governing primaries, or the orders, rules or regulations of the State executive committee relating thereto, are not being, or will not be, fairly, impartially or properly enforced or applied in any county, by the county executive

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committee of the party in such county, then the State executive com mittee shall issue to such county committee a written notice of op portunity for hearing.
(b) A notice of opportunity for hearing shall state the substance of the order which the State committee proposes to issue under Sub section (e) hereof and advise such county committee of its right to a hearing upon request to the State committee if such request is received by it within the time specified in the notice.

(c) Whenever such county committee requests a hearing in accord ance with the provisions of this Section, the State committee shall im mediately set a date, time and place for such hearing and shall forth with notify the county committee thereof.
(d) A stenographic record of the testimony and other evidence submitted at the hearing shall be taken and filed with the State com mittee. Each witness appearing at the hearing shall be sworn prior to testifying.

(e) If the State committee does not receive a timely request for hearing, or if a hearing is requested and conducted as provided in this section and the State committee determines that all or any part of the proposed relief described in the notice of opportunity for hearing should be granted, then the State committee may issue an order, ef fective for a certain period: suspending and superseding all or any part of the powers and duties of the county committee, its poll officers and other assistants, concerning the preparation for, calling, holding, conduct, determination, result, tabulation or certification of result of any primary; and directing that the powers and duties which would have been exercised and performed by such county executive committee, its poll officers and the assistants, in these matters had they not been suspended and superseded, shall be exercised and performed by the persons designated by the State executive committee, who may be residents of any county of this state notwithstanding any other provision of this Code.
(f) The State executive committee may delegate its powers under the provisions of this Section to a subcommittee.

Section 34-904. Committees of political bodies; officers; authority to adopt rules and regulations.--(a) Each political body shall estab lish and maintain: a chief executive committee exercising jurisdiction and control over body affairs in the area of the State in which it operates; and a county executive committee exercising county-wide jurisdiction and control over body affairs in each county in which the body operates if it operates in two or more counties. A body may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the chief executive committee. Each committee shall be presided over by a chairman and shall have a secretary and such other officers as deemed advisable.

(b) The chief executive committee of each political body shall

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formulate, adopt and promulgate rules and regulations, consistent with law, governing the conduct of conventions and other body affairs. No such rule and regulation shall be effective until copies thereof, certi fied by the chairman, have been filed with the Secretary of State.

(c) The respective county executive committees of each political body shall formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the chief execu tive committee, governing the conduct of conventions and other body affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the Secretary of State and with the ordinary of the county.

Chapter 34-10. Nomination of Candidates.

A. IN GENERAL

Section 34-1001. Filing notice of candidacy.--(a) The ordinaries shall not place the name of any candidate for public office on the ballots to be used in an election unless notice of his candidacy shall be given in the following manner.
(b) Each candidate for federal or state office, or his agent, de siring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for membership in the House of Representatives of the General Assembly or to a candidate for a militia district office (justice of the peace or constable). Each candi date for a county or militia district office and each candidate for membership in the House of Representatives of the General Assembly, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least forty-five days prior to the election in the case of a general elec tion and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nomi nated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespective of such five day period exceeding a qualification deadline herein above prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, shall file his notice at least sixty-five days prior to the general election.
(c) Each of such candidates shall accompany his notice of candidacy with a nomination petition in the form hereafter prescribed; except that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candi dates for President and Vice President of the United States; (ii) a nominee of a political party nominated in a primary held by such party; (iii) the nominee of a political party for a public office when the prior nominee of such party for such office shall have received at least ten

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per cent of the total votes cast for candidates seeking such office in the last election held to fill same; (iv) seeking office in a special election; or (v) seeking, in a general election, a county or militia district office or membership in the House of Representatives of the General Assembly in a county where no political party has or will hold a primary for the nomination of any candidate for any such office to be filled in such general election.
(d) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of candidacy with a certificate of nomination by his party or body stating that he is the duly qualified and nominated candidate of his party or body for the public office he is seeking. Every such certificate of nomina tion shall be sworn to by the chairman and secretary of the committee (designated by the party or body) before an officer qualified to ad minister oaths. The certificate of nomination shall contain such other information as may be prescribed by the officer with whom the candi date files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previously registered with the Secretary of State as required by Chapter 34-9.

(e) Each candidate described in Subsection (b) shall accompany his notice of candidacy with an affidavit stating; (i) his residence, with street and number, if any, and his post office address, (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the county of his residence eligible to vote in the election in which he is a candidate;

(v) the name of the office he is seeking; (vi) that he is eligible to hold such office; and (vii) that he will not knowingly violate any pro vision of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.

Section 34-1002. Candidate required to designate specific office sought in certain cases.--In the case of a candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors, such candidate shall, when qualifying with his party in the case of a primary and when filing his notice of candidacy in the case of an election, designate the specific office he is seeking, by naming its incumbent or by giving other appropriate designation. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. The provisions of this Section shall not apply to a candidate seeking nomination for an election to the governing authority of a county.

Section 34-1003. Substituted nominations by parties and bodies.-- (a) Any vacancy happening in any party nomination for a Federal or State office to be filled by the vote of the electors of more than one county, by reason of the death or withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed

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of the members of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office; provided, however, that in the case of a candidate seeking the office of judge of the superior court or solicitor general of a judicial circuit containing more than one county, such convention shall be composed of the members of the county executive committee of such party in each county forming a part of such judicial circuit. Immediately upon the happening of such a vacancy the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention and shall give notice thereof to each member of each county executive committee entitled to participate in the con vention. A two-thirds majority of the members of such county execu tive committees shall constitute a quorum for the transaction of busi ness, and a majority of the members present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each member shall have one vote and all votes taken shall be by a roll call vote. The State executive committee shall have the privilege of proposing a substitute nomination and any member of the conven tion shall have the privilege of proposing a substitute nomination from the floor of the convention. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomi nation made by the State executive committee or a subcommittee thereof appointed for the purpose.

(b) Any vacancy happening in any party nomination for a Federal, State or county office filled by the vote of electors within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county.

(c) Any vacancy happening in any body nomination, by reason of the death or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the body to make nomi nations in the event of vacancies on the body ticket.

(d) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the ordinary, as the case may be, a nomination certificate which shall be signed by such chair man and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths.

Section 34-1004. Qualification fees.--The governing authority of any county, at least ninety days prior to the election in the case of a general election, and at least twenty days prior to the election in the case of a special election, shall fix and publish a reasonable qualifi cation fee to be paid by candidates seeking election to any county

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or militia district office or membership in the House of Representatives of the General Assembly. Such fee shall be paid to the ordinary at the time a candidate files his notice of candidacy and the fee shall be promptly transmitted to the governing authority for application toward the payment of the cost of holding the election. Within the same time limitation, the Secretary of State shall fix and publish a reasonable qualification fee to be paid by each candidate filing his notice of candidacy with him. If the office sought by the candidate is filled by the vote of electors within a single county, the Secretary of State shall transmit such fee to the governing authority of such county for application toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county then such fee shall be equally divided among the counties involved, and the Secretary of State shall transmit the proper portion of such fee to the governing authority of each such county for application toward the payment of the cost of holding the election. No candidate nominated in a primary or in a convention held by his political party shall be required to pay such fee.

B. NOMINATION OF PARTY CANDIDATES BY PRIMARIES

Section 34-1005. Primaries to be conducted only by political par ties; conduct of primaries.--Only a political party may elect its officials and nominate its candidates for public office by conducting primaries. Every primary held for such purpose shall be presided over and con ducted in the manner prescribed by the rules and regulations of such party not inconsistent with law.

Section 34-1006. Qualification of candidates.--All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special primary, at least fifteen days prior to its date. The preceding sentence shall not apply to the qualification of candidates seeking party nomination in any general primary to be held in September 1964, and upon the holding of such primary this sentence shall be automatically repealed.

Section 34-1007. Polling places and poll officers to be used.--(a) A political party, in nominating a candidate for public office in a primary, shall use and provide poll officers for each polling place established by the ordinary or ordinaries in the area wherein the electors reside who shall elect the person to fill such public office in the next election therefor; except that such area shall mean the judicial circuit when the office of judge of the superior court or solicitor general is involved.
(b) Two or more political parties simultaneously using the same polling place may each provide its own set of poll officiers, or the parties may by agreement jointly provide a single set of poll officers, to conduct their primaries at such polling place.

Section 34-1008. Ballots; ballot boxes; voting machines, vote recorders and other supplies for primaries.--Ballots and ballot boxes,

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or voting machines or vote recorders where used, and other supplies for primaries shall be prepared, provided and delivered to the poll officers, in accordance with the provisions of this Code, in so far as they are applicable to primaries. In counties where the governing authority possesses voting machines or vote recorders, it shall rent or furnish free of charge a sufficient number of voting machines or vote recorders to a political party or parties requesting same for use in a primary. When rental is required, such rental shall be fixed at an
amount not in excess of the lowest reasonable amount necessary to pay the cost of the county in renting the voting machines or vote recorders, and such rental shall be equally divided among the parties jointly using same. A party which is unable or unwilling to pay its share of such rental shall not participate in the use of the voting machines or vote recorders.

Section 34-1009. Primary expenses.--The expenses of a primary shall be paid by the political party holding such primary; except that the expenses of providing polling places on public premises and electors lists shall be aid by the respective counties.

C. NOMINATION OP CANDIDATES BY PETITION
Section 34-1010. Nomination petitions.--(a) In addition to the party nominations made at primaries, nominations of candidates for public office may also be made by nomination petitions signed by electors and filed in the manner herein provided. Such petitions shall be in the form prescribed by the officers with whom they are filed, and no other forms than the ones so prescribed shall be used for such purposes.
(b) A nomination petition of a candidate shall be signed by a number of electors of not less than ten per cent of the total number of electors eligible to vote in the last general election for the filling of the office the candidate is seeking; except that in the case of a candidate seeking the office of judge of the superior court or solicitor general the ten per cent figure shall be computed only on the total number of electors of the judicial circuit eligible to vote in the last general election for the filling of such offices.
(c) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the State entitled to vote in the next general election for the filling of the office sought by the candidate supported by the petition, and shall add to his signa ture his residence address, giving municipality, if any, and county, with street and number, if any, and shall also add the name of his election district, if known. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation.
(d) A nomination petition shall be on one or more sheets of of uniform size and different sheets must be used by signers resident

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in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business or occupation, if any, his place of residence with street and number, if any, his political party or body affiliation, if he is its nominee for the office he is seeking, and the name and date of the general election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (i) that the affiant is a duly qualified and registered elector of the State entitled to vote in the next general election for the filling of the office sought by the candidate supported by the petition; (ii) his residence address, giving municipality with street and number, if any; (iii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iv) that each signature on such sheet was signed within one hundred and eighty days of the last day on which such petition may be filed; and (v) that, to the best of affiant's knowledge and belief, the signers are registered electors of the State qualified to sign the petition, that their respective residences are cor rectly stated in the petition, and that they all reside in the county named in the affidavit.

(e) No nomination petition shall be circulated prior to one hundred and eighty days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within two hundred days of the last day for filing the same.

(f) A nomination petition shall not be amended or supplemented after its presentation to the appropriate officer for filing.

Section 34-1011. Examination of nomination petition; judicial re view.-- (a) When any nomination petition is presented in the office of the Secretary of State or of any ordinary for filing within the period limited by this Code, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be permitted to be filed if: (i) it contains material errors or defects apparent on the face thereof; (ii) it contains material alterations made after signing without the consent of the signers; or (iii) it does not contain a sufficient number of signa tures as required by law. The Secretary of State or any ordinary may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon, and if he shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet.

(b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine the petition to

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determine if it complies with the law. During such examination the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the officer may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the officer, shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The tstimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candi date named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. In neither case shall the petition be returned to the candidate.

(c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office' of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of man damus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable, and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or and judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his decision, and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot, if the court should so determine.
Section 34-1012. Preservation of nomination petitions.--All nomi-

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nation petitions shall be preserved in the offices where they have been filed for a period of two years and thereupon they may be destroyed unless such destruction is restrained by court order.

Chapter 34-11. Ballots.

Section 34-1101. Official ballots to be used.--All primaries and elections in this State shall be conducted by ballot, except when voting machines or vote recorders are used as provided by law. All ballots used in any primary or election shall be provided by the superintendent in accordance with the provisions of this Chapter, and only official ballots furnished by the superintendent shall be cast or counted in any primary or election in any district in which ballots are used.

Section 34-1102. Form of official primary ballot.--(a) In each primary separate official ballots shall be prepared by the political party holding the primary. At the top of each ballot shall be printed in prominent type the words "OFFICIAL PRIMARY BALLOT OF ..__._.__.._._.___..........___...'___.___ PARTY FOR" followed by the designation of the election district for which it is prepared and the name and date of the primary.

(b) Immediately under this caption, the following directions shall be printed: "Mark out the name of each candidate for whom you do not wish to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil." Marks made in violation of these directions shall be disregarded in the counting of the votes cast.

(c) Immediately under the directions, the names of all candidates, who have qualified in accordance with the rules of the party, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.

(d) If at any primary a political party shall submit to its mem bers any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his choice as to such matter or question.

(e) The ballots shall vary in form only as the names of election districts, offices, candidates or the provisions of this Code may require.

Section 34-1103. Form of official election ballot.--(a) At the top of each ballot for an election shall be printed in prominent type the words "OFFICIAL BALLOT" followed by the designation of the elec tion district for which it is prepared and the name and date of the election.
(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions

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shall be printed, in so far as the same may be appropriate for the election involved:

To vote a straight party ticket, mark a cross (X) or check ( V) in the square in the party column, opposite the name of the
party of your choice. If you do not desire to vote a party ticket, then place a cross (X) or check (V) mark in the square opposite
the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his name,
accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.

Marks made in violation of these directions shall be dis regarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such name outside such column or by the use of a sticker, paster, stamp or other printed or written matter is prohibited.

(c) Immediately under the directions, the names of all candidates, who have been nominated in accordance with the requirements of the Code, shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties, having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so repre sented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading "Independent," which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns, shall be printed a sufficient blank column for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check (V) mark.

(d) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. The names of these candidates shall be printed on the ballot in a separate column to the right of the column listing the other candidates of such

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party or body, if the party or body so elects at least forty-five days prior to the holding of the election by giving written notice to the Secretary of State.

(e) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed con stitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Other questions so submitted shall be printed in brief form, to be determined by the Secretary of State in the case of questions to be voted on by the electors of more than one county, and by the ordinary of the county in other cases. To the left of each question there shall be placed the words "yes" and "no", together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (V) mark.

(f) The ballots shall vary in form only as the names of election districts, offices, candidates or the provisions of this Code may require.

Section 34-1104. Form of ballots; printing ballots, stubs; num bers.--In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this Code. All ballots for use in the same election district at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such district. They shall be at least six inches long and four inches wide, and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type (which shall not be smaller than the size known as "brevier" or "eight point body") upon white paper of uniform quality, without any im pression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through. Each ballot shall be attached to a name stub, and all the ballots for the same election district shall be bound together in books of fifty, in such manner that each ballot may be detached from its stub and re moved separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be con secutively numbered, and in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the back of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the back of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box.

Section 34-1105. Candidates with similar surnames; occupation to be printed.--If two or more candidates for the same nomination or office shall have the same or similar surnames, the official with whom such candidate qualifies, shall, upon the request of any such candidate filed in writing not later than two days after the last day for qualifying as a candidate in the primary or election involved, print or cause to be printed the occupation or residence of any such candidate, so filing a request, on the ballot under his name.

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Section 34-1106. Names of substituted candidates to be printed on ballots.--As soon as any substituted candidate shall have been duly nominated by his political party or body, at any time prior to the day on which the printing of ballots is started, his name shall be sub stituted in place of that of the candidate who has died or has withdrawn.

Section 34-1107. Number of ballots to be printed.--The superin tendent shall provide for each election district in which a primary or election is to be held one book of fifty official ballots for every fortyfive electors and fraction thereof, appearing upon the electors list for such district. The superintendent shall also, in addition to the number of ballots required to be printed for general distribution, have printed ten per cent of such number, to be known as reserve official ballots, which shall be kept at the office of the superintendent for the use of any district, the ballots for which may be lost, destroyed or stolen. A reserve official ballot shall not be voted in an election district unless it bears a distinctive number and the name of such district.

Section 34-1108. Forms of ballots on file and open to public inspec tion.--The superintendent shall have on file in his office, at least five days prior to the day of holding each primary and election, open to public inspection, forms of the ballots, with the names and such state ments and notations as may be required by the provisions of this Code, printed thereon, which shall be used in each election district within the county.

Section 34-1109. Superintendent to cause ballots to be accurately printed.--It shall be the duty of the superintendent to cause all the ballots and ballot labels to be accurately printed, and he shall be re sponsible for the safekeeping of the same while in his possession or that of his agent.

Section 34-1110. Correction of mistakes appearing on ballot.-- When it is shown by affidavit that mistake or omission has occurred in the printing of official ballots for any primary or election, the superior court of the proper county, may upon the application of any elector of the county, require the superintendent to correct the mistake or omission, or to show cause why he should not do so.

Section 34-1111. Record of ballots to be kept.--The superintendent shall keep a record of the number of official ballots printed and furnished to each election district at each primary and election, and of the number of stubs, unused ballots and cancelled ballots subsequently returned therefrom, and also of the disposition of the additional official ballots provided, as required by Section 34-1107.

Chapter 34-12. Voting Machines and Vote Recorders.

A. VOTING MACHINES

Section 34-1201. Definitions.--The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly apparent from the context:

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(a) The words "candidate counters" and "question counters" shall mean the counters on which are registered numerically the votes cast for candidates and on questions, respectively;

(b) The word "diagram" shall mean an illustration of the official ballot showing the names of the parties, bodies, offices and candidates, and statements of the questions, in their proper places, together with the voting devices therefor;

(c) The words "protective counter" shall mean a counter or protective device or devices that will register each time the ma chine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated, except by operating the machine;

(d) The words "public counter" shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election;

(e) The words "registering compartment" shall mean that part of the voting machine containing the registering counters; and

(f) The words "vote indicator" shall mean those devices with which votes are indicated for candidates, or for or against questions.

Section 34-1202. Authorization of voting machines without refer endum.--The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the county, and thereupon the governing authority shall purchase, lease, rent or otherwise procure voting machines conforming to the requirements of this Chapter.
Section 34-1203. Referendum on question of adopting voting ma chines.--(a) The governing authority of any county may, upon its own motion, submit to the electors of the county, at any election, the question "Shall voting machines be used in the County of ________________?".
(b) The governing authority, upon the filing of a petition with it signed by electors of the county equal in number to at least one per cent of the total number of electors who voted in such county at the preceding general election, shall, at the next election occurring at least forty-five days thereafter, submit to the electors of such county the question "Shall voting machines be used in the County of ________.___?".
(c) The governing authority shall cause such question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing general elections.
(d) The election on such question shall be held at the places, during the hours, and under the regulations, provided by law for holding general elections, and shall be conducted by the poll officers provided by law to conduct such elections. The poll officers shall count the

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votes cast at the election on such question and shall make return thereof to the ordinary of such county as required by law. The returns shall be computed by the ordinary and, when so computed, a certificate of the total number of electors voting "Yes" and of the total number of electors voting "No" on such question shall be filed in the office of the governing authority and in the office of the Secretary of State.

(e) Whenever, under the provisions of this Section, the question of the adoption of voting machines is about to be submitted to the electors of any county, it shall be the duty of the governing authority of such county, to ascertain whether current funds will be available to pay for such machines, if adopted and purchased, or whether it has power to increase the indebtedness of the county in an amount sufficient to pay for the machines without the consent of the electors and, if such current funds will not be available and the power to increase the indebtedness of the county in a sufficient amount without the consent of the electors is lacking, it shall be the duty of the governing authority to submit to the electors of the county, in the manner provided by law, at the same election at which the adoption of voting machines is to be voted on, the question whether the indebtedness of such county shall be increased, in an amount specified by them, sufficient to pay for such voting machines, if adopted.

(f) If a majority of the electors voting on such question or ques tions shall vote in the affirmative, the governing authority of such county shall purchase, lease or rent voting machines, conforming to the requirements of this Chapter, for recording and computing the vote at all elections held in such county.

Section 34-1204. Installation, custody and repair of voting ma chines.-- (a) When the use of voting machines has been authorized in the manner prescribed by either Section 34-1202 or Section 34-1203, such voting machines shall be installed, either simultaneously or grad ually, within the county. Upon the installation of voting machines in any election district, the use of paper ballots therein shall be dis continued, except as otherwise provided by this Code.

(b) In each election district in which voting machines are used, the governing authority shall provide at least one voting machine for each six hundred electors, or fraction thereof, therein.

(c) Voting machines of different kinds may be used for different districts in the same county.

(d) The governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nomi nations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or
election.

Section 34-1205. Examination and approval of voting machines by Secretary of State.--(a) Any person or organization owning, manufacturing or selling, or being interested in the manufacture or

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sale of, any voting machine, may request the Secretary of State to examine the machine. Any ten or more electors of this State, may, at any time, request the Secretary of State to reexamine any voting machine theretofore examined and approved by him. Before any such examination or reexamination, the person, persons, or organization, requesting such examination or reexamination, shall pay to the Secretary of State an examination fee of four hundred and fifty dollars, pro vided, however, that in the case of a request by ten or more electors the examination fee shall be one hundred dollars. The Secretary of State may, at any time, in his discretion, reexamine any voting machine. The governing authority or ordinary of any county possessing voting machines at the time of the adoption of this Code may request the Secretary of State to examine such voting machines without paying the examination fee if such request is made within ninety days after the effective date of this Code.

(b) The Secretary of State shall thereupon require such machine to be examined or reexamined by three examiners, whom he shall appoint for the purpose, of whom one shall be an expert in patent law, and the other two shall be experts in mechanics, and shall require of them a written report on such machine, attested by their signatures; and the Secretary of State himself shall examine the machine, and shall make and file in his office, together with the reports of the examiners appointed by him, his own report, attested by his signature and the seal of his office, stating whether, in his opinion and in consideration of the reports of the examiners aforesaid, the kind of machine so ex amined can be safely used by electors at primaries and elections, as provided in this Code. If his report states that the machine can be so used, the machine shall be deemed approved, and machines of its kind may be adopted for use at primaries and elections, as herein provided.
(c) No kind of voting machine not so approved shall be used at any primary or election, and if, upon the reexamination of any voting machine previously approved, it shall appear that the machine so reexamined can no longer be safely used by electors at primaries or elections as provided in this Code because of a substantial defect in design, the approval of the same shall forthwith be revoked by the Secretary of State, and no such voting machine shall thereafter be purchased for use or used in this State.

(d) When a machine has been so approved, no improvement or change that does not impair its accuracy, efficiency or capacity, shall render necessary a reexamination or reapproval of the machine, or of its kind.

(e) Neither the Secretary of State, nor any examiner appointed by him for the purpose prescribed by this Section, nor any ordinary, or the governing authority of any county or a member of such au thority, shall have any pecuniary interest in any voting machine, or in the manufacture or sale thereof.

(f) The compensation of each examiner appointed hereunder shall be fixed and paid by the Secretary of State.

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Section 34-1206. General requirements as to voting machines.--No voting machine shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(a) It shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted;

(b) It shall permit each elector, at other than primaries, to vote a straight party or body ticket in one operation, and, in one operation, to vote for all the candidates of one party or body for presidential electors, and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates;

(c) It shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(d) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he is law fully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote;

(e) It shall preclude each elector from voting for any candi date, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once;

(f) It shall be capable of adjustment by poll officers, so as to permit each elector at a primary to vote only for the candidates seeking nomination by the party in whose primary he is then voting, and so as to preclude him from voting for the candidates seeking nomination by any party in whose primary he is not then voting;

(g) It shall fairly permit each elector to deposit, write-in, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine;

(h) It shall permit each elector to change his vote for any candidate, or upon any question appearing upon the ballot labels, up to the time he begins to register his vote, or indicates or ex presses his intentions to register his vote;

(i) It shall permit and require voting in absolute secrecy, and shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law.

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(j) It shall have voting devices for separate candidates and questions, which shall be arranged in separate parallel rows or columns, so that, at any primary, one or more adjacent rows or columns may be assigned to the candidates of a party or body, and shall have parallel office columns or rows transverse thereto;

(k) It shall have a public counter, or other device, the register of which is visible from the outside of the machine, which shall show during any period of voting the total number of electors who have operated the machine during such period of voting;

(1) It shall have a protective counter, or other device, the register of which cannot be reset, which shall record the cumulative total number of movements of the operating mechanism;

(m) It shall be provided with a lock or locks, by the use of which, immediately after the polls are closed, or the operation of the machine for a primary or election is completed, all movements of the registering mechanism are absolutely prevented;

(n) It shall be provided with a screen, hood or curtain, which shall conceal the actions of the elector while voting;
(o) It shall be constructed of material of good quality, in a neat and workmanlike manner;
(p) It shall, when properly operated, register or record cor rectly and accurately every vote cast;
(q) It shall be so constructed that an elector may readily learn the method of operating it;
(r) It shall be safely transportable;
(s) It shall be so constructed and controlled that, during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism; and
(t) If it is of a type equipped with mechanism for printing paper proof sheets, and not requiring the counters to be made visible in order to canvass the votes recorded on the machine, the door, or other device, concealing such counters, or keeping the same concealed, may be equipped with a lock or locks, requiring the simultaneous use of three separate and substantially different keys to open or operate the same.

Section 34-1207. Payment for voting machines.--The governing authority of any county, which adopts voting machines in a manner provided for by this Chapter, shall, upon the purchase thereof, provide for payment therefor by the county. Bonds or other evidence of in debtedness may be issued in accordance with the provisions of law re-

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lating to the increase of indebtedness of counties, to meet all or any part of the cost of the voting machines.

Section 34-1208. Form of ballot labels on voting machines.--(a) The ballot labels shall be printed in black ink, upon clear white material, of such size as will fit the ballot frame, and in plain clear type so as to be easily readable by persons with normal vision.

(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question, to be voted on, shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than seventy-five words, to be determined by the Secretary of State in the case of constitutional amendments or other questions to be voted on by the electors of more than one county, and by the ordinary in other cases, unless otherwise provided by law.

(c) The ballot label for each candidate or group of candidates, nominated by a party or body, shall contain the name or designation of the party or body.

(d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office.

(e) The names of all candidates, nominated by a party or body, shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body, provided that the names of individual candidates for presidential elector shall not appear upon the ballot labels, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President shall be printed on a single ballot label, together with the name of such party or body.

(f) The form and arrangement of ballot labels shall be prepared by the superintendent.

(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by Sabsection (c) and the second sentence of Subsection (d) of Section 34-1103. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by Section 34-1103 (c).

(h) In primaries, the ballot labels, containing the names of candi dates seeking nomination by a political party, shall be segregated on

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the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by Section 34-1103 (c).

(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties, the ordinary may arrange for each election district the names of the candidates on separate voting machines; provided, however, that the names of all the candidates seeking nomi nation in any one political party shall appear on one machine.

Section 34-1209. Preparation of voting machines by ordinaries; duties of custodians and deputy custodians.--(a) The ordinary of each county shall cause the proper ballot labels to be placed on each voting machine which is to be used in any election district within such county; and shall cause each machine to be placed in proper order for voting; shall examine each machine before it is sent out to a polling place; shall see that each registering counter, except the protective counter, on each machine is set at zero; shall lock each machine so that the counting machinery cannot be operated, and shall seal each machine with a numbered seal. The ordinary or his agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he is not then voting.
(b) The ordinary shall appoint one custodian of voting machines, and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county such compensation as shall be fixed by the governing authority of the county. Such custodian shall, under the direction of the ordinary, have charge of and represent the ordinary during the preparation of the voting machines as required by this Code, and he and the deputy custodians, whose duty it shall be to assist him in the discharge of his duties, shall serve at the pleasure of the ordinary. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the ordinary.

(c) On or before the twentieth day preceding a primary or elec tion, the ordinary shall mail to the foreman of the grand jury, the chairman of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairman or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds which has registered its name and address and the names of its principal officers with the ordinary at least thirty days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his name entered on the voting machines, a written notice stating the times

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when and the place or places where preparation of the machines for use in the several election districts in the county will be started. A committee of the grand jury, certified by the foreman, one representative of each such political party or body, certified by the chairman of such committee, and one representative of each such organization of citizens, certified by the chairman or presiding officer of such organization, and any such independent candidate or his certified agent, shall be entitled to be present, during the preparation of the machines, and to see that the machines are properly prepared and are placed in proper condition and order for use; provided, however, that such repre sentatives or candidate shall not interfere with the preparation of the machines, and the ordinary may make such reasonable rules and regula tions governing the conduct of such representatives and candidate.

(d) The custodian and deputy custodians of voting machines shall make an affidavit, which each shall sign, and request each representa tive of the grand jury, a party, body or a citizens organization, or candidate or his agent, as aforesaid, present at the preparation of the machine, to attest, and which shall be filed with the ordinary, stating-- (i) the identifying number or other designation of the voting machine; (ii) that each registering counter of the machine was set at zero; (iii) the number registered on the protective counter or other device of the machine; and (iv) the number on the seal with which the machine is sealed.

(e) No ordinary, nor custodian, nor other employee of the ordinary, shall, in any way, prevent free access to and examination of all voting machines, which are to be used at the primary or election, by any of the duly appointed representatives or candidate aforesaid; and the ordinary and his employees shall afford to each such representative or candidate every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine.

(f) In the case of an election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, all of which shall be in the form, and according to the specifications, prescribed, from time to time, by the Secretary of State. In the case of a primary, ballot labels and other materials necessary for the preparation of the voting machines shall be furnished free of charge to the ordinary by the political party conducting such primary.

Section 34-1210. Delivery of voting machines and supplies by ordinary to poll officers.--(a) The ordinary shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective election districts, at least one hour before the time set for opening the polls at each primary or election, and shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination immediately preceding the opening of the polls pre scribed by this Code.

(b) The ordinary shall provide ample protection against molesta-

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tion of and injury to the voting machine, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary, and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the ordinary.

(c) The superintendent shall furnish for each voting machine at least one hour before the opening of the polls:

(i) A lamp which shall give sufficient light to enable electors, while in the voting machine booth, to read the ballot labels, and suitable for the use of poll officers in examining the counters; and the lamp shall be prepared and in good order for use before
the opening of the polls;

(ii) Two diagrams, of suitable size, representing such part of the face of such voting machine as will be in use in the primary or election, and accompanied by directions for voting on the machine; and such diagrams shall be posted prominently outside the en closed space within the polling place; and

(iii) A seal, for sealing the machine after the polls are closed; an envelope for the return of the keys, if the construction of the voting machine shall permit their separate return; and such other election materials and supplies as may be necessary, or as may be required by law.

Section 34-1211. Portable polling facilities.--In election districts in which voting machines are used, the ordinary may, in his discretion, procure and provide portable or movable polling facilities of adequate size for any or all of such districts.

Section 34-1212. Delivery of voting machine keys to chief manager. --The ordinary shall deliver the keys, which unlock the operating mechanism and the registering counters or counter compartment of the voting machine, to the chief manager, not later than one hour before the time set for the opening of the polls, and shall take his receipt therefor. The keys shall be enclosed in a sealed envelope, on which shall be written or printed: (a) the number of the voting machine; (b) the designation of the election district; (c) the number of the seal; (d) the number registered on the protective counter or device as reported by the custodian; provided, however, that if the type of voting machine used requires the simultaneous use of three keys to unlock the regis tering counters or counter compartment, only two of the said keys shall be enclosed in such sealed envelope, the third key being retained by the custodian or the ordinary.

Section 34-1213. Instruction of electors before primary or election.-- (a) During the thirty days next preceding a general primary or elec tion, or during the ten days next preceeding a special primary or election, the ordinary shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and instruction of the electors, and one or more voting machines, containing the ballot labels, and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far

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as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting ma chine, which is to be assigned for use in a primary or election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the primary or election.

(b) During such public exhibition and instruction, the counting mechanism of the voting machine shall be conceled from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and only upon written authorization from the ordinary.

(c) Prior to any primary or election, the superintendent may cause copies of any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as he may deem desirable.

Section 34-1214. Voting by ballot.--If a method of nomination or election for any candidate or office or of voting on any questions is prescribed by law, in which the use of voting machines is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of voting machines for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of voting machines wholly or in part is not practicable, the ordinary may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, ballots shall be printed for such candidates, offices or questions, and the primary or election conducted by the poll officers herein provided for, and the ballots counted and return thereof made in the manner required by law for such nominations, offices or questions, in so far as paper ballots are used.

Section 34-1215. Unofficial ballot labels; repair of machine or use of paper ballots.--(a) If ballot labels for an election district, at which a voting machine is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such district shall cause other labels to be prepared, printed or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as near as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.
(b) If any voting machine being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another machine substituted by the custodian or ordinary as promptly as possible, for which purpose the governing authority of the county may purchase as many extra voting machines as it may deem necessary, but in case such repair or substitution can not be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
Section 34-1216. Custody of voting machines and keys.--The ordi-

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nary shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at a primary or election, and shall provide for his compensation and for the safe storage and care of the ma chines and keys. All voting machines, when not in use, shall be properly covered and stored in a suitable place or places.

B. VOTE RECORDERS

Section 34-1217. Authorization of vote recorders.--The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of vote recorders for recording and computing the vote at elections held in the county, and thereupon the governing authority shall purchase, lease, rent or otherwise procure vote recorders con forming to the requirements of this Chapter.

Section 34-1218. Installation, custody and repair of vote recorders.-- (a) When the use of vote recorders has been authorized in the manner herein prescribed, such vote recorders shall be installed, either simul taneously or gradually, within the county. Upon the installation of vote recorders in any election district, the use of paper ballots therein shall be discontinued, except as otherwise provided by this Code.

(b) In each election district in which vote recorders are used, the governing authority shall provide at least one vote recorder for each six hundred electors, or fraction thereof, therein.

(c) Vote recorders of different kinds may be used for different districts in the same county.

(d) The governing authority shall provide vote recorders in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.

Section 34-1219. Examination and approval of vote recorders by Secretary of State.--(a) Any person or organization owning, manu facturing or selling, or being interested in the manufacture or sale of, any vote recorder, may request the Secretary of State to examine the vote recorder. Any ten or more electors of this State, may, at any time, request the Secretary of State to reexamine any vote recorder thereto fore examined and approved by him. Before any such examination or reexamination, the person, persons, or organization, requesting such examination or reexamination, shall pay to the Secretary of State an examination fee of twenty-five dollars. The Secretary of State may, at any time, in his discretion, reexamine any vote recorder. The gov erning authority of any county possessing vote recorders at the time of the adoption of this Code may request the Secretary of State to examine such vote recorders without paying the examination fee if such request is made within ninety days after the effective date of this Code.

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(b) The Secretary of State shall thereupon examine or reexamine such vote recorder and shall make and file in his office a report, attested by his signature and the seal of his office, stating whether, in his opinion, the kind of vote recorder so examined can be safely used by electors at primaries and elections, as provided in this Code. If his report states that the vote recorder can be so used, the recorder shall be deemed approved, and vote recorders of its kind may be adopted for use at primaries and elections, as herein provided.

(c) No kind of vote recorder not so approved shall be used at any primary or election, and if, upon the reexamination of any vote recorder previously approved, it shall appear that the vote recorder so reexamined can no longer be safely used by electors at primaries or elections as provided in this Code, the approval of the same shall forthwith be revoked by the Secretary of State, and no such vote recorder shall thereafter be purchased for use or used in this State.

(d) When a vote recorder has been so approved, no improvement or change that does not impair its accuracy, efficiency or capacity, shall render necessary a reexamination or reapproval of the vote re corder, or of its kind.

(e) Neither the Secretary of State, any custodian, or the governing authority of any county or a member of such authority, shall have any pecuniary interest in any vote recorder, or in the manufacture or sale thereof.

Section 34-1220. General requirements as to vote recorders.--No) vote recorder shall be adopted or used unless it shall, at the time, satisfy the following requirements:

(a) It shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be sub mitted;

(b) It shall permit each elector, at other than primaries, to vote a straight party or body ticket in one operation, and, in one operation, to vote for all the candidates of one party or body for presidential electors, and, in one operation, to vote for all the candi dates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates;

(c) It shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;

(d) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he is law fully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote;

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(e) It shall preclude each elector from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once;

(f) It shall permit voting in absolute secrecy, so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law;
(g) It shall be constructed of material of good quality, in a neat and workmanlike manner;
(h) It shall, when properly operated, record correctly and ac curately every vote case;
(i) It shall be so constructed that an elector may readily learn the method of operating it; and
(j) It shall be safely transportable.

Section 34-1221. Payment for vote recorders.--The governing au thority of any county, which adopts vote recorders in the manner pro vided for by this Chapter, shall, upon the purchase thereof, provide for payment therefor by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties, to meet all or any part of the cost of the vote recorders.

Section 34-1222. Form of ballot labels on vote recorders.--(a) The ballot labels shall be printed in black ink, upon clear white material, of such size and arrangement as will suit the construction of the vote recorder, and in plain clear type so as to be easily readable by persons with normal vision.

(b) The arrangement of offices, names of candidates and questions upon the ballot labels shall conform as nearly as practicable to the provisions of this Code for the arrangement of same on paper ballots. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following
page.

(c) The form and arrangement of ballot labels shall be prepared by the superintendent.

(d) In primaries, separate vote recorders may be used for each political party. If the same vote recorder is used for two or more political parties on the same day, the ballot cards of each party shall be clearly identified and so designed that only votes cast for candi dates of that party will be counted by the tabulating machine. .

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Section 34-1223. Form of ballot cards for vote recorders.--Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine. A serially numbered stub and strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots.

Section 34-1224. Write-in ballots.--In elections, a write-in ballot shall be provided to permit an elector to vote for persons whose names do not appear on the ballot labels. The write-in ballot may be printed on the envelope into which the elector places his ballot card before it is deposited in the ballot box, or may be printed on a separate paper or card which is inserted into such envelope with the ballot card before being deposited in the ballot box. The design of the ballot card and the write-in ballot shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in vote not authorized by law.

Section 34-1225. Preparation of vote recorders by ordinaries; duties of custodians and deputy custodians.-- (a) The ordinary of each county shall cause the proper ballot labels to be placed on each vote recorder which is to be used in any election district within such county and shall cause each vote recorder to be placed in proper order for voting.

(b) The ordinary shall appoint one custodian of vote recorders,
and such deputy custodians as may be necessary, whose duty it shall be to prepare the vote recorders to be used in the county at the pri maries and elections to be held therein. Each custodian and deputy custodian shall receive from the county such compensation as shall be fixed by the governing authority of the county. Such custodian shall, under the direction of the ordinary, have charge of and represent the ordinary during the preparation of the vote recorders as required by this Code, and he and the deputy custodians, whose duty it shall be to assist him in the discharge of his duties, shall serve at the pleasure of the ordinary. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the ordinary.

(c) On or before the third day preceding a primary or election, the ordinary shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all ques tions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a pre-determined number of valid votes for each candidate and on each question, and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be approved unless it produces an error less count. If any error is detected, the cause therefor shall be ascertained and corrected, and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The ordinary or custodian shall also prepare the vote recorders for voting at the various polling places to be used

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in the primary or election. In preparing the vote recorders, he shall arrange the recorders and the ballot labels so that they meet all re quirements of voting and counting at such primary or election, thorough ly inspect and test the vote recorders, and file a certificate in the office of the ordinary that the recorders are in proper order with correct ballot labels.

(d) No ordinary, nor custodian, nor other employee of the ordinary, shall, in any way, prevent free access to and examination of all voting machines, which are to be used at the primary or election, by any interested persons.

(e) In the case of an election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, all of which shall
be in the form, and according to the specifications, prescribed, from time to time, by the Secretary of State. In the case of a primary, ballot labels and other materials necessary for the preparation of the vote recorders shall be furnished free of charge to the ordinary by the political party conducting such primary.

Section 34-1226. Delivery of-vote recorders and supplies by ordinary to poll officers.--(a) The ordinary shall deliver the proper vote re corder or vote recorders, properly furnished with ballot labels, to the polling places at least one hour before the time set for opening the polls at each primary or election, and shall cause each vote recorder to be set up in the proper manner for use in viting. The ordinary
shall place each vote recorder in a voting booth so that the ballot labels on the recorder can be plainly seen by the poll officers when not being voted on.

(b) The ordinary shall provide ample protection against moles tation of and injury to the vote recorder, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary, and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the ordinary.

(c) The superintendent shall furnish for each vote recorder at least one hour before the opening of the polls:
(i) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and suitable for the use of poll officers in examining the vote recorder; and the lamp shall be prepared and in good order for use before the opening of the polls;
(ii) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election, and accompanied by directions for voting on the vote recorder; and such sample ballots shall be posted prom inently outside the enclosed space within the polling place; and

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(iii) A seal, for sealing the vote recorder after the polls are closed and such other materials and supplies as may be necessary, or may be required by law.

Section 34-1227. Instruction of electors before primary or election. --During the thirty days next preceding a general primary or election, or during the ten days next preceding a special primary or election, the ordinary shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and in struction of the electors, one or more vote recorders, containing the ballot labels, and showing the office and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such recorder or recorders shall be under the charge and care of a person competent as custodian and instructor.

Section 34-1228. Voting by paper ballot.--If a method of nomina tion or election for any candidate or office or of voting on any question is prescribed by law, in which the use of vote recorders is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of vote recorders for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of vote recorders wholly or in part is not practicable, the ordinary may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices or questions, and the primary or election conducted by the poll officers herein pro vided for, and the ballots counted and return thereof made in the manner required by law for such nominations, offices or questions, in so far as paper ballots are used.

Section 34-1229. Unofficial ballot labels; repair of vote recorder or use of paper ballots.--(a) If ballot labels for an election district, at which a vote recorder is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such dis trict shall cause other labels to be prepared, printed or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as near as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.

(b) If any vote recorder being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another vote recorder substituted by the custodian or ordinary as promptly as possible, for which purpose the governing authority of the county may purchase as many extra vote recorders as it may deem necessary, but in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.

Section 34-1230. Custody of vote recorders.--The ordinary shall designate a person or persons who shall have the custody of the vote

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recorders of the county when they are not in use at a primary or election, and shall provide for his compensation and for the safe storage and care of the vote recorders. All vote recorders, when not in use, shall be properly covered and stored in a suitable place or places.

Chapter 34-13. Preparation for and Conduct of Primaries and Elections.

Section 34-1301. Cards of instructions and supplies.--Prior to each primary and election the superintendent shall prepare full instructions for the guidance of electors in election districts in which ballots are used, and also similar instructions for the guidance of electors in elec tion districts in which voting machines are used, and the superintendent shall cause the same, together with such portions of this Code as deemed advisable, to be printed in large clear type on separate cards to be called cards of instruction. The superintendent shall also furnish blank forms of oaths of poll officers, affidavits of challenged electors, tally sheets, return sheets, and other forms and supplies required by this Code for use in each election district of the county and which are not furnished by the Secretary of State. Such forms and other supplies shall have printed thereon appropriate instructions.

Section 34-1302. Voter's certificates.-- (a) At each primary and election each superintendent shall prepare a suitable number of voter's certificates which shall be in substantially the following form:

VOTER'S CERTIFICATE

I hereby certify that I am qualified to vote at the (Primary or Election) held on __________-.,,..__---_________--..______, 19______, and that I have not and will not vote elsewhere in this (Primary or Election).

Signature _.__,,--,,,,_..,,--.__..---__--__.._.----....________--________-..--_. Name or initials of poll officer receiving voter's certificate:

In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the following: _______________________......__...___..,,....._..........____

Signature of poll officer Number of stub of ballot or number of admission to voting machine
(b) The voter's certificate shall be so prepared as to be capable

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of being inserted by the poll officers in a suitable binder to be furnished by the registrars. One such binder shall be furnished by the registrars for each election district for each primary and election, and shall have printed or written thereon the words "Voter's Certificates," together with the designation of the district and the date of the primary or election.

(c) Notwithstanding any other provision of this Code, the superin
tendent may cause such form of voter's certificate to be printed on the ballot stubs when ballots are used and in such cases the use of the voter's certificate binder may be dispensed with; and, when voting machines are used, the superintendent may cause such form of certificate to be printed on the slip containing an elector's number in the order of his admission to the voting machines.

Section 34-1303. Delivery of ballots and supplies to managers.-- (a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each election district, and in districts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate sealed packages for each election district, marked on the outside so as to clearly designate the districts for which they are intended, and, in the case of districts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the election district, to the managers in the several election districts, prior to the hour appointed for opening the polls. The managers of the respective election districts, shall, on delivery to them such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in his discretion, require the managers of the respective districts to call at his office to obtain such packages.
(b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each election district, a sufficient number of copies of the list of electors for such district, such list to contain all the information required by law. The list shall not contain the name of any elector who has been mailed an absentee ballot. The list for a given election district may be divided into as many sections as there are ballot boxes, voting machines or vote recorders in such district. Such list of electors shall be authenti cated by the signatures of at least two of the registrars. The managers of the respective districts shall, on delivery to them of such electors' lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors' lists are de livered. The registrars may, in their discretion, require the managers of the respective districts to call at their offices to obtain such lists.

Section 34-1304. Time for opening and closing polls.--At all pri maries and elections the polls shall be opened at seven o'clock A. M. and shall remain open continuously until seven o'clock P. M., at which time they shall be closed.

Section 34-1305. Correction of errors in electors' lists.--The

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registrars shall meet at their main office during each primary or elec tion for the purpose of considering the qualification of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list.

Section 34-1306. Duties of superior courts on days of primaries and elections.--At least one j'udge of the superior court of each judicial circuit shall be available in his circuit on the day of each primary or election from seven o'clock A. M. until ten o'clock P. M. and so long thereafter as it may appear that the process of such court will be necessary to secure a free, fair and correct computation and canvass of votes cast at such primary or election. During such period the court shall issue process, if necessary, to enforce and secure compliance with the primary or election laws; and shall decide such other matters per taining to the primary or election as may be necessary to carry out the intent of this Code.

Section 34-1307. No campaign activities within two hundred and fifty feet of polling place; extension of such distance; presence of soldiers prohibited.-- (a) No person shall solicit votes in any manner or by any means or method or shall distribute any campaign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind in support of any person, party, body or proposition in any pri mary or election within two hundred and fifty feet of any polling place or the outer edge of any building within which such polling place is established. The superintendent may extend such distance by the promulgation of a rule and regulation.

(b) No body of troops, either armed or unarmed, shall be present at any polling place within this State during the time of any primary or election, provided, however, that no member of same shall be pre vented from exercising the right of suffrage in the election district in which he resides, if otherwise qualified.

Section 34-1308. Meeting of poll officers on day of primary or election; duties of poll officers.-- (a) The poll officers shall meet in the respective places appointed for holding the primary or election in each election district at least thirty minutes before the hour for opening the polls on the day of each primary or election. They shall thereupon, in the presence of each other, take and subscribe in duplicate the oaths required by this Code.

(b) If any chief manager shall not appear at the polling place by seven o'clock A. M. on the day of any primary or election, the as sistant managers shall appoint a chief manager, who is qualified under the provisions of this Code. If any assistant manager shall not appear at such hour, the chief manager shall appoint an assistant manager, who is qualified under the provisions of this Code. If, for any reason, any vacancy in the office of manager shall not have been filled, as aforesaid, by seven thirty A. M., the electors of the district, present at such time, shall elect a qualified person to fill such vacancy. If any clerk shall not appear by seven o'clock A. M., the chief manager shall fill such vacancy by appointing a qualified person therefor. Any

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person, thus appointed or elected to fill a vacancy, shall take and subscribe in duplicate to the appropriate oath required by this Code.

(c) After the poll officers of a district have been organized, the chief manager shall designate one of the assistant managers to have custody of the electors list. In districts in which ballots are used, the other assistant manager shall have charge of the receipt and deposit of ballots in the ballot box, the chief manager or one of the clerks shall issue the ballots to electors after they are found entitled to vote, and the other clerk shall have custody of the voter's certificate binder, and shall place the voter's certificates therein as they are re ceived and approved. In districts in which voting machines are used, the other assistant manager or clerk shall have custody of the voter's certificate binder, and shall place the voter's certificates therein as they are received and approved, and the chief manager shall have special charge of the operation of the voting machine; provided, however, that the chief manager may make other arrangements for the division of the duties imposed by this Code, so long as each poll officer is as signed some specific duty to perform. In all election districts, the chief manager shall assign an assistant manager or a clerk to keep a numbered list of voters, in sufficient counterparts, during the progress of the voting.

(d) Any poll officer may be assigned by the chief manager to assist another officer in the performance of his duties, or to perform them for him during his temporary absence or disability.

Section 34-1309. Opening of polls; posting cards of instructions and notices of penalties; examination of voting machines.-- (a) In districts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them, and totally destroy all the ballots and other papers which they may find therein, before the opening of the polls. When the polling place is opened, the ballot box shall be securely locked, and shall not be opened until the close of the polls, as provided in Section 34-1320. At the opening of the polls the seals of the packages furnished by the superintendent shall be publicly broken, and such packages shall be opened by the chief manager. The cards of instruction shall be im mediately posted in each voting compartment, and not less than three such cards and notices of penalties, shall be immediately posted in or about the voting room outside the enclosed space, and such cards of instruction and notices of penalties shall be given to any elector at his request so long as there are any on hand.

(b) (i) In districts in which voting machines are used, at the opening of the polls, the seals of the package furnished by the superin tendent shall be publicly broken, and such package shall be opened by the chief manager. Not less than three cards ,of instruction and notices of penalties, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space, and such cards and notices of penalties shall be given to any elector at his request, so long as there are any on hand. Thereupon the managers, before opening the envelope con taining the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine

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the number of the seal on the machine and the number registered on the protective counter or device, and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or tlie ordinary, and until the custodian or some other person authorized by the ordinary shall have presented himself at the polling place for the purpose of re-examining the machine, and shall have certified that it is properly arranged. But if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with mechanism for printing paper proof sheets, the poll officers shall examine the registering counters, and, for that purpose, shall open the doors con cealing such counters, if the construction of the voting machine shall so require, and, before the polls are opened, each manager shall care fully examine every counter, and shall see that it registers zero (000). When the voting machine provided is equipped with mechanism for printing paper proof sheets, and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys, aforesaid, to an as sistant manager to be retained by him as hereinafter provided, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero (000), and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the duplicate return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager as aforesaid, shall be retained by him until the polls have been closed, and the voting and counting mechanism of the machine shall have been locked and sealed against voting, and shall then be returned to the chief manager, for return by him to the ordinary, as hereinafter provided.
(ii) If the ballot labels containing the names of offices, political parties and bodies, candidates and questions, shall not be in their proper places on the voting machine, the poll officers shall immediately notify the proper custodian of voting machines, or the superintendent, and the machine shall not be used until the custodian, or some other person authorized by the superintendent, shall have supplied ballot labels, as herein prescribed. If the ballot labels for a voting machine shall not be delivered at the time required, or if after delivery, they shall be lost, destroyed or stolen, the superintendent or custodian shall cause other ballot labels to be prepared, printed or written, as nearly in the form of the official ballot labels as practicable, and shall cause such ballot labels to be used in the same manner, as nearly as may be, as the official ballot labels would have been used.
(iii) The managers shall sign a certificate showing: (1) the identifying number or other designation of the voting machine; (2) the delivery of the keys in a sealed envelope; (3) the number on the seal upon the machine; (4) the number registered on the protective counter or device; (5) that all of the counters were set at zero (000); and (6) that the ballot labels are properly placed in the machine, which

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certificate shall be returned by the chief manager to the superintendent with the other certificates, as hereinafter provided.

(iv) The machine shall remain locked against voting until the polls are opened, and shall not be operated except by electors in voting. If any counter is found not to register zero (000), the poll officers shall immediately notify the custodian, or the ordinary, who shall, if practicable, adjust or cause the counters to be adjusted at zero (000), but, if it shall be found impracticable for the custodian or other person authorized by the ordinary to arrive in time so to adjust such counters before the time set for opening the polls, the poll officers shall immediately make a written record of the designation or desig nating letter or number of such counter, together with the number registered thereon (herein below called the initial number) and shall sign and post the same upon the wall of the polling place, where it shall remain until the polls are closed; provided, however, that if the voting machine used is equipped with mechanism for printing paper proof sheets, in any case where any counter is shown by such proof sheet not to register zero (000), if it shall be found impracticable to have such counter adjusted before the time set for opening the polls, the poll officers shall sign such printed proof sheet and post the same upon the wall of the polling place where it shall remain until the polls are closed; and, in filling out the returns of the election, if the final number of such counter is greater than the initial number, the poll officers shall subtract the initial number from the final num ber, and enter the difference on the returns as the vote for the candidate or on the question represented by such counter; if the final number of such counter is less than the initial number, the poll officers shall add one thousand to the final number and shall subtract the initial number from the sum so ascertained, and shall enter upon the returns as the vote for the candidate or on the question represented by such counter the final number plus one thousand less the initial number.

(v) The exterior of the voting machine, and every part of the polling place, shall be in plain view of the poll officers. The voting machine shall be located in the polling place, at least six feet back of the guard-rail or barrier, in such a position that, unless its con struction shall require otherwise, the ballot labels on the face of the machine can be seen plainly by the poll officers when the machine is not occupied by an elector.

(vi) The poll officers shall not themselves be, nor allow any other person to be, in any position that will permit anyone to see or ascertain how an elector votes, or how he has voted. A poll officer shall inspect the face of the machine at frequent intervals, to see that the ballot labels are in their proper places, and that the machine has not been injured or tampered with.

(vii) During a primary or election, the door, or other covering of the compartment containing the counters of the machine shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines, for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signatures of the poll officers, or except upon the

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written order of the ordinary, for good and sufficient reason, which shall be stated in the order.

Section 34-1310. Manner of applying to vote; persons entitled to vote; voter's certificates; entries to be made on voter's certificates; numbered lists of voters; challenges.--(a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature, and the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, shall also be entered by a poll officer upon the electors list. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter the number of the' stub of the ballot issued to him, or his number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.

(b) If any elector was unable to sign his name at the time of regis tration, or, if having been able to sign his name when registered, he subsequently shall have become, through physical disability, unable to sign his name when he applies to vote, he shall establish his identity to the satisfaction of the poll officers, and in such case he shall not be required to sign a voter's certificate, but a certificate shall be pre pared for him by a poll officer,, upon which the facts as to such dis ability shall be noted and attested by the signature of such poll officer.

(c) Except as provided in Sections 34-629 and 34-1407, no person shall vote at any primary or election at any polling place outside the election district in which he resides, nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors list of such election district, and any person, although registered as an elector, may be challenged for cause, by any elector or poll officer at any primary or election and required to take the following oath in writing:

I do swear (or affirm) that my name is (here insert the name as it appears on the electors list) ; that I am duly qualified as an elector, and that at the time of registration I gave my address as (here give the address given on the registration card); and I have for the last six months resided at the following address (here give detailed addresses during the last six months with such particularity that the same can be readily verified or disproved); that I have resided at such places under the name of (here insert the name used); that my mother's maiden name is (or was) (here insert mother's maiden name); and that my father's full name is (or was) (here insert father's name).

Such written oath shall be filed with the board of registrars and preserved. Any other provision of this law to the contrary notwith standing, no challenge as provided in this Section shall be valid as

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to a person who has registered to vote prior to March 25, 1958, on the grounds that such person does not come within either of the classes provided in the two subdivisions of Paragraph IV of Section I of Article II of the State Constitution.

Section 34-1311. Voter's Certificate Binder.--After each elector has been admitted to vote, his voter's certificate shall be inserted in the binder provided therefor by the registrars, and known as the "Voter's Certificate Binder," and such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers.

Section 34-1312. Qualifications of electors to be decided by assitant managers; duty of chief manager.--The assistant managers shall investigate and pass upon the qualifications of all persons claim ing the right to vote at any primary or election, and if the assistant managers shall disagree upon the right of any person to vote, the chief manager shall decide the question.

Section 34-1313. Admission of voters within enclosed space.--(a) No elector shall enter the enclosed space until he is found entitled to vote.

(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in districts in which ballots are used, shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If the elector's right to vote has been challenged for cause and he has taken the oath prescribed in Section 34-1310 (c), the poll officer shall write the word "Challenged" and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector, but if an elector inadvertently spoils a ballot, he may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately cancelled and at the close of the polls shall be enclosed in an envelope, sealed and returned to the superintendent.

(c) The districts in which voting machines are used, an elector, after being found to be qualified and admitted within the enclosed space, shall be admitted to the voting machine booth as soon as it is vacant, and shall be permitted to vote.

(d) Not more than twice as many electors waiting to vote as there are voting compartments or voting machines in use in the district shall be admitted within the enclosed space at ony one time.

Section 34-1314. Method of marking ballots and depositing same in districts in which ballots are used.--(a) In districts in which ballots are used, the elector, after receiving his ballot, shall retire to one

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of the voting compartments, and draw the curtain or shut the screen or door, and shall then prepare his ballot.

(b) At primaries, the elector shall prepare his ballot in the fol lowing manner: He shall vote for the candidates of his choice for nomination or election, according to the number of persons to be voted for by him, for each office, by marking out the name of each candidate for whom he does not wish to vote.

(c) At elections, the elector shall prepare his ballot in the fol lowing manner: He may vote for the candidates of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by making a cross (X) or check (V) mark in the square opposite the name of the candidate, or he may write, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the marking of a cross (X) or check (V) mark. If he desires to vote for every candidate of a political party or body, he may make a cross (X) or check (V) mark in the square opposite the name of the party or body of his choice in the party or body column on the left of the ballot, and every such cross (X) or check (V) mark shall be equivalent to and be counted as a vote of every candidate of a party or body so marked. If he desires to vote for the entire group of presidential electors nomi nated by any party or body, he may make a cross (X) or check (V) mark in the appropriate square at the left of the names of the candi dates for President and Vice President of such party or body. In case of a question submitted to the vote of the electors, he may make a cross (X) or check (V ) mark in the appropriate square opposite the answer which he desires to give.

(d) Before leaving the voting compartment, the elector shall fold his ballot, without displaying the marking thereon, in the same way it was folded when received by him, and he shall then leave the com partment and exhibit the back of the ballot to a poll officer who shall ascertain by an inspection of the number appearing upon the upper portion of the back of the ballot whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. If the ballot is marked "Challenged," the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked "Challenged," deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted.
Section 34-1315. Instructions of electors and manner of voting in districts in which voting machines are used.--(a) If any elector, before or after entering the voting machine booth and before the closing of such booth, shall ask for instructions concerning the manner of voting, a poll officer may give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular

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question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire, and the elector shall forthwith vote.

(b) At primaries, before an elector is admitted to the voting ma chine, it shall be adjusted by the poll officer in charge thereof, so that such elector will only be able to vote for the candidates of the party in whose primary he is then participating.

(c) At primaries, he shall vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate is placed. At elections, he may vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the names of candidates of his choice are placed, or he may vote a straight political party or body ticket in one operation by operating the straight political party or body lever of the political party or body of his choice. He may also, after having operated the straight party or body lever, and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual key, handle, pointer or knob of such candi date, and may thereupon vote for a candidate of another party or body for the same office by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer or knob corresponding to the answer which he desires to give.

(d) An elector may, at any election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate, by a write-in ballot, containing the name of such person, deposited, written or affixed (but not by the use of a sticker or paster) in or upon the appropriate receptacle or device provided in or on the machine for that purpose, and in no other manner. Where two or more persons are to be elected to the same office, and the name of each candidate is placed upon or adjacent to a separate key, handle, pointer or knob, and the voting machine requires that all write-in ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear. With these exceptions, no write-in ballot shall be cast on a voting machine for any person for any office, whose name appears on the machine as a candidate for that office, and any ballot so cast shall be void and not counted.

(e) At any general election at which presidential electors are to be chosen, each elector shall be permitted to vote by one operation for all the presidential electors of a political party or body. For each party or body nominating presidential electors, a ballot label shall be provided containing only the words "Presidential Electors," preceded by the name of the party or body and followed by the names of the candidates thereof for the office of President and Vice President, and the corresponding counter or registering device shall register votes cast for such presidential electors when thus voted for collectively. If an elector desires to vote a ticket for presidential electors made up

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of the names of persons nominated by different parties or bodies, or partially of names of persons so in nomination and partially of names of persons not in nomination by any party or body, or wholly of names of persons not in nomination by any party or body, he may write or deposit a paper ballot prepared by himself in the receptacle provided in or on the machine for the purpose. The machine shall be so con structed that it will not be possible for any one elector to vote a straight party or body ticket for presidential electors and at the same time to deposit a ballot for presidential elctors in a receptacle as hereinabove provided. When the votes for presidential electors are counted, the votes appearing upon the counter or registering device corresponding to the ballot label containing the names of the candidates for President and Vice President of any party or body shall be counted as votes for each of the condidates for presidential elector of such party or body, and thereupon all candidates for presidential elector shall be credited, in addition, with the votes cast for them upon the ballots deposited in the machine, as hereinabove provided.

(f) As soon as the elector has adjusted the voting machine so that it will record his choice for the various candidates to be voted for, and his answers to the various questions submitted, he shall operate the recording mechanism, and immediately leave the voting machine booth.
(g) If an elector's right to vote has been challenged for cause and he has taken the oath prescribed in Section 34-1310 (c), the elector shall not be permitted to vote on the voting machine, but shall vote by ballot in the manner prescribed by this Code.

Section 34-1316. Manner of voting in districts in which vote re corders are used; duties of poll officers.--(a) In districts in which vote recorders are used, the procedure for an elector to obtain a ballot card, to record his vote thereon, and to deposit his ballot card in the ballot box, shall conform to the procedure herein prescribed for paper ballots in so far as practicable.
(b) If an elector shall ask for instructions concerning the manner of voting, a poll officer may give him such instructions, but no person giving an elector such instructions shall in any manner request, sug gest or seek to persuade or induce any such elector to vote any par ticular ticket or for any particular candidate or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire, and the elector shall forthwith vote.
(c) If an elector spoils or defaces a ballot card or write-in ballot, he shall place it in the envelope and return ^t to the managers and re ceive another. A manager shall immediately cancel the spoiled ballot card by writing the word "spoiled" across the envelope in ink, and shall place the envelope, with the ballot card inside, in the container for spoiled ballots.
(d) Before leaving the voting booth, the elector shall place the ballot card in the envelope provided for the purpose so that the votes cast on the ballot card are not exposed to view, and the ballot number

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strip is outside the envelope. The elector, unless his envelope is marked "Challenged", shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box.

(e) The poll officers shall, from time to time, inspect the face of each vote recorder and the ballot labels to determine that the recorder and the ballot labels have not been damaged or tampered with.

(f) If any vote recorder becomes damaged so as to render it in operative in whole or in part, the chief manager shall promptly notify the ordinary or custodian, who shall have such vote recorder repaired or replaced.

Section 34-1317. Assistance in voting.-- (a) No elector shall re ceive any assistance in voting at any primary or election unless he is unable to read the English language or he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder. Before he shall be permitted to receive assistance, such elector shall take an oath, which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath.
(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the man agers to select two poll officers of the election district (who shall act jointly) or an elector of the county, to enter the voting compartment or voting machine booth with him to assist him in voting, such assist ance to be rendered inside the voting compartment or voting machine booth. No elector, who is not a poll officer, shall assist more than two such electors entitled to receive assistance in any primary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection.

Section 34-1318. Ballots to be issued by poll officers only; ballots not to be removed; official ballots only to be deposited or counted.-- No official ballot shall be taken or detached from its stub in any book of ballots, except by a poll officer when a person desiring to vote has been found to be an elector entitled to vote. Not more than one ballot shall be removed at any one time or given to an elector, except in the case of a spoiled ballot as provided by this Chapter. No person other than the poll officers shall take or remove any ballot from the polling place. Only official ballots shall be deposited in the ballot box and counted, except as herein otherwise provided. If any ballot appears to have been obtained otherwise than from the superintendent as pro vided by this Chapter, the same shall not be counted, and the chief manager shall transmit such ballot to the solicitor general without

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delay, together with whatever information he may have regarding the same.

Section 34-1319. Regulations in force at polling places.--(a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another, except when giving as sistance as permitted by this Code.

(b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time, and if he shall refuse to leave after such period, he shall be removed by the poll officers.

(c) No elector, except a poll officer, shall re-enter the enclosed space after he has once left it, except to give assistance as provided by this Code.

(d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or ques tion, nor shall any written or printed matter be posted up within the said room, except as required by this Code.

(e) All persons, except poll officers, persons in the course of voting, persons lawfully giving assistance to electors, and peace of ficers, when necessary for the preservation of order, must remain out side the enclosed space during the progress of the voting.

(f) When the hour for closing the polls shall arrive, all electors who have already qualified, and are inside the enclosed space, shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so, if found qualified, but no other persons shall be permitted to vote.

(g) It shall be the duty of the chief manager to secure the ob servance of the provisions of this Section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this Chapter.

Section 34-1320. Duties of poll officers after the close of the polls in districts in which ballots are used.--After the polls are closed and the last elector has voted in districts in which ballots are used, the poll officers shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and cancelled, shall be announced to all present in the voting room, and entered on the general returns of votes cast at such primary or election. The poll officers shall then compare the number of electors voting as shown by the stubs with the number of names as voting by the electors' list, voter's certificates, and the numbered list of voters, and shall announce the result, and shall enter on the general returns the number of electors who have voted, as shown by the voter's cer tificates. If any differences exist, they shall be reconciled, if possible, otherwise they shall be noted on the general returns. The electors' list, the voter's certificates, the numbered list of voters and the stubs of

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all ballots used, together with all unused ballots, and all spoiled and cancelled ballots, and all rejected voter's certificates shall then be
placed in separate packages, containers or envelopes, and sealed, before the ballot box is opened.

Section 3'4-1321. Count and return of votes in districts in which ballots are used.--(a) As soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voter's certificates, numbered list of voters and electors' lists have been sealed, the poll officers shall open the ballot box, and take therefrom all ballots therein. The ballots shall then be counted one by one, and a record made of the total number. Then the chief manager, under the scrutiny of one of the assistant managers and in the presence of the other poll officers, shall read aloud the names of the candidates marked or written upon each ballot, together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions submitted, if any, and the other assistant manager and clerks shall carefully enter each vote as read, and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person while handling the ballots shall have in his hand any pencil, pen, stamp or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to canvass and compute the votes cast, and shall not adjourn or postpone the canvass or computation until it shall have been fully
completed.

(b) When the vote cast for the different persons named upon the ballots and upon the questions, if any, appearing thereon, shall have been fully recorded in the tally papers and counted, the poll officers shall duly certify to the number of votes cast for each person and question, and shall prepare in ink a sufficient number of general re turns, showing, in addition to the entries made thereon as aforesaid, the total number of ballots received from the superintendent, the number of ballots cast, the number of ballots declared void, and the number of ballots spoiled and cancelled, and any blank ballots cast, as well as the votes cast for each candidate. At elections, the number of votes cast for each candidate by each political party or body of which such candidate is a nominee shall be separately stated.

(c) In returning any votes cast for any person whose name is not printed on the ballot, the poll officers shall record any such names exactly as they were written on the ballot.

Section 34-1322. What ballots shall be counted; manner of count ing; defective ballots.--(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector who is found qualified to vote. Any ballot marked by anything but pen or pencil shall be void and not counted. Any ballot marked by any other mark than a cross (X) or check (V) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check (V) mark thereon is irregular in form. Any erasure, mutilation or defective marking of the straight party or body

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column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. Any erasure, mutilation or defect in the vote for any candidate shall render void the vote for such candidate, but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. Any ballot indicating a write-in vote for any person whose name is not printed on the ballot, shall be counted as a vote for such person, if written in the proper space or spaces pro vided for that purpose, whether or not a cross (X) or check (V ) mark is placed before the name of such person. If an elector shall mark his ballot for more persons for any office than there are candidates to be voted for for such office, or if, for any resason, it may be im possible to determine his choice for any office, his ballot shall not be counted for such office, but the ballot shall be counted for all offices for which it is properly marked. Ballots not marked, or improperly or defectively marked, so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots.

(b) At elections, a cross (X) or check (V) mark in the square opposite the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body so marked.

Section 34-1323. Ballot decisions to be made by assistant managers; duty of chief manager.--Decisions concerning questionable marks on bal lots or defacing or mutilation of ballots, and the count to be recorded thereon, shall be made in the same manner as decisions concerning the qualifications of electors, as provided in Section 34-1312.

Section 34-1324. Signing and disposition of returns, electors' list and voter's certificates; posting; return of ballot boxes.--(a) Im mediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be immediately posted for the in formation of the public outside the polling place, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officers shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, in cluding those declared void, spoiled, and cancelled, together with the voter's certificates, one set of tally papers, one general return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent, and the superintendent shall not compute any returns from any election district until the ballot boxes therefor, as well as the package of unused ballots and other election supplies therefrom are so delivered.

(b) The tally papers, affidavits of voters and others, including oaths of poll officers, and one general return sheet shall be placed in

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separate envelopes, to be provided for that purpose, and sealed as soon as the count is finally completed. All of such envelopes and one numbered list of voters, previously sealed as aforesaid, shall be en trusted to the chief manager to be immediately delivered to the super intendent.

(c) Immediately upon completion of the count and tabulation of the votes cast, the electors' list shall be sealed and returned im mediately by the chief manager to the superintendent who shall transmit it to the registrars.

Section 34-1325. Duties of poll officers after the close of the polls in districts in which voting machines are used.--As soon as the polls, are closed and the last elector has voted, the poll officers shall im mediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mechanism will be prevented from operation, and they shall then sign a certificate stating: (i) that the machine has been locked against voting and sealed; (ii) the num ber, as shown on the public counter; (iii) the number on the seal which they have placed upon the machine; (iv) the number registered on the protective counter or device; and (v) the number or other designation of the voting machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as herein provided. The poll officers shall then compare the number, as shown by the public counter of the machine, with the number of names appearing on the numbered list of voters, the electors' list and voter's certificates, which shall then be placed in separate packages, con tainers or envelopes and sealed.

Section 34-1326. Canvass and return of votes in districts in which voting machines are used.-- (a) If the type of voting machine pro vided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then make visible the registering counters, and, for that purpose, shall unlock and open the doors, or other covering concealing the same, giving full view of all the counter numbers. If the voting machine is equipped with mechanism for print ing paper proof sheets, the poll officers shall forthwith print not less than four proof sheets, and as many more as may be requested by those present to the extent of the machine's capacity. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candi dates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. The counters shall not be read con secutively along the party or body rows or columns, but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next.

(b) The vote as registered shall be entered by the poll officers,

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in ink, on duplicate return sheets, and also on a general return sheet and statement, all of which, after the canvass is completed, shall be signed by the poll 'officers. If any poll officer shall refuse to sign or certify the general or duplicate return sheets or statement, he shall write his reasons therefor upon such sheets. The vote for presidential electors shall be computed and returned as provided in Section 341314(c). If more than one voting machine is used in any election district, the vote registered on each machine shall be ascertained in like manner, and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate, and for and against each question, shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of electors who have voted, as shown by the numbered list of voters, electors' list, and voter's certificates, and the number on each machine, as shown by the public counters, and also the number registered on the protective counter or device on each machine im mediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primaries, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns, and all other reports have been fully completed and checked by the poll officers. During such time, any candidate or his representative who may desire to be present shall be admitted to the polling place.

(c) The proclamation of the result of the votes cast shall be an nounced distinctly and audibly by the chief manager, who shall read the name of each candidate, the designation or designating numbers and letters of his counters, and the vote registered on each counter, also the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the paper proof sheets, as the case may be, and any necessary corections shall then and there be made by the poll officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed, in or upon the voting machine, shall be enclosed in properly sealed pack ages, and properly endorsed, and shall be delivered by the chief man ager as hereinafter provided. The chief manager shall promptly deliver to the ordinary, or his representative, the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers, stating the number of the machine, the election district where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls.
(d) The poll officers, on the foregoing returns, shall record any votes which have been cast by means of a write-in ballot for a person whose name is not printed on the ballot labels. In returning any such votes which have been written, deposited or affixed upon receptacles or devices provided for the purpose, the poll officers shall record any such names exactly as they were written, deposited or affixed.

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Section 34-1327. Disposition of returns; posting; return of electors' list and voter's certificates.--(a) The general return sheet, duplicate return sheets, and statement, shall be printed to conform with the type of voting machine used, and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name. Immediately after the vote has been ascertained, the state ment thereof shall be posted on the door of the polling place. Dupli cate return sheets, voter's certificates, numbered list of voters, oaths of poll officers, and affidavits of voters and others, shall be sealed up and given to the chief manager, who shall deliver them, together with the general return sheet and the package of ballots deposited, written or affixed in or upon the voting machine, to the superintendent. If the type of voting machine is equipped with mechanism for printing paper proof sheets, one of such proof sheets shall be posted on the door of the polling place with such statement; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the chief manager to the superintendent. The printed proof sheet re turned with the general return sheet, and the printed proof sheet returned with the duplicate return sheet, shall each be part of the return of the primary or election.

(b) Immediately upon the completion of the count and tabulation of the vote cast, the electors' list shall be sealed and returned im mediately by the chief manager to the superintendent who shall transmit it to the registrars.

Section 34-1328. Duties of poll officers after the close of the polls in districts in which vote recorders are used.--As soon as the polls are closed and the last elector has voted in election districts in which vote recorders are used, the poll officers shall:

(a) Place the vote recorders under lock or seal;

(b) Open each ballot box and count the number of ballots cast;

(c) Examine the ballot cards and separate the write-in ballots for later counting;

(d) Place ballot cards in the ballot container to be taken to the tabulating machine center;

(e) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector, so that write-in ballots may be identified with the corresponding ballot cards;

(f) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot, in com bination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast

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for that office shall be marked void and shall not be counted; and the ballot card of such elector shall be returned to the envelope, on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where a duplicate ballot card shall be made on which any invalid vote shall be omitted;

(g) After the write-in ballots have been counted and the re turns prepared, the write-in shall be placed in an envelope marked "Write-in Ballots" and the designation of the polling place and the number of write-in ballots contained therein shall be placed on such envelope, which shall be sealed and signed by the managers; and such envelope shall then be placed in the ballot container with the other ballot cards;
(h) Any ballot card that is so torn, bent or mutilated that it may not be counted by the tabulating machine, shall be placed in an envelope marked "Defective Ballots" and placed in the con tainer with other ballot cards; and

(i) In the event that paper ballots are used in conjunction with tabulating card ballots, the counting of the paper ballots shall be conducted as provided by law.

Section 34-1329. Return in districts in which vote recorders are used.--Upon completion of the count of write-in votes, the managers shall prepare and sign a return, in sufficient counterparts, showing: (a) the number of valid ballot cards, including any that are damaged; (b) the number of write-in ballots voted, and the tally of the writein votes; (c) the number of spoiled and invalid ballot cards; and (d) the number of unused ballot cards. The managers shall then place one counterpart of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in envelopes, in the ballot card container, which shall be sealed and signed by the managers so that it cannot be opened without breaking the seal. The managers shall deliver the container to the tabulating machine center, or other place designated by the superintendent, and shall receive a receipt therefor. The remaining counterparts of the returns, unused ballot cards, records, vote recorders, and other materials shall be re turned in tha same manner as similar materials in election districts in which voting machines and paper ballots are used.

Section 34-1330. Conduct of special elections; returns. -- Every special election on a proposed constitutional amendment or other question, to be voted on by the electors of the State at large, or by the electors of any political subdivision, shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto, in so far as practicable, and not incon sistent with any other provisions of this Code. All such special elections shall be conducted by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elec tions. The returns of special elections, unless otherwise provided by

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law, shall be prepared and returned in like manner as returns from general elections, and shall be canvassed and computed as herein provided.

Section 34-1331. Removal and storage of voting machines.--As soon as possible after the completion of the count in districts in which voting machines are used, the ordinary shall have the voting machines removed to the place of storage provided for in this Code. The voting machines shall remain locked against voting for the period of ten days next following each primary and election, and as much longer as may be necessary or advisable because of any existing or threatened contest over the result of the primary or election, with due regard for the date of the next following primary or election, except that they may be opened and all the data and figures therein examined under the pro visions of this Code, by order of any superior court of competent jurisdiction, or by direction of any legislative committee to investigate and report upon contested primaries or elections affected by the use of such machines, and such data and such figures shall be examined by such committee in the presence of the officer having the custody of such machines.

Section 34-1332. Duties of primary and election officials per formed in public.--Superintendents, poll officers and other officials, engaged in the conduct of primaries and elections held under the pro visions of this Code, shall perform their duties in public.

Chapter 34-14. Absentee Voting.
Section 34-1401. Definition.--The words "absentee elector," when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia who is required to be absent from the county of his residence during the time of the primary or election he desires to vote in or who because of physical disability will be unable to be present at the polls on the day of such primary or election.

Section 34-1402. Application for ballot.--(a) Any absentee elector or, upon satisfactory proof of relationship, his mother, father, aunt, uncle, sister, brother, spouse, or daughter or son of the age of eighteen or over, may, not more than ninety days prior to the date of the primary or election the elector desires to vote in, make an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's district to be vpted at such primary or election. The application shall be in writing and shall contain the name and residence address of the elector, the address he desires to have the ballot mailed to, the identity of the primary or election he desires to vote in, and such other information as the board of registrars may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application.
(b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a certificate of a licensed attending physician, hospital administrator or a Christian

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Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of primary or election.

(c) The board of registrars, upon receipt of a timely application, shall enter thereon the date received and shall determine if the ap plicant is eligible to vote in the primary or election involved. If found eligible, the board shall grant the application and mail or deliver the ballot as hereinafter provided. If found ineligible, the board shall deny the application and promptly notify the applicant in writing of the ground of his ineligibility. In the case of an unregistered applicant, who is eligible for absentee registration, the board shall forthwith mail the ballot accompanied by a blank registration card as provided by Section 34-619 and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election; and his ballot shall be cast therein if returned to the board simultaneously with or after the return of such registration card, but not later than the close of the polls.

Section 34-1403. Official absentee ballots.--Ballots for use by absentee electors shall be prepared sufficiently in advance by the
superintendent and shall be delivered to the board of registrars as hereinafter provided. Such ballots shall be marked "Official Absentee Ballot" and shall be in substantially the form for ballots required by Chapter 34-11, which form shall be determined and prescribed by the Secretary of State.

Section 34-1404. Envelopes for official absentee ballots.--(a) The superintendent shall provide two additional envelopes for each official absentee ballot of such size and shape as shall be prescribed by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words "Official Absentee Ballot," and nothing else. On the back of the larger of the two envelopes, to be enclosed within the mailing envelope, shall be printed the form of affidavit of the elector, together with the form of jurat of the person in whose presence the ballot is marked and before whom the affidavit is made, and on the face of such envelope shall be printed the name and address of the board of registrars. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State, and nothing else.

(b) The affidavit and jurat referred to in Subsection (a) shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __-._._._._--____._...---,,_________, County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the election district containing my residence in the primary or election in which

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this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot, for voting in such primary or election, nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot and that I have carefully complied with such instructions in completing this ballot.

Signature of Affiant
Sworn to and subscribed before me this day. I hereby certify that I have read and understand the instructions accompanying this ballot and that the above affiant and I have carefully complied with such instructions in preparing the enclosed ballot; and that the affiant was not solicited or advised by me to vote for or against any candidate or question.
This, the .... ...--. day of ._._.... ........._._______, 19____.

Signature of official

Official title.
Section 34-1405. Duties of superintendent and board of registrars. -- (a) The superintendent shall, as soon as practicable prior to each primary or election, prepare and deliver an adequate supply of official absentee ballots, envelopes and other supplies as required by this Chapter, to the board of registrars for use in the primary or election. The board of registrars shall within two days after the receipt of such supplies deliver or mail official absentee ballots to all eligible ap plicants; and as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such addi tional applicants immediately upon determining their eligibility; pro vided however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over three hundred miles from the main office of the board of registrars; and provided further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor.
(b) Each board of registrars shall maintain for public inspection a master list, arranged by election districts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. This list shall be prepared at least twenty days prior to the primary or the election day involved and shall be promptly revised to reflect each change affecting the list.
Section 34-1406. Voting by absentee electors.--(a) At any time after receiving an official absentee ballot, but before the day of the

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primary or election, the elector, for the purpose of voting, may appear before: (i) a postmaster or assistant postmaster of the United States while within the confines of the post office; (ii) any commissioned officer in the active armed service of the United States if the elector is a member of such service; (iii) any consul of the United States or his assistant; or (iv) a registrar or deputy registrar of the county of the elector's residence. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to mark the ballot with pen or pencil, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked,, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed "Official Absentee Ballot." This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appears, and the address of the elector's board of registrars. The elector shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars.

(b) A physically disabled elector may receive assistance in the preparing and mailing of his ballot from the person administering: the oath when the disability makes such assistance necessary. An illiterate elector may also receive such assistance.

Section 34-1407. Keeping and depositing ballots.-- (a) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. All absentee ballots returned to the board after the closing of the polls on the day of primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election, and shall then without being opened, be destroyed in like manner as the used ballots of the primary or election.

(b) After the close of the polls on the day of the primary or elec tion a registrar shall deliver the official absentee ballot of each elector to the managers in charge of the polling place of the election district containing the county courthouse. The managers shall examine the affidavit and jurat of each envelope. If the managers are satisfied that the affidavit and jurat are sufficient and that the absentee elector is otherwise qualified to vote, a manager shall announce the name of the elector and shall give any person present an opportunity to challenge in like manner and for the same cause as the elector could have been challenged had he presented himself in such district to vote other than by official absentee ballot. Also, the managers shall consider any absentee elector challenged when a person has previously filed with it a written challenge of such elector's right to vote. A manager shall then open the envelope in such manner as not to destroy the affidavit and jurat printed thereon and shall deposit the inner envelope, marked "Official Absentee Ballot," in a ballot box reserved for absentee ballots. The managers shall record on their numbered list of voters the name of

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each elector whose official absentee ballot is cast at such polling place.

(c) If the managers shall find that the affidavit or jurat is in sufficient or that the absentee elector is otherwise disqualified to vote, the envelope shall not be opened and a poll officer shall write across the face of the envelope, "Rejected", giving the reason therefor, and the board of registrars shall promptly notify the elector of such rejection.

(d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write "Challenged", the elector's name and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the ballot box. The board of registrars shall promptly notify the elector of such challenge.
Section 34-1408. Ballots of deceased electors.--Whenever it shall be made to appear by due proof to the managers that an absentee elector who has marked and forwarded or delivered his ballot as pro vided in this Chapter has died prior to the opening of the polls on the day of the primary or election, then the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots.
Section 34-1409. Cancellation of ballots of electors present during primaries and elections.--Whenever an elector (other than one whose physical disability prevents his attendance at the polls) is present in the county of his residence during the time the polls are open in any primary or election for which he has returned an absentee ballot for voting, such elector shall immediately appear in person before the registrars and shall request in writing that the envelope containing his absentee ballot be marked "Cancelled". The registrars, after having satisfied themselves as to the identity of such elector, shall thereupon grant the request and shall notify the managers of his election district as to such action so as to permit him to vote in person in his district. Cancelled absentee ballots shall remain sealed in their envelopes and shall be disposed of in the same manner as Section 34-1407 (a) provides for absentee ballots returned too late to be cast.

Section 34-1410. Postage; air mail.--The postage required for mailing ballots, to absentee electors, as provided in this Chapter, shall be paid by the county, except in cases where free mail delivery is furnished by the Federal Government. The board of registrars shall employ air mail in cases where it will facilitate voting by absentee
electors.

Section 34-1411. Custody of records; disposition of unused ballots and envelopes.--All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear, shall be delivered to the clerk of superior court upon the conclusion of the primary or election and safely kept by him for the period required by law and then shall be destroyed. On the day following the election the board of registrars shall destroy all unused absentee ballots and shall return to the superintendent all unused envelopes for transmitting
such ballots.

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Chapter 34-15. Returns of Primaries and Elections.

Section 34-1501. Office of superintendent to remain open during primaries and elections and until completion of count; reports and returns to be made public.--Each superintendent shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him.

Section 34-1502. Returns to be open to public inspection; excep tions.--The general returns from the various districts which have been returned unsealed shall be open to public inspection at the office of the superintendent as soon as they are received from the chief managers. None of the envelopes sealed by poll officers and entrusted to the chief manager for delivery to the superintendent shall be opened by any person, except by the order of the superintendent, or of a court of competent jurisdiction.

Section 34-1503. Place of meeting for computation of votes; notice; papers to be prepared; assistants to be sworn.--The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his office or at some other convenient public place at the county seat with accommodations for those present in so far as space permits, an interested candidate or his representative shall be permitted to keep or check his own computation of the votes cast in the several election districts as the returns from the same are read, as hereinafter directed. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the county courthouse, of the time and place when and where he will commence and hold his sessions for the computation and canvassing of the returns, and keep copies of such notice posted in his office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in proper manner, and headed as the nature of the primary or election may require, for making out full and fair state ments of all votes which shall have been cast within the county or any district therein, according to the returns from the several election districts thereof, for any person voted for therein, or upon any ques tion voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not read, write, count or certify any return or vote falsely or fraudulently.

Section 34-1504. Computation of returns by superintendent; certi fication; issuance of certificates of election.--(a) The superintendent shall, at or before noon on the day following the primary or election, at his office or at some other convenient public place at the county seat, of which due notice shall have been given as provided by Section 34-1503, publicly commence the computation and canvassing of the re turns, and continue the same from day to day until completed, in the manner hereinafter provided. For this purpose the superintendent may organize his assistants into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various districts of the county in the manner provided by this Section. Upon

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the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county and sign, announce and attest the same, as required by this Section.

(b) The superintendent, before computing the votes cast in any election district, shall compare the registration figure with the cer tificates returned by the poll officers showing the number of persons who voted in each district or the number of ballots cast. If, upon consideration by the superintendent of the returns before him from any election district and the certificates aforesaid, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of electors in such election district or exceeds the total number of persons who voted in such election district or the total number of ballots cast therein, in any such case, such excess shall be deemed a discrepancy and palpable error, and shall be investigated by the superintendent, and no votes shall be recorded from such district until an investigation shall be had, and such excess shall authorize--(i) the summoning of the poll officers to appear forthwith with any primary or election papers in their possession; (ii) the production of the ballot box before the superintendent, and the examination and scrutiny of all of its contents, and all of the registration and primary or election documents whatever, relating to such district, in the presence of representatives of each party, body and candidates interested who are attending the canvass of such votes; and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomi nation, or question as to which the excess exists, in the discretion of the superintendent; (iii) the correction of the returns in accordance with the result of such recount; (iv) in the discretion of the superintendent, the exclusion of the poll of that district, either as to all offices, candi dates, questions, and parties and bodies, or as to any particular offices, candidates, questions, or parties and bodies as to which such excess exists, if the ballot box be found to contain more ballots than there are electors registered in such election district, or more ballots than the number of voters who voted in such district at such primary or election and; (v) a report of the facts of the case to the solicitor general where such action appears to be warranted.

(c) The superintendent shall first publicly account for all extra official ballots printed under the provisions of Section 34-1107. The general returns made by the poll officers from the various election districts shall then be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a district in which ballots were used, read therefrom the number of ballots issued, spoiled and cancelled, and cast, respectively, where upon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each election district, in cluding the number of extra official ballots as provided by Section 34-1107 as so furnished and the number of stubs and unused ballots and spoiled and cancelled ballots returned, shall publicly announce the number of the same respectively, and unless it appears by such num ber or calculations therefrom that such records, and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superin tendent. In the case of districts in which voting machines are used, there shall be read from the general return the identifying number

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or other designation of each voting machine used, the numbers regis tered on the protective counter or device on each machine prior to the opening of the polls and immediately after close of the same, whereupon the assistant having charge of the records of the superintendent show ing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place, shall publicly announce the numbers so registered, and unless it appears that such records, and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent.

(d) (i) In districts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly and in an orderly manner from the general return which has been returned unsealed, and the figures announced shall be compared by other as sistants with the general return which has been returned sealed. The figures announced for all districts shall be compared by one of the assistants with the tally papers from the respective districts. If any discrepancies are discovered, the superintendent shall thereupon ex amine all of the return sheets, tally papers and other papers in his possession relating to the same election district. If the tally papers and sealed general return sheet agree, the unsealed general return shall be forthwith corrected to conform thereto. But in every other case the superintendent shall forthwith cause the ballot box of the district to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives, and if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear forthwith with all election papers in their possession.

(ii) In districts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly and in an orderly manner from the general return sheet which has been returned unsealed, and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed, and if the voting machine is of the type equipped with mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall thereupon examine all of the return sheets, proof sheets and other papers in his possession relating to the same election district. Such proof sheets shall be deemed to be prima facie evidence of the result of the primary or election and to be prima facie accurate, and if the proper proof sheets properly identified, shall be mutually consistent, and if the general and duplicate returns, or either of them, from such district shall not correspond with such proof sheets, they shall be corrected so. as to correspond with same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent.
(iii) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly regardless of any fraudulent or

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erroneous returns presented to him, and shall report the facts to the appropriate solicitor general for action.

(e) (i) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the tabulating machine center shall be depu tized by the superintendent, and only persons so deputized shall touch any ballot card, container, paper, or machine utilized in the conduct of the count, or be permitted to be inside the area designated for officers deputized to conduct the count. All proceedings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superin tendent or his authorized deputy shall touch any ballot cards or ballot card container.

(ii) At the tabulating machine center the seal on each container of ballot cards shall be inspected and certified that it has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not conmingled with the ballot cards of other polling places.

(iii) If it appears that a ballot card is so torn, bent or otherwise defective that it cannot be processed by the tabulating machine, the officer in charge of the tabulating machine shall have a true duplicate copy prepared for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the word "Duplicate" and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall after inspection, be duplicated in the same manner, except that the invalid vote shall not be recorded on the duplicate ballot.

(iv) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this Code for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this Code. The ballot cards, write-in ballots, spoiled, defective and invalid ballot cards and returns shall be filed and retained in the same manner as provided by this Code for paper ballots.

(v) The final canvass of the votes cast on vote recorders and counted by tabulating machines in a primary or election may be made by adding the results as determined by the superintendent, to the results of the canvass of votes cast by absentee electors and write-in votes, and making the statement of the vote in the manner provided for the particular primary or election. If paper ballots or voting machines are used in part of the county for all or a part of the primary or election, such votes shall be canvassed in the manner provided by

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this Code, and shall be added to the votes cast on ballot cards as pro vided by this Code.
(f) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the election district of the elector casting such ballot.
(g) Recanvass of vote.--Whenever it shall appear that there is a discrepancy in the returns of any election district, or, upon petition of three electors of any district, verified by affidavit, that an error, although not apparent on the face of the returns, has been committed therein, or of his own motion, the superintendent shall at any time prior to the completion of the computation of all of the returns for the county, summon the poll officers of the district, and such officers, in the presence of the superintendent, shall make a record of the number of the seal upon the voting machine, and the number on the protective counter or other device; shall make visible the registering counters of such machine, and, without unlocking the machine against voting, shall recanvass the vote cast thereon. Before making such recanvass, the superintendent shall give notice in writing to the custodian of voting machines, and to each candidate, and to the county chairman of each party or body, affected by the canvass, and each such candidate may be present in person, or by representative, and each of such parties or bodies, may send two representatives to be present at such recanvass. If, upon such recanvass, it shall be found that the original canvass of the returns has been correctly made from the machine, and that the discrepancy still remains unaccounted for, the superintendent, with the assistance of the custodian, in the presence of the poll officers and the authorized candidates and representatives, shall unlock the voting and counting mechanism of the machine, and shall proceed thoroughly to examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in returns from such machine. Each counter shall be reset at zero (000) before it is tested, after which it shall be operated at least one hundred times. After the completion of such examination and test, the custodian shall then and there prepare a statement, in writing, giving in detail the result of the examination and test, and such statement shall be witnessed by the persons present, and shall be filed with the superintendent. If, upon such recanvass, it shall appear that the original canvass of the returns by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly; provided, however, that in the case of returns from any election district wherein the primary or election was held by the use of a voting machine equipped with mechanism for printing paper proof sheets, such proof sheets, if mutually consistent, shall be deemed to be prima facie evidence of the result of the primary or election and to be prima facie accurate, and there shall not be considered to be any discrepancy or error in the returns from any sach district, such as to require a recanvass of the vote, if all available proof sheets, from the voting machine used therein, identified to the satisfaction of the superintendent and shown to his satisfaction to have been produced from proper custody, shall be mutual ly consistent, and, if the general and duplicate returns, or either of them from such district shall not correspond with such proof sheets, they, and all other papers being prepared by the superintendent, shall be corrected so as to correspond with the same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superin-

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tendent by the weight of the evidence, and only In such case shall the vote of such election district be recanvassed under the provisions of this Section.
(h) As the returns from each election district are read, computed and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various election districts which are entitled to be counted shall have been duly recorded, when they shall be added together, announced and attested by the assistants who made and computed the entries respec tively and signed by the superintendent. At the expiration of five days after the completion of the computation of votes, in case no petition for a recount or recanvass has been filed in accordance with the provisions of this Code, or upon the completion of the recount or recanvass if a petition therefor has been filed within five days after the completion of the computation of votes, the superintendent shall certify the returns so computed in such county in the manner required by this Code, unless upon appeals taken from any decision, a court of competent jurisdiction shall have directed any returns to be revised, or unless in case of a recount, errors in such returns have been found, in which case such returns shall be revised, corrected and certified accordingly. The ordinary shall thereupon, in the case of elections, issue certificates of election to the successful candidates for all county offices to be filled by the votes of electors of such county.

Section 34-1505. Manner of computing write-in votes.--The super intendent, in computing the votes cast at any election, shall compute and certify write-in votes exactly as such names were written on the ballot, or deposited or affixed in or on receptacles for that purpose, and as they have been so returned by the poll officers.

Section 34-1506. Copy of certified returns to be filed; primary returns; returns forwarded to Secretary of State.--(a) After the cer tification of the returns of any primary or election, as provided by Section 34-1504, the superintendent shall retain in his office one copy of the returns so certified.
(b) In the case of a primary, each county executive committee shall make the return required by the rules of its party.

(c) The returns of every election of Governor, Lieutenant Gov ernor, Secretary of State, Attorney General, State School Superin tendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be sealed up by the ordinary separately from the other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and shall be transmitted to the Secretary of State, who shall, without opening such returns, cause the same to be laid before the Senate on the day after the two Houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.
(d) In the case of elections of Federal and State officers, except those officers named in Subsection (c) above, a separate certificate showing totals of the returns cast for each of such officers respectively,

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shall also be forwarded by the ordinary to the Secretary of State on forms furnished by the Secretary of State.

(e) The returns and certificates referred to in Subsections (c) and (d) above shall be accompanied in each election with a numbered list of voters from each election district involved.

Section 34-1507. Secretary of State to tabulate, compute and can vass certain returns.--Upon receiving the certified returns of any election from the various ordinaries, the Secretary of State shall forth with proceed to tabulate, compute and canvass the votes cast for all candidates described in Section 34-1506 (d), and upon all questions voted for by the electors of more than one county, and shall thereupon certify and file in his office the tabulation thereof.

Section 34-1508. Returns of county and militia district officers commissioned by Governor to be transmitted to Governor; commissions; contests.--(a) In case of the election of any county officer, justice of the peace,, constable or other officer required by law to be com missioned by the Governor in any of the several counties of this State, it shall be the duty of the ordinary to transmit immediately to the Secretary of State a certified copy of the returns for all such offices. The Secretary of State shall forthwith lay the returns so made before the Governor, and the Governor shall issue a commission to any persons elected to such offices, notwithstanding that the election of any such persons to any of such offices may be contested in the manner pro vided by this Code.

(b) Whenever it shall appear by the decision of the proper tribunal having jurisdiction of a contested election, that the person to whom such commission shall have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall issue to the person who shall appear to be legally elected to such office, and the issuing of such commission shall nullify the commission already issued, and all power and authority under such commission first issued shall thereupon cease.

Section 34-1509. Certification of results of referendum elections.-- The results of all referendum elections which are provided for by any act of the General Assembly shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the official citation of the act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications.

Section 34-1510. United States Senators; Representatives in Con gress; certificates of election; returns.--Upon completing the tabula tion of any election for United States Senator or Representative in Congress, the Secretary of State shall lay the same before the Gov ernor, who shall immediately issue certificates of election under the seal of the State, duly signed by himself, and attested by the Secretary of State, and deliver the same to the candidates receiving a majority of the votes for the respective offices. The Governor shall also transmit

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the returns of such election to the President of the United States Sen ate, in the case of the election of a United States Senator, and to the Speaker of the House of Representatives of the United States, in the case of the election of Representatives in Congress.

Sction 34-1511. Members of General Assembly; certificates of election; returns.--The Secretary of State shall issue certificates of election to the persons elected members of the Senate and House of Representatives of the General Assembly, and between the hours of twelve noon and one P. M. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Repre sentatives the several returns of the elections of members of the respective Houses. In case of a special election occurring during a session of the General Assembly, he shall present the returns thereof to the proper House as soon as received and tabulated by him.

Section 34-1512. Governor and other State officers; certificates of election; commissions.--The person receiving a majority of the votes for the respective offices named in Section 34-1506(c) shall be declared elected thereto, and certificates of such elections shall be made and filed with the Secretary of State. The Secretary of State shall immediately lay before the Governor such certificates of election, except the certificate of election of Governor, whereupon the Governor shall issue a commission to each person so elected; and then the Secretary of State shall issue a commission to the person elected Gov ernor. The Secretary of State shall immediately after tabulating and computing the returns of each election of Justice of the Supreme Court, of Judge of the Court of Appeals, of Commissioner of the Georgia Public Service Commission, of judge of the superior court, and of solicitor general, certify the result thereof to the Governor, who shall immediately issue a commission to such person.

Section 34-1513. Presidential electors; certificates of persons elected.--The Secretary of State, on receiving and computing the re turns jjf the election of presidential electors, shall lay them before the Governor, who shall enumerate and ascertain the number of votes given for each person so voted for, and shall cause a certificate of election to be delivered to each person so chosen.

Section 34-1514. Majority vote required to nominate or elect; exception; runoff primary or election.--No candidate shall be nomi nated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a runoff primary or election shall be held, between the two candidates re ceiving the highest number of votes, on the fourteenth day after the day of holding the first primary or election. The candidate receiving a majority of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. The electors' registration deadline applicable to any primary or election shall also apply to any resulting runoff primary or election. The State executive committee of a political party holding a runoff primary in an area involving two or more counties shall make prior arrangement for financing the cost of holding same. The provisions of this Section shall

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not apply to candidates seeking party nomination for an election to the governing authority of a county, composed of two or more members.

Section 34-1515. Delivery of ballots and other documents to clerk of superior court.--Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed containers to the clerk of the superior court the used, unused and void ballots and the stubs of all ballots used, and one copy of each electors' list, num
bered list of voters, tally paper, voting machine paper proof sheet, and return, involved in the primary or election. The clerk shall hold such ballots and other documents under seal (unless otherwise directed by the superior court) until the next meeting of the grand jury and shall thereupon present such documents to the grand jury for inspec tion. Such ballots and other documents shall be preserved in the office of the clerk until the adjournment of such grand jury and then they may be destroyed unless otherwise provided by court order.

Chapter 34-16. Electoral College.

Section 34-1601. Election of presidential electors.--At the No vember election to be held in the year 1964, and every fourth year there after, there shall be elected by the electors of this State persons to be known as electors of President and Vice President of the United States, and referred to in this Code as presidential electors, equal in number to the whole number of senators and representatives to which this State may be entitled in the Congress of the United States.
Section 34-1602. Meeting of presidential electors; duties.--The presidential electors chosen, as aforesaid, shall assemble at the seat of government of this State, at twelve o'clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Consti tution and laws of the United States.

Section 34-1603. Filling of vacancies existing in presidential elec tors.--If any such presidential elector shall die, or for any cause fail to attend at the seat of government at the time appointed by law, the presidential electors present shall proceed to choose viva voce a person of the same political party or body, if any, as such deceased or absent presidential elector, to fill the vacancy occasioned thereby, and im mediately after such choice the name of the person so chosen shall be transmitted by the presiding officer of the college to the Governor, who shall forthwith cause notice in writing to be given to such person of his election; and the person so elected (and not the person in whose place he shall have been chosen) shall be a presidential elector and shall, with the other presidential electors, perform the duties enjoined upon them.

Section 34-1604. Compensation of presidential electors; expenses of electoral college.--Each presidential elector aforesaid, shall receive from the State Treasury the sum of fifty dollars for every day spent in traveling to, remaining at, and returning from, the place of meeting aforesaid, and shall be entitled to mileage at the rate of ten cents per mile to and from his home. The reasonable expenses of the electoral

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college shall likewise be paid by the State Treasurer, in both cases upon warrants drawn by the presiding officer of the college.

Chapter 34-17. Recounts and Contests.

A. RECOUNTS.
Section 34-1701. Opening ballot boxes upon petition of candidate alleging error; deposit.--(a) The superior court of the county (presided over by the senior judge of the superior court in time of service within a judicial circuit or circuits adjoining the judicial circuit containing the county in which a recount of the votes is sought) in which any election district is located in which ballots or ballot cards were used, shall open the ballot box of such election district used at any primary or election held therein, and cause the entire vote thereof to be correctly counted by persons designated by such court, if a candidate, who received at least fifteen per cent of the total votes cast in the district for him and his opponent or opponents, shall file, as hereinafter provided, a petition duly verified by him, alleging that upon information which he considers reliable he believes that error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast for all offices or for any particular office or offices in such election district. It shall not be necessary for the petitioner to specify in his petition the particular error which he believes to have been committed, nor to offer evidence to substantiate the allega tions of his petition.
(b) Every petition for the opening of a ballot box under the provisions of this Section shall be filed in the office of the clerk of the superior court, accompanied by a deposit of cash in the amount of one hundred dollars, conditioned upon the payment to the county fiscal officer for the use of the county, in the event that, upon the examina tion of the contents of the ballot box, it shall not appear that sub stantial error was committed in the computation of the votes cast on the ballots or ballot cards contained therein, or otherwise in connection with such ballots or ballot cards.

(c) Upon the filing of such petition, accompanied by the appro priate deposit, the clerk of such superior court shall immediately notify by telegram or registered mail the senior judge described in Sub section (a) above of the institution of proceedings under this Section. Such judge shall promptly begin presiding over such proceedings in such court and shall decide same as soon as practicable. He shall receive as expenses the same remuneration that he would receive for serving as judge in a court other than the court of his residence, if presiding in his circuit.
(d) Before any ballot box is opened under the provisions of this Section, the court shall direct that notice of the time and place of the proposed recount be given, either personally or by registered mail, to each candidate for the office or offices which are to be recounted by the order of the court, and each such candidate may be present at such recount, either in person or by his representative, under such regulations as the court may prescribe.

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(e) If, upon the examination of the contents of any such ballot box, it shall appear that substantial error was committed in the com putation of the votes cast on the ballots or ballot cards contained therein, or otherwise in connection with such ballots or ballot cards, it shall be the duty of the court to certify such fact to the clerk and thereupon the clerk shall return to the petitioner the said sum of one hundred dollars.

(f) If, upon the examination of the contents of any ballot box under the provisions of this Section, it shall not appear that substantial error was committed in the computation of the votes cast on the ballots or ballot cards contained therein, or otherwise in connection with such ballots or ballot cards, the candidate upon whose petition such ballot box shall have been opened, shall forfeit to the county the sum of one hundred dollars. The clerk, upon certification of the court that fraud or substantial error was not discovered, shall pay said sum deposited with him to the county fiscal officer.

(g) Ballot boxes may be opened under the provisions of this Section at any time within seven days after the date of the primary or election at which the ballots or ballot cards therein shall have been cast.

Section 34-1702. Recanvassing voting machines upon petition of candidate alleging error.--(a) The superior court of the county in which any election district is located, shall make visible the registering counters of the voting machine or machines used in such election dis trict at any primary or election, and without unlocking the machine against voting, shall recanvass the vote cast therein, if a candidate, who received at least fifteen per cent of the total votes cast in the district for him and his opponent or opponents, shall file a petition, duly verified by him, alleging that, upon information which he con siders reliable, he believes that error, although not manifest on the general return of votes made therefrom, was committed in the can vassing of the votes cast on such machine or machines. It shall not be necessary for the petitioner to specify in his petition the particular error he believes to have been committed, nor to offer evidence to sub stantiate the allegations of his petition.
(b) Before the votes cast on any voting machine are recanvassed under the provisions of this Section, the court shall direct that notice of the time and place of the proposed recanvass be given, either per sonally or by registered mail, to each candidate whose name appears on the ballot labels, and each such candidate may be present at such recanvass, either in person or by his representative, under such regu lations as the court may prescribe.
(c) Voting machines may be recanvassed under the provisions of this Section at any time within seven days after the date of the primary or election at which they were used.

Section 34-1703. Correction of returns; scope of recount; decision not to be final; evidence for prosecution.--(a) If any petition to open a ballot box or to recanvass the votes on a voting machine shall have

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been presented, under the provisions of Sections 34-1701 and 34-1702 before the certification of all the returns of the county, and, in no event, later than five days after the completion of the computation and canvassing of all the returns of the county by the superintendent, and the court shall discover therein any error, the court shall correct, compute and certify to the superintendent the votes justly, regardless of any erroneous entries made by the poll officers thereof, and the superintendent shall correct accordingly any entries previously made in the returns of the county being prepared by him, or which have been prepared and not yet certified.

(b) The court in conducting a recount under the provisions of Section 34-1701 and 3'4-1702 shall only determine whether the votes recorded on the ballots, ballot cards or voting machines examined have been correctly interpreted by the officials conducting the primary or election, and whether such officials have correctly computed, canvassed and tabulated such votes; and the court shall not determine any issue of fraud or of the qualification of a voter.

(c) No order or decision of the court under the provisions of Sections 34-1701 and 34-1702, shall be deemed a final adjudication regarding the results of any primary or election, so as to preclude any contest thereof under the provisions of this Chapter, and no such order or decision shall affect the official returns of any election district, unless a petition to open the ballot boxes or to recanvass the votes on a voting machine shall have been presented before the certification of the returns of the county by the superintendent, or unless a contest shall have been instituted in the manner provided by this Chapter.

(d) If upon the examination of the contents of any ballot box or recanvass of any voting machine under the provisions of this Chapter, it shall appear that fraud was committed in the computation of the votes cast on the ballots, ballot cards or voting machine, or in the marking of the ballots or ballot cards contained therein or other wise in connection with such ballots or ballot cards, the superin tendent shall take such steps as shall be appropriate to enable the ballot box and contents thereof or voting machine to be available as evidence in any prosecution which may be begun against any person or persons alleged to be guilty of such fraud.

B. CONTESTED PRIMARIES AND ELECTIONS.

Section 34-1704. Superior court of county of residence of candi date returned as nominated or elected to have jurisdiction; presiding judge.--(a) Contested nominations and elections of Federal and State officers (except when otherwise required by the Federal or State Con stitution) and of county officers shall be tried and determined by the superior court of the county where the person returned as nominated or elected shall reside.
(b) The superior court having jurisdiction of a contested nomi nation or election of a Federal or State officer nominated or elected by the electors of the State-at-large, except a judge of superior court or solicitor general, shall be presided over by a judge of such court.

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(e) The superior court having jurisdiction of a contested nomi nation or election of a Federal or State officer, whose contested nomi nation or election is not provided for in Subsection (b) above, shall be presided over by the senior judge of superior court in time of service in the judicial circuit or circuits adjoining the judicial circuit containing the county in which the contest is filed; provided, however, that in the case of an officer nominated or elected by the electors of a district containing two or more or parts of two or more judicial circuits, the court trying the contest shall be presided over by the judge of superior court who resides nearest the courthouse in which the contest is filed but who resides in a judicial circuit wholly out side of such district. Upon the filing of a contest petition, the clerk of the court shall give notice thereof to the judge required to preside over such contest.

Section 34-1705. Petition; time of filing; amendment.--The com mencement of contest proceedings shall be by petition of at least five electors, which shall be made and filed within twenty days after the day of the primary or election. The petition shall concisely set forth the cause of complaint, showing wherein it is claimed that the primary or election is illegal, and after filing may be amended with leave of court, so as to include additional specifications of complaint. After any such amendment, a reasonable time to answer shall be given by the court to the other party.

Section 34-1706. Petitioners and affidavits; requirements.--The petitioners shall be electors who voted at the primary or election so contested and each petition shall be verified by the affidavits of at least five of the petitioners. Such affidavits shall be taken and subscribed before some person authorized by law to administer oaths, and shall set forth that they believe the facts stated therein are true, that ac cording to the best of their knowledge and belief, the primary or elec tion was illegal and the return thereof not correct, and that the peti tion to contest the same is made in good faith.

Section 34-1707. Time for answering and hearing.--A copy of the petition shall be served upon the person whose nomination or right of office shall be contested, together with a rule fixing the time for answering and the time for hearing, which copy and rule shall be served such length of time before the day fixed for hearing as the court shall require.

Section 34-1708. Powers of court.--(a) All of the court? hereby required to try any contested nomination or election case shall have plenary power to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, ac cording to the course of practice in similar cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Code.
(b) The court to which a petition shall be presented as afore said, contesting the right of a candidate to the nomination or office involved, shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any

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person capable of testifying concerning the same, and also to compel the production of evidence which may be required at such hearing, in like manner, and to the same extent as in other cases litigated before such court; to take testimony and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such contest.

Section 34-1709. Examiners to report, evidence.--Examiners to take and report evidence may be appointed, and reasonable notice of the time and place of taking the same shall be prescribed by the court and served upon the opposite party.

Section 34-1710. Costs of contest if without probable cause.--In contested nominations or elections, in which the court shall decide that the complaint is without probable cause, the petitioners shall be jointly and severally liable for all the costs, and the same may be collected as debts of like amount are by law collectible.

Section 34-1711. Costs of contest if for probable cause.--In con tested nominations or elections, in which the court shall decide that the complaint is not without probable cause, the State in the case of Federal and State (except militia district) offices, and the county in the case of county and militia district offices, shall be liable for all costs. Such court shall certify to the appropriate fiscal officer a bill of such costs, which shall be adjusted and settled in the usual manner, and paid out of moneys appropriated for that purpose.

Section 34-1712. Court may limit time for taking testimony.-- In contested nomination and election cases, the court may, in its discre tion, limit the time to be consumed in taking testimony, dividing such time equitably among all litigants concerned, with a view therein to the circumstances of the matter and the proximity of the next suc ceeding primary or election.
Section 34-1713. Nomination or election declared invalid; second primary or election.--Whenever in any contested nomination or elec tion, the court trying the case shall decide that the primary or election is so defective as to the nomination or office in contest as to place in doubt the result of the entire primary or election for such nomination or office, such court shall declare the primary or election to be invalid as regards such nomination or office, and shall thereupon call a second primary or election to fill such nomination or office which shall be held not less than thirty nor more than sixty days after the date of such declaration.
Section 34-1714. Decisions by trial court.--It is hereby made the duty of the judge in the superior court trying a nomination or election contest to render his decision containing findings of fact and con clusions of law.
Section 34-1715. Certified copy of order of court to be forwarded to Secretary of State.--Immediately upon the entry of any order or decree of court deciding any contested nomination or election, it shall be the duty of the clerk of such court to transmit immediately to the Secretary of State a certified copy of such order or decree.

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Section 34-1716. Judicial review by appellate court.--An appeal may be taken to the Supreme Court or Court of Appeals by any person whose right to the nomination or office was tried and determined and who is aggrieved by the decision, within ten days after the decision shall have been entered of record to the case in the superior court. The Supreme Court and the Court of Appeals shall consider applica tions for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Section 34-1717. Necessity of showing that result was affected. --No primary or election shall be defeated for noncompliance with the requirements of the law, if held at the proper time and place by per sons qualified to hold it, unless it is shown that, by such noncompliance, the result is different from what it would have been had there been proper compliance.
Chapter 34-19. Penalties.
Section 34-1901. False statements.--Any false statement made under oath or affirmation or in writing, by any person regarding any material matter or thing relating to any subject being investigated, heard, determined or acted upon by any public official, in accordance with the provisions of this Code, shall be guilty of a misdemeanor.
Section 34-1902. False registration.--Any person who:
(a) Registers as an elector knowing that he does not possess the qualifications required by law; or,
(b) Registers as an elector under any other name than his own; or,
(c) Knowingly gives a false residence when registering as an elector;
Shall be guilty of a misdemeanor.

Section 34-1903. Refusal to permit inspection of papers; destruc tion or removal; Secretary of State.--(a) Any Secretary of State, or employee of his office, who wilfully refuses to permit the public inspection or copying, in accordance with the provisions of this Code, except when in use, of any return, petition, certificate, paper, account, contract, report or any other document or record in his custody, or who wilfully removes any such document or record from his office during said period, or permits the same to be removed^ except pursuant to the direction of competent authority, shall be guilty of a misdemeanor.
(b) Any Secretary of State, or employee in his office, who wil fully destroys or alters, or permits to be destroyed or altered, any document described in Subsection (a) above during the period for which the same is required to be kept in his office, shall be guilty of a felony.

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Section 34-1904. Refusal to permit inspection of papers; destruc tion or removal; ordinaries.-- (a) Any ordinary, or employee of his office, who wilfully refuses to permit the public inspection or copying, in accordance with the provisions of this Code, of any general or duplicate return sheet, tally paper, affidavit, petition, certificate, paper, account, contract, report or any other document or record in his custody, or who wilfully removes any such document or record from his office during said period, or permits the same to be removed, except pursuant to the direction of any competent authority, shall be guilty of a mis demeanor.

(b) Any ordinary, or employee of his office, who wilfully de stroys or alters, or permits to be destroyed or altered, any document described in Subsection (a) above during the period for which the same is required to be kept, shall be guilty of a felony.

Section 34-1905. Insertion and alteration of entries in documents; removal; refusal to deliver.-- (a) Any person, who willfully:
(i) Inserts or permits to be inserted any fictitious name, false figure or other fraudulent entry on or in any registration card, electors' list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or other record or document authorized or required to be made, used, signed, returned or preserved for any public purpose in connec tion with any primary or election; or,
(ii) Alters materially or intentionally destroys any entry which has been lawfully made therein; or
(iii) Takes or removes any book, affidavit, return, account, ballot or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this Code;
Shall be guilty of a felony.
(b) Any person who wilfully neglects or refuses, within the time and in the manner required by this Code, to deliver any such document described in Subsection (a) above into the custody of the officers who are required by this Code to use or keep the same shall be guilty of a misdemeanor.

Section 34-1906. Interfering with poll officers.--Any person, in cluding any poll officer, who wilfully prevents any poll officer from performing the duties imposed on him by this Code shall be guilty of a felony.

Section 34-1907. Refusal to administer oath; acting without being sworn.--If any manager refuses, or wilfully fails to administer the oath to the poll officer in the manner required by this Code, or if any poll officer shall knowingly act without being first duly sworn, or if any such person shall sign the written form of oath without being

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duly sworn, or if any manager or any other person authorized to ad minister oaths shall certify that any such person was sworn when he was not, he shall be guilty of a misdemeanor.

Section 34-1908. Nomination petitions; offenses by signers.--Any person who knowingly and wilfully:

(a) Signs any nomination petition, without having the quali fications prescribed by this Code; or,

(b) Sets opposite the signature on a nomination petition any false statement; or,

(c) Signs more nomination petitions than permitted by the provisions of this Code;

Shall be guilty of a felony.

Section 34-1909. False signatures and statements in nomination petitions.--Any person who knowingly and wilfully:

(a) Makes a false statement in any affidavit required by this Code, to be appended to or to accompany a nomination petition; or

(b) Signs any name not his own to any nomination peti tion; or,

(c) Materially alters any nomination petition without the consent of the signers;

Shall be guilty of a felony.

Section 34-1910. Nomination petitions; certificates and papers; destruction; fraudulent filing; suppression.--Any person who wilfully makes any false nomination certificate or defaces or destroys any nomination petition, nomination certificate or nomination paper or letter of withdrawal knowing the same, or any part thereof, to be falsely made, or suppresses any nomination petition, nomination certificate or nomination paper, or any part thereof, which has been duly filed, shall be guilty of a felony.

Section 34-1911. Offenses by printers of ballots.--Any printer em ployed to print any official ballots for use in a primary or election, or any person engaged in printing the same, who:

(a) Appropriates to himself or gives or delivers or knowingly permits to be taken any of said ballots by any unauthorized per son; or,

(b) Wilfully and knowingly prints, or causes to be printed, any official ballot in any form other than that prescribed by the appropriate officials or with any other names or printing, or with

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the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this Code;

Shall be guilty of a felony.

Section 34-1912. Unlawful possession of ballots.--Any person, other than an officer charged by law with the care of ballots or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his possession outside the polling place any official ballot shall be guilty of a felony.

Section 34-1913. Counterfeit and facsimile ballots.--Any person who makes, constructs or has in his possession any counterfeit of an official ballot, shall be guilty of a felony. This Section shall not be ap plied to facsimile ballots printed and published as an aid to electors in any newspaper generally and regularly circulated within the State so long as such facsimile ballot is at least twenty five per cent larger or smaller than the official ballot of which it is a facsimile.

Section 34-1914. Destroying or delaying delivery of ballots.--Any person who wilfully destroys or defaces any ballot or wilfully delays the delivery of any ballots, shall be guilty of a misdemeanor.

Section 34-1915. Tampering with voting machines.--Any person who:
(a) Unlawfully opens, tampers with or damages any voting machine to be used or being used at any primary or election; or,
(b) Wilfully prepares a voting machine, for use in a primary or election, in improper order for voting; or,
(c) Prevents or attempts to prevent the correct operation of such macine;

Shall be guilty of a felony.

Section 34-1916. Unauthorized possession of voting machine key.-- Any unauthorized person who makes or knowingly has in his posses sion a key to a voting machine to be used or being used in any primary or election shall be guilty of a felony.

Section 34-1917. Tampering with vote recorders or tabulating machines.--Any person who tampers with or damages any vote re corder or tabulating machine to be used or being used at or in con nection with any primary or election, or prevents or attempts to prevent the correct operation of any vote recorder or tabulating machine, shall be guilty of a felony.

Section 34-1918. Destroying, defacing or removing notices, et cetera.--Any person who:

(a) Prior to any primary or election, wilfully defaces, re-

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moves or destroys any notice or list of candidates posted in ac cordance with the provisions of this Code; or,

(b) During any primary or election, wilfully defaces, tears down, removes or destroys any card of instructions, notice of penalties, or diagram printed or posted for the instruction of electors; or,

(c) During any primary or election, wilfully removes or destroys any of the supplies or conveniences furnished to any polling place in order to enable electors to vote or the poll officers to perform their duties; or,

(d) Wilfully hinders the voting of others;

Shall be guilty of a misdemeanor.

Section 34-1919. Law enforcement officer; failure to quell dis turbances at polls; hindering or delaying poll officers and others.--Any law enforcement officer who:

(a) Neglects or refuses to clear an avenue to the door of any polling place which is obstructed in such a way as to pre vent electors from entering, when called upon to do so by any poll officer or elector of the election district; or,

(b) Neglects or refuses to maintain order and quell any

r"

disturbance if such arises at any polling place upon the day of any

primary or election, when called upon to do so by the poll officer

or elector of the election district; or,

(c) Wilfully hinders or delays, or attempts to hinder or delay, any poll officer in the performance of any duty under this Code;
Shall be guilty of a misdemeanor.

Section 34-1920. Poll officers permitting unregistered persons to vote; challenges; refusing to permit qualified electors to vote; per mitting unauthorized assistance of elector.--Any poll officer who:

(a) Knowingly permits any unregistered person to vote at any primary or election; or,

(b) Permits any person, registered as an elector, to vote knowing that such person is not qualified to vote, whether or not such person has been challenged; or,

(c) Permits any person who has been lawfully challenged to vote at any primary or election without requiring such person to take the oath or affirmation required by law; or,

(d) Refuses to permit any duly registered and qualified person

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to vote at any primary or election, with the knowledge that such person is entitled to vote; or,

(e) Renders assistance to an elector in voting in violation of the provisions of Section 34-1317, or knowingly permits another person to render such assistance in violation of the provisions of Section 34-1317;
Shall be guilty of a misdemeanor.

Section 34-1921. Frauds by poll officers.--Any poll officer who wilfully:
(a) Makes a false return of the votes cast at any primary or election; or,
(b) Deposits fraudulent ballots in the ballot box or certifies as correct a false return of ballots; or,
(c) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; or,
(d) Makes any false entries in the electors list; or,
(e) Destroys or alters any ballot, ballot card, voter's cer tificate, or electors list; or,
(f) Tampers with any voting machine, vote recorder or tabu lating machine; or,

(g) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or,

(h) Fails to return to the officials prescribed by this Code following any primary or election any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificates, unused, spoiled and cancelled ballots or ballot cards, ballots de posited, written or affixed in or upon a voting machine, or any certificate, or any other paper or record required to be returned under the provisions of this Code;
Shall be guilty of a felony.

Section 34-1922. Omissions by poll officers.--Any poll officer who wilfully:
(a) Fails to file the voter's certificate of any elector actually voting at any primary or election; or,

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(b) Fails to record voting information as required herein; or,

(c) Fails to insert in the numbered list of voters the name of any person actually voting;

Shall be guilty of a misdemeanor.

Section 34-1923. Prying into ballots and ballot cards.--Any person who, before any ballot or ballot card is deposited in the ballot box as pro vided by this Code, wilfully unfolds, opens or pries into any such ballot or ballot card, with the intent to discover the manner in which the same has been marked, shall be guilty of a misdemeanor.

Section 34-1924. Interference with primaries and elections.--Any person who:
(a) Prevents or attempts to prevent any poll officer from holding any primary or election, under the provisions of this Code; or,
(b) Uses or threatens violence to any poll officer or inter rupts or improperly interferes with the execution of his duty; or,
(c) Blocks or attempts to block the avenue to the door of any polling place; or,
(d) Uses or threatens violence to any elector to prevent him from voting; or,
(e) Prepares or presents to any poll officer a fraudulent voter's certificate not signed by the elector whose certificate it purports to be; or,
(f) Knowingly deposits fraudulent ballots in the ballot box; or,
(g) Knowingly registers fraudulent votes upon any voting machines; or,
(h) Tampers with any electors' list, voter's certificates, num bered lists of voters, ballot box, voting machine, vote recorder or tabulating machine;
Shall be guilty of a felony.

Section 34-1925. Receiving unlawful assistance in voting.--Any voter at any primary or election who:
(a) Allows his ballot, ballot card or the face of the voting machine voted by him to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he is about to vote; or,

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167

(b) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him by the proper poll officer; or,

(c) Without having made the declaration under oath or af firmation required by Section 34-1317 of this Code, or when the disability which he declared at the time of registration no longer exists, permits another to accompany him into the voting com
partment or voting machine booth or to mark his ballot or ballot card or to register his vote on the voting machine or vote re corder; or,

(d) States falsely to any poll officer that because of his in ability to read the English language or because of blindness, nearblindness or other physical disability he cannot mark the ballot or ballot card or operate the voting machine without assistance:

Shall be guilty of a misdemeanor.

Section 34-1926. Giving unlawful assistance in voting.--Any per son who:
(a) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with the provisions of this Code; or,

(b) Interferes with any elector marking his ballot or ballot card or registering his vote; or,

(c) Attempts to induce any elector before depositing his ballot or ballot card to show how he marks or has marked his ballot or ballot card; or,

(d) Giving lawful assistance to another, attempts to in fluence the vote of the elector whom he is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter whom he is assisting; or,

(e) Discloses to anyone how such person voted, except when required to do so in any legal proceeding;

Shall be guilty of a misdemeanor.

Section 34-1927. Poll officers permitting unlawful assistance.-- Any poll officer who permits a voter to be accompanied by another into the voting compartment or voting machine booth when such poll of ficer knows that the disability which the voter declared at the time of registration no longer exists, or that the disability which the voter declared at the time of voting did not exist, shall be guilty of a misdemeanor.

Section 34-1928. Failure to keep and return record of assisted

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voters.--Any poll officer who fails to keep a record, as required by the provisions of Section 34-1317, of the name of each voter who re ceived assistance, the exact disability of any assisted voter which makes the assistance necessary, the name of each person rendering assistance to a voter, shall be guilty of a misdemeanor.

Section 34-1929. Unlawful voting.--Any person who votes or at tempts to vote at any primary or election, knowing that he does not possess all the qualification sof an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of the provisions of Section 34-624, shall be guilty of a misdemeanor.

Section 34-1930. Repeat voting at primaries and elections.--Any person who votes in more than one election district in the same primary or election, or otherwise fraudulently votes more than once at the same primary or election, or votes a ballot or ballot card other than the ballot or ballot card issued to him by the poll officers, or advises or procures another to do so, shall be guilty of a felony.

Section 34-1931. Removing ballots.--Any person removing any ballot from any book of official ballots, except in the manner provided by this Code, shall be guilty of a misdemeanor.

Section 34-1932. Unlawful absentee voting.--Any person who votes or attempts to vote by absentee ballot at any primary or election under the provisions of Chapter 34-14, not being qualified to so vote, shall be guilty of a misdemeanor.

Section 34-1933. Buying or selling votes.--Any person who buys or sells or offers to buy or sell, or knowingly participates in the buying or selling of votes, at any primary or election, shall be guilty of a felony.

Section 34-1934. Intimidation of electors.--Any person who us;>s or threatens to use force and violence, or in any other manner intimidates any other person, to:

(a) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitted to electors at such primary or election; or,

(b) Place or refrain from placing his name upon a register of electors;

Shall be guilty of a misdemeanor.

Section 34-1935. Failure to perform duty.--Any public officer, or officer of a political party or body on whom a duty is laid by this Code, who wilfully neglects or refuses to perform his duty, shall be guilty of a misdemeanor.

Section 3'4-1936. Hindering or delaying performance of duty.--

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169

Any person who intentionally interferes with, hinders or delays or attempts to interfere with, hinder or delay any other person in the performance of any act or duty authorized or imposed by this Code. shall be guilty of a misdemeanor.

Section 34-1937. Possessing memorandum in polling place.--Any person possessing within a polling place a memorandum containing a reference to any candidate or question to be voted on in a primary or election, which memorandum is used for the purpose of assisting him in voting, shall be guilty of a misdemeanor; provided, however, that this Section shall not forbid the possession of a memorandum in the hand writing of the elector using it for the purpose of assisting him in voting.

Section 34-1938. Violation of any provision of Code.--Any person who shall knowingly violate or fail to comply with any provision of this Code, for which a penalty is not herein specifically provided, shall be guilty of a misdemeanor.

Section 34-1939. Punishment for felonies.--Each person convicted of a crime declared to be a felony under the provisions of this Code shall be punished by a fine not less than five hundred dollars nor more than ten thousand dollars, or imprisonment of not less than one year nor more than three years, or both, in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court.

Section 34-1940. Punishment for misdemeanors.--Each person con victed of a crime declared to be a misdemeanor under the provisions of this Code shall be punished by a fine not less than five hundred dollars nor more than one thousand dollars, confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institu tion under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge.

Chapter 34-20. Repeals.

Section 34-2001. Specific repealer.--The following laws are hereby repealed in their entirety unless otherwise indicated:
(a) Title 34 of the Code of Georgia of 1933, entitled "Elec tions", as amended, and more specifically the following Chapters of said Title: Chapters 34-1 through 34-11 relating to registration of voters; Chapter 34-12 through 34-18 relating to elections for members of the General Assembly; Chapters 34-19 and 34-20 re lating to rules and regulations governing all elections; Chapters 34-21 through 34-27 relating to the Governor, Congressmen, presi dential electors, State House officers, county officers, justices of the peace and constables; Chapters 34-28 through 34-31 relating to contested elections; Chapter 34-32 relating1 to primary elections; Chapter 34-33 relating to voting by mail; Chapter 34-34 relating to political mass meetings and conventions; and Chapter 34-99 relating to crimes. Provided, however, nothing contained herein

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shall be construed to repeal Code Section 34-2301 relating to Con gressional Districts and said Code Section shall remain of full force and effect.
(b) Subsection 7 of Code Section 40-601, as amended, relating to the duty of the Secretary of State to supply and furnish each ordinary with certain enumerated election supplies;
(c) Subsection 7A of Code Section 40-601 of the Code of Georgia of 1933 relating to the method of determining contests as to the legal delegates to a national convention of any party polling less than 150,000 votes in Georgia in the general election of 1944;
(d) Subsection 7B of Code Section 40-601 of the Code of Georgia of 1933 relating to the duty of ordinaries to furnish certain enumerated election supplies to justices of the peace and pre scribing the penalty for failing to furnish such supplies;

(e) An Act to repeal Code Chapter 34-14 and to repeal para graph 7 of Section 40-601 of the Code of Georgia of 1933 and to substitute in lieu thereof a new paragraph 7 prescribing the duties of the Secretary of State with reference to furnishing all neces sary forms for holding election and for other purposes, approved February 1, 1946 (Ga. Laws 1946, p. 75);

(f) So much of Section 59-601 of the Code of Georgia of 1933, as amended, as requires the judge of the superior court to charge the grand jury the law as to publication of campaign expenses;

(g) So much of paragraph 4 of Section 23-701 of the Code of Georgia of 1933 as relates to the power of the ordinary to establish and to change election precincts;

(h) Section 26-2617 of the Code of Georgia of 1933 making it a misdemeanor to destroy, take or carry away any election re turns or papers connected with the holding of elections;

(i) An Act to prohibit persons convicted of criminal viola tions of United States laws from serving as election officials or clerks under certain conditions, approved April 17, 1963 (Ga. Laws 1963, p. 649);
(j) An Act to provide for the wearing of badges by poll workers, approved April 12, 1963 (Ga. Laws 1963, p. 506);

(k) An Act to amend an Act, relating to qualifying fees in general elections, so as to apply the provisions of said Act to special elections, approved March 20, 1963 (Ga. Laws 1963, p. 172);

(1) An Act to amend an Act, relating to the qualification and registration of voters, so as to provide for additional places for registration of voters and to authorize registration by deputies, approved March 11, 1963 (Ga. Laws 1963, p. 73);

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171

(m) An Act to amend an Act, relating to absentee voting of members of the military, primary dates for nomination to na tional and State offices and certain local offices, so as to require primaries for said offices to be held on the same date throughout the State, approved February 9, 1962 (Ga. Laws 1962, p. 15);

(n) An Act to provide the method of making a write-in vote, approved February 26, 1962 (Ga. Laws 1962, p. 98);

(o) An Act to amend Georgia Code, Section 34-1904, relating to ballots in all elections other than primaries and notice of candi dacy for such elections, so as to provide the procedure for placing names on such election ballots, approved March 6, 1962 (Ga. Laws 1962, p. 618);

(p) An Act to amend Georgia Code, Section 34-3212, relating to the holding of primary elections, and Georgia Code, Section 343213, relating to run-off primary elections, so as to allocate county votes on the basis of population and to redefine in what instances run-off primary elections must be held, approved April 27, 1962 (Ga. Laws 1962, p. 1217);

(q) An Act to amend an Act, relating to recount of ballots cast in a primary, so as to provide for an appeal from the recount committee to the political authority holding the primary, approved March 6, 1962 (Ga. Laws 1962, p. 678);

(r) An Act relating to the fixing of reasonable qualification fees for candidates in the general election for certain county officers and members of the General Assembly, approved March 3, 1962 (Ga. Laws 1962, p. 504);

(s) An Act to amend Georgia Code, Section 34-9907, relating to the punishment for certain election offenses, so as to provide that the hiring of qualified workers to perform services for any candidate shall not be any offense within the meaning of such section, approved March 3, 1962 (Ga. Laws 1962, p. 457);

(t) An Act to amend an Act, relating to the dates of holding primaries, so as to provide that the date of holding primaries for the nomination of certain officers shall be the same throughout the State, approved April 5, 1961 (Ga. Laws 1961, p. 432);

(u) An Act to amend Georgia Code, Chapter 34-9936, relating to punishment for violation of election laws, so as to prohibit the solicitation of votes within two hundred feet of voting places, approved April 5, 1961 (Ga. Laws 1961, p. 557);

(v) An Act to amend the Voter's Registration Act of 1958, so as to provide for cancellation of registration of persons who fail to vote during a period of three years, approved February 27. 1961 (Ga. Laws 1961, p. 56);

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(w) An Act to amend the Voter's Registration Act of 1958, so as to provide a method for the determination of residence of quali fied voters, approved March 7, 1960 (Ga. Laws 1960, p. 257);

(x) An Act to amend an Act, relating to primaries in which candidates for membership in the General Assembly may run, so as to provide such candidates may run either in a county or State primary, approved February 15, 1960 (Ga. Laws 1960, p. 115);

(y) An Act to amend Georgia Code, Chapter 34-33, relating to voting by mail, so as to provide a procedure for tabulating ab sentee ballots, approved March 7, 1960 (Ga. Laws 1960, p. 203);

(z) An Act to amend the Voter's Registration Act of 1958, so as to prohibit for a period of thirty days the destruction of records of rejected applicants, approved March 17, 1960 (Ga. Laws 1960, p. 955);

(aa) An Act to amend the Presidential Electors' Act of 1958, so as to transfer the administrative supervision of such act to the Elections Commission, approved February 17, 1959 (Ga. Laws 1959, p. 56);

(ab) An Act to amend the Voter's Registration Act of 1958, so as to transfer the administrative supervision of such Act to the Elections Commission, approved February 17, 1959 (Ga. Laws 1959, p. 57);

(ac) An Act to amend an Act, relating to absentee voting by members of the military, so as to transfer the administrative supervision of such Act to the Elections Commission, approved February 17, 1959 (Ga. Laws 1959, p. 58);

(ad) An Act creating the Elections Commission, approved February 17, 1959 (Ga. Laws 1959, p. 59);

(ae) An Act to amend Georgia Code, Section 34-2402, relating to the election and canvassing of votes for United States Senators, so as to provide for the canvass of such votes shall be con ducted by the Elections Commission, approved February 17, 1959 (Ga. Laws 1959, p. 60);

(af) An Act to amend Georgia Code, Sections 34-3301 and 34-3303, relating to absentee ballots, so as to change the number of days' notice which must be given in order to vote by mail and to change the number of days by which the ballot must be mailed to applicant, approved February 18, 1959 (Ga. Laws 1959, p. 63);

(ag) An Act to amend the Voter's Registration Act of 1958, as amended, so as to clarify the cancellation of registration of electors who failed to vote within a certain period of time, ap proved March 10, 1959 (Ga. Laws 1959, p. 182);

MONDAY, MAY 18, 1964

173

(ah) An Act relating to the nomination and certification of presidential electors, approved March 21, 1958 (Ga. Laws 1958, pp. 208-213);

(ai) An Act relating to the qualification and registration of voters, known as the Voter's Registration Act of 1958, approved March 25, 1958 (Ga. Laws 1958, p. 269);

(aj) An Act to amend Georgia Code, Section 34-3301, re lating to absentee voting, so as to require an elector to give a notice of at least ten days of his intention to vote by absentee ballot, approved February 15, 1957 (Ga. Laws 1957, p. 39);

(ak) An Act to amend an Act, relating to the hours of holding all general, special and primary elections, so as to require all poll ing places to be open between the hours of 7:00 a.m. and 7:00 p.m., approved February 20, 1957 (Ga. Laws 1957, p. 71);

(al) An Act to amend Georgia Code, Section 34-2701, relating to the time and place of election of justices of peace, so as to provide for a change in the date of such election, approved February 26, 1957 (Ga. Laws 1957, p. 117);

(am) An Act to amend Georgia Code, Section 34-2705, relating to the time and place of election of constables, so as to provide for a new date of such election, approved February 26, 1957 (Ga. Laws 1957, p. 102);

(an) An Act to amend Georgia Code, Section 34-13031, relating to the compensation received by managers and clerks of elections, so as to provide for a change in such compensation, approved March 7, 1957 (Ga. Laws 1957, pp. 218-219);

(ao) An Act to provide that candidates for membership in the General Assembly may run either in a county primary or State primary, approved February 20, 1956 (Ga. Laws 1956, p. 159);

(ap) An Act to amend Georgia Code, Chapter 34-33, relating to voting by mail by non-military electors, so as to provide for the mailing of such ballots by ordinary mail and the use of such pro cedures by persons with physical disabilities, approved March 9, 1956 (Ga. Laws 1956, p. 682);

(aq) An Act to amend an Act, relating to absentee voting by members of the military, so as to make the provisions of such Act apply to dependents and spouses, approved March 9, 1956 (Ga. Laws 1956, p. 697);

(ar) An Act to amend Georgia Code, Chapter 34-33, relating to voting by mail by non-military electors, so as to provide for the return of absentee ballots by ordinary mail, approved February 21, 1955 (Ga. Laws 1955, p. 204);

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(as) An Act to amend Georgia Code, Chapter 34-33, relating to absentee voting, so as to provide for such voting by electors having a physical disability, approved March 16, 1955 (Ga. Laws 1955, p. 732);

(at) An Act providing for absentee voting by servicemen, approved February 26, 1953 (Ga. Laws 1953, p. 244);

(au) An Act providing for the certification of referendum elections to the Secretary of State, approved March 4, 1953 (Ga. Laws 1953, p. 523);

(av) An Act to amend Georgia Code, Sections 34-3303 and 34-3307, relating to attestation of absentee ballots, so as to pro vide the qualifications of persons who act as witnesses for such' ballots, approved March 12, 1953 (Ga. Laws 1953, p. 579);

(aw) An Act to amend Georgia Code, Section 34-1303, relating to the counting of votes, so as to provide for such counting only after the polls close, approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 274);

(ax) An Act to amend an Act, relating to absentee voting by members of the military, so as to provide for qualification dates and the time of holding primary elections, approved De cember 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 335);

(ay) An Act providing for the certification and nomination of presidential and vice-presidential electors, approved February 4, 1952 (Ga. Laws 1952, p. 7);
(az) An Act to amend Georgia Code, Section 34-1303, re lating to the pay of managers and clerks of elections, so as to provide for minimum compensation, approved February 15, 1952 (Ga. Laws 1952, p. 197);
(ba) An Act to amend the Primary Recount Law of 1941 so as to extend the provisions of such Act to all municipal elections, approved February 15, 1952 (Ga. Laws 1952, p. 270);
(bb) An Act to amend Georgia Code, Section 34-1303, re lating to the disposition of ballots erroneously marked, so as to provide for validation of portions of ballots not erroneously marked, approved February 15, 1952 (Ga. Laws 1952, p. 304);
(be) An Act providing for compensation of judges serving on recount committees, approved February 25, 1949 (Ga. Laws 1949, p. 1227);
(bd) An Act to amend Georgia Code, Section 34-1917, re lating to the operative scope of Chapter 34-19, so as to provide that such Chapter would be operative in every county upon the recommendation of the grand jury, approved February 25, 1949 (Ga. Laws 1949, p. 1291);

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(be) An Act providing for absentee voting by members of the military, approved February 21,1951 (Ga. Laws 1951, p. 655);

(bf) An Act to amend an Act, relating to nominations to certain offices by political parties, so as to provide that primaries for such nominations shall be held on a day fixed by the State executive committee of each political party, approved February 7, 1950 (Ga. Laws 1950, p. 79);

(bg) An Act known as the Voter's Registration Act of 1949, providing for the qualification and registration of voters, approved February 25, 1949 (Ga. Laws 1949, p. 1204), as amended;

(bh) An Act to amend Georgia Code, Section 34-1904, re lating to ballots in elections other than primary elections, so as to provide for qualification and certification of presidential elec tors, approved October 2, 1948 (Ga. Laws 1948, Ex. Sess., p. 3);

(bi) An Act to revise the election laws and to repeal all laws providing the method and manner of holding primary elections by any political party or organization, so as to divorce the State of Georgia from having anything to do in any manner, shape or form with the holding of primary elections of any political party or organization, approved February 20, 1947 (Ga. Laws 1947, p. 23);

(bj) An Act to amend Georgia Code, Section 34-1301, re lating to election precincts in general elections, so as to provide for voting by persons residing within municipalities divided by militia district lines, approved March 9, 1945 (Ga. Laws 1945, p. 387);
(bk) An Act to amend an Act, relating to campaign expenses, so as to provide for the filing of reports of campaign expenses with designated officers, approved March 6, 1945 (Ga. Laws 1945, p. 187);

(bl) An Act to repeal Georgia Code, Sections 34-3301 and 34-3308, relating to absentee voters, so as to provide for the time and manner of giving notice of intention to vote by absentee ballot and the form of voucher to be signed by persons giving such notice, approved March 20, 1943 (Ga. Laws 1943, p. 228);

(bm) An Act to amend Georgia Code, Section 34-1905, relating to assistance in voting, so as to provide that voters in need of as sistance may select for that purpose any freeholder of his choice, approved March 20, 1943 (Ga. Laws 1943, p. 290);

(bn) An Act to amend Georgia Code, Section 34-1904, relating to ballots in elections other than primaries, so as to provide that candidates for such elections must file a petition signed by five per cent of registered voters unless their political party cast five per cent of the votes in the last general election, approved March 20, 1943 (Ga. Laws 1943, p. 292);

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(bo) An Act to limit the amount of money that may be ex pended on behalf of any candidate for any public office, approved March 17, 1943 (Ga. Laws 1943, p. 441);

(bp) An Act to amend Georgia Code, Section 34-406, relating to registered voters' lists, so as to provide that a person whose name does not appear upon such list may vote only if he presents a certificate stating his name was omitted through inadvertence or mistake, approved March 18, 1943 (Ga. Laws 1943, p. 353);

(bq) An Act to provide for the hours of holding all general, special and primary elections, approved March 19, 1943 (Ga. Laws 1943, p. 480), as amended;

(br) An Act to create and establish a State-wide general election held biennially in August, approved March 18, 1943 (Ga. Laws 1943, p. 535);

(bs) An Act to provide for Georgia men and women in mili tary service to participate in primaries and elections, approved January 7, 1943 (Ga. Laws 1943, Ex. Sess., p. 2);

(bt) An Act to amend Georgia Code, Section 34-1302, relating to election hours, by providing for a method to affect a change of the hours for opening and closing the polls, approved March 24, 1941 (Ga. Laws 1941, p. 321);

(bu) An Act to provide for the identification of voters by requiring each voter to sign his name in the Voters' Identification Book, approved March 27, 1941 (Ga. Laws 1941, p. 429);

(bv) An Act to amend Georgia Code, Chapter 34-19, relating to elections, by providing for a secret ballot in all primary and general elections, the qualification of candidates and the duties of election managers when a ballot has been challenged, approved March 12, 1941 (Ga. Laws 1941, p. 324);

(bw) An Act to provide for a recount of the ballots in all primary elections held for the nomination of candidates for certain offices, approved March 27, 1941 (Ga. Laws 1941, p. 432);

(bx) An Act to amend Georgia Code, Section 34-1302, relating to the time of holding elections, so as to provide the hours certain election precincts shall remain open and that no votes shall be counted until after the polls are closed, approved February 21, 1939 (Ga. Laws 1939, p. 307);

(by) An Act to extend the penal laws applying to general elections to all primary elections, approved March 14, 1939 (Ga. Laws 1939, p. 309);

(bz) An Act to provide that primary elections shall be held in various senatorial districts only in the county entitled to furnish

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the nominees under the rotation system, approved March 23, 1939 (Ga. Laws 1939, p. 311);

(ca) An Act to create and establish a State-wide general election to be held biennially in June, approved February 24, 1937 (Ga. Laws 1937, p. 712);

(cb) An Act providing that in counties having a population between 7,367 and 7,377 persons, inclusive, according to the United States census of 1960 or any future such census, nominations and elections of county officials and members of the House of Repre sentatives shall be held at the same time and shall be by a majority of the popular votes cast, approved April 9, 1963 (Ga. Laws 1963 p. 3308);

(cc) An Act providing that in counties having a population of between 49,200 and 49,300 persons, inclusive, according to the United States census of 1960 or any future such census, the Board of Registrars may authorize one or more deputies to notify ap plicants when and where to appear for an examination and authorize such deputies to subject applicants to either of the examinations provided for by law, approved April 2, 1963 (Ga. Laws 1963, p. 2720);

(cd) An Act amending an Act providing for the use of voting machines in certain counties, said Act providing that in counties having a population of 100,000 to 300,000 persons, inclusive, ac cording to the United States census of 1960 or any future such census, the name of any unopposed candidates in a political party primary may be omitted from the ballot used in such voting machine, and any such candidate shall be declared to have received the total number of votes cast in such voting machine, approved April 5, 1961 (Ga. Laws 1961, p. 3153);

(ce) A population Act providing for the places of registra tion in counties having a population of 500,000 persons or more, according to the United States census of 1960 or any future such census, approved March 17, 1961 (Ga. Laws 1961, p. 162);

(ef) A population Act providing that in counties having a population of 500,000 or more the registrars shall be appointed by the governing authority of any such county, approved March 17, 1961 (Ga. Laws 1961, p. 164);

(eg) A population Act providing that a person receiving a plurality of the votes cast at a party primary shall be the nominee of such party in counties having a population of 29,050 to 30,250 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 15, 1960 (Ga. Laws 1960, p. 2104);

(ch) A population Act prohibiting the solicitation of votes by any means or methods within one hundred fifty feet of any polling place in counties having a population of 27,200 to 27,500 persons, inclusive, according to the United States census of 1950 or any

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future such census, approved March 17, 1960 (Ga. Laws 1960, p. 2684);

(ci) A population Act providing for duties and authority of deputies to the Board of Registrars in certain counties in addition to their other duties and authority in counties having a population of 114,000 to 400,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 17, 1960 (Ga. Laws 1960, p. 947);

(cj) A population Act providing that voting machines in counties having a population of 300,000 or more persons, according to the United States census of 1940 or any future such census, shall remain locked and sealed for a period of fifteen days under certain conditions, approved March 18, 1959 (Ga. Laws 1959, p. 413); .

(ck) A population Act prohibiting the solicitation of votes within one hundred fifty feet of any polling place within a county having a population of 150,000 to 300,000 persons, inclusive, ac cording to the United States census of 1950 or any future such census, approved February 18, 1959 (Ga. Laws 1959, p. 2045);

(cl) A population Act providing that the nominee of any political party holding a primary for county office must receive a majority vote of those persons voting in such primary in those counties having a population of 29,050 to 30,250 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 14, 1958 (Ga. Laws 1958, p. 2043);

(cm) A population Act providing additional voter registra tion sites within counties having a population of 300,000 or more according to the United States census of 1950 or any future such census, approved March 25, 1958 (Ga. Laws 1958, p. 3231);

(en) A population Act providing that the hours for holding elections shall be from 7:00 a.m. to 7:00 p.m. in all counties having a population of 11,725 to 11,875 persons, inclusive, according to the United States census of 1950 or any future such census, ap proved February 15, 1957 (Ga. Laws 1957, p. 2160);
(co) A population Act providing that the hours of holding elections shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 31,050 to 33,050 persons, inclusive, accord ing to the United States census of 1950 or any future such census, approved March 13, 1957 (Ga. Laws 1957, p. 3174);
(cp) A population Act providing that the hours of holding elections shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 118,026 to 118,100 persons, inclusive, ac cording to the United States census of 1950 or any future such census, approved February 13, 1956 (Ga. Laws 1956, p. 2081);
(cq) A population Act prohibiting the solicitation of votes

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within one hundred fifty feet of any voting place in those counties having a population of 27,500 to 29,000 persons, inclusive, according to the United States census of 1950 or any future such census, ap proved February 27, 1956 (Ga. Laws 1956, p. 333);

(cr) A population Act providing that in those counties having a population of 300,000 persons or more according to the United States census of 1940 or any future such census, the governing authority shall have the right to rent voting machines under certain conditions, approved March 9, 1955 (Ga. Laws 1955, p. 629);

(cs) A population Act providing that in counties having a population of 300,000 or more, according to the United States census of 1950 or any future such census, that no persons shall be elected or nominated as sheriff unless he shall receive a majority of all votes cast for the office of sheriff, and providing for a run-over in the event no person receives such majority vote, approved February 12, 1955 (Ga. Laws 1955, p. 196);

(ct) A population Act providing that the hours of election shall be from 6:00 a.m. to 7:00 p.m. in those counties having a population of 22,600 to 23,300 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 8, 1955 (Ga. Laws 1955, p. 2255);

(cu) A population Act providing that an unopposed candidate for nomination to any office may be omitted from the ballot of a voting machine in those counties having a population of 100,000 to 150,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 3, 1955 (Ga. Laws 1955, p. 2592);

(cv) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 12,160 to 12,190 persons, inclusive, according to the United States census of 1950 or any future such census, approved March 9, 1955 (Ga. Laws 1955, p. 3379);

(cw) A population Act authorizing the use of voting machines in any county having a population of 300,000 persons or more according to the United States census of 1950 or any future such census, and in all municipalities located wholly or partially therein, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 624);

(ex) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 34,000 to 34,200 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 15, 1952 (Ga. Laws 1952, p. 2634);

(cy) A population Act providing that separate registered voters' list for each voting precinct in militia districts containing more than one precinct shall be prepared by county registrars in those counties having a population of 120,000 to 145,000 persons,

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inclusive, according to the United States census of 1950 or any future census, approved February 8, 1951 (Ga. Laws 1951, p. 66);

(cz) A population Act providing that all candidates for the General Assembly must designate and qualify for a specific seat in the General Assembly by naming the incumbent candidate he desires to oppose in those counties having a population of 22,500 to 23,300 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 8, 1951 (Ga. Laws 1951, p. 73);

(da) A population Act to provide that all candidates for the General Assembly must designate and qualify for a specific seat in the Assembly by naming the incumbent candidate he desires to oppose in those counties having a population of 36,000 to 37,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 12, 1951 (Ga. Laws 1951, p. 98);

(db) A population Act to provide that all candidates for the General Assembly must designate and qualify for a specific seat in the Assembly by naming the incumbent candidate he desires to oppose in those counties having a population of 22,000 to 22,300 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 19, 1951 (Ga. Laws 1951, p. 156);

(dc) A population Act requiring that all primaries and elec tions must be held in public buildings in those counties having a population of 300,000 persons or more, according to the United States census of 1950 or any future such census, approved February 21, 1951 (Ga. Laws 1951, p. 542);

(dd) A population Act providing for the use of voting ma chines in those counties having within their boundaries, either wholly or partially, a city having a population of 200,000 persons or more according to the United States census of 1950 or any future such census, approved February 21, 1951 (Ga. Laws 1951, p. 545);
(de) A population Act regulating voting by mail in all elec tions in those counties having a population of 300,000 persons or more according to the United States census of 1950 or any future census, approved February 21, 1951 (Ga. Laws 1951, p. 553);

(df) A population Act prohibiting solicitation of votes on election day within two hundred yards from any buildings or places used as voting places in those counties having a population of 36,000 to 37,000 persons, inclusive, according to the United States census of 1950 or any future such census, approved February 21, 1951 (Ga. Laws 1951, p. 758);

(dg) A population Act providing that all candidates for Repre sentative in the General Assembly shall specify the particular in-

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181

cumbent whom he desires to oppose in those counties having a population of 31,020 to 31,030 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 17, 1950 (Ga. Laws 1950, p. 2693);

(dh) A population Act providing the date on which all pri mary elections for nominating candidates for county offices shall be held in counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved February 17, 1950 (Ga. Laws 1950, p. 2894);

(di) A population Act relating to the method of registering voters in those counties having a population of 81,000 to 82,000 persons inclusive, according to the United States census of 1940 or any future such census, approved February 17, 1950 (Ga. Laws 1950, p. 2677);

(dj) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 7,681 to 7,820 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 25, 1949 (Ga. Laws 1949, p. 1165);

(dk) A population Act providing for the use of voting machines in all elections and primaries in those counties having a population of 60,000 to 80,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved February 25, 1949 (Ga. Laws 1949, p. 981);

(dl) A population Act providing for the use of voting ma chines in all elections and primaries in those counties having a population of 85,000 to 100,000 persons, inclusive, according to the United States census of 1930 or any future such census, ap proved February 25, 1949 (Ga. Laws 1949, p. 1343);

(dm) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having either wholly or partially within their boundaries a city having a popula tion of more than 200,000 persons according to the United States census of 1940 or any future such census, approved February 25, 1949 (Ga. Laws 1949, p. 1972);

(dn) A population Act abolishing the Board of County Reg istrars and declaring that the Tax Collector or Tax Commissioner shall be the County Registrar, and further providing the means of registration of voters in those counties having a population of 81,000 to 82,000 persons, inclusive, according to the United States census of 1940 or any future census, approved February 17, 1947 (Ga. Laws 1947, p. 70);

(do) A population Act prohibiting the solicitation of votes within two hundred feet of a polling place on days of election in those counties having a population of 81,000 to 82,000 persons, inclusive, according to the United States census of 1940 or any

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future such census, approved March 27,1947 (Ga. Laws 1947, p. 860);

(dp) A population Act prohibiting and regulating the solici tation of votes on election days in those counties having a popula tion of 28,390 to 29,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 27, 1947 (Ga. Laws 1947, p. 1008);

(dq) A population Act providing for the use of voting ma chines in those counties having a population of 100,000 to 300,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 28, 1947 (Ga. Laws 1947, p. 1203);

(dr) A population Act providing for the furnishing of identi fication certificates to persons who register to vote, and providing that said persons must display said certificates before voting in those counties having a population of 115,000 to 170,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 28, 1947 (Ga. Laws 1947,
p. 1236);

(ds) A population Act providing for the use of voting ma chines in all counties having a population of 300,000 persons or more according to the United States census of 1940 or any future such census, approved January 31, 1946 (Ga. Laws 1946, p. 174);

(dt) A population Act providing that all candidates in a primary must receive a majority of the votes cast in that primary in those counties having a population of 18,525 to 18,540 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 9, 1945 (Ga. Laws 1945,
p. 1087);

(du) A population Act providing for the preparation of separate registered voters lists for each voting precinct in militia districts containing more than one precinct in those counties having a population of 86,000 to 88,000 persons, inclusive, according to the United States census of 1940 or any future such census, ap proved February 16, 1943 (Ga. Laws 1943, p. 293);

(dv) A population Act authorizing additional election precincts within a single militia district in unincorporated areas in counties having a population of 200,000 persons or more according to the United States census of 1940 or any future such census, approved
March 20, 1943 (Ga. Laws 1943, p. 407);

(dw) A population Act to provide that all candidates for the General Assembly shall designate his opposition by naming the incumbent candidate he desires to oppose in those counties having a population of 28,500 to 28,600 persons, inclusive, according to the United States census of 1940 or any future such census, ap proved February 11, 1943 (Ga. Laws 1943, p. 486);

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183

(dx) A population Act requiring that the registrars preserve and dispose of applications for ballots in a certain manner in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 19, 1943 (Ga. Laws 1943, p. 476);

(dy) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 11,600 to 11,700 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 15, 1943 (Ga. Laws 1943, p. 477);

(dz) A population Act prohibiting the solicitation of votes on election day under certain conditions and within a given distance of polling places in those counties having a population of 7,020 to 7,030 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 11, 1943 (Ga. Laws 1943, p. 478);

(ea) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 19, 1943 (Ga. Laws 1943, p. 480);

(eb) A population Act providing that a candidate must name the incumbent candidate he desires to oppose in all primary elec tions in those counties having a population of 28,398 to 28,420 per sons, inclusive, according to the United States census of 1940 or any future such census, approved February 16, 1943 (Ga. Laws 1943, p. 565);

(ec) A population Act relating to additional information fo be contained on voter registration cards in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 20, 1943 (Ga. Laws 1943, p. 578);

(ed) A population Act providing additional regulations for the registration of voters in all counties having a population of 12,800 to 12,900 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 20, 1943 (Ga. Laws 1943, p. 581);

(ee) A population Act prescribing the place of voting in any election in counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, approved March 20, 1943 (Ga. Laws 1943, p. 620);

(ef) A population Act providing that the hours of election shall be from 6:00 a.m. to 6:00 p.m. in certain precincts in those counties having a population of 37,000 to 41,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 24, 1941 (Ga. Laws 1941, p. 320);

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(eg) A population Act providing the means of establishing a primary date for county officers in those counties having a popu lation of 200,000 to 500,000 persons, inclusive, according to the United States census of 1940 or any future such census, approved March 27, 1941 (Ga. Laws 1941, p. 431);

(eh) A population Act prohibiting the solicitation of votes on election days within two hundred feet of any polling place in those counties having a population of 200,000 persons or more, according to the United States census of 1940 or any future such census, ap proved February 18, 1941 (Ga. Laws 1941, p. 439);

(ei) A population Act providing for the repeal of a certain Act requiring counties having a population of 29,990 to 29,998 per sons, inclusive, to designate and qualify for particular seats in the General Assembly from such counties, approved February 15, 1939 (Ga. Laws 1939, p. 303);

(ej) A population Act providing that candidates for the General Assembly must designate and qualify for a specific seat in the General Assembly in those counties having a population of 22,878 to 22,882 persons, inclusive, according to the United States census of 1930 or any future such census, approved March 4, 1939 (Ga. Laws 1939, p. 304);

(ek) A population Act providing that the hours of election shall be from 7:00 a.m. to 7:00 p.m. in those counties having a population of 12,610 to 12,620 persons, inclusive, according to the United States census of 1930 or any future such census, approved February 21, 1939 (Ga. Laws 1939, p. 307);

(el) A population Act providing that the hours of election shall be from 7:00 a.m. to 6:00 p.m. in those counties having a population of 26,204 to 26,208 persons, inclusive, according to the United States census of 1930 or any future such census approved March 24, 1939 (Ga. Laws 1939, p. 308);

(em) A population Act providing that the hours of election in certain precincts shall be from 7:00 a.m. to 7:00 p.m. in those counties having wholly or partially within their boundaries a city of 200,000 persons or more, approved February 12, 1938 (Ga. Laws 1938, 1937-38 Ex. Sess., p. 250);

(en) A population Act providing that candidates for the Gen eral Assembly must designate and qualify for a specific seat in the Asssmbly in those counties having a population of 29,990 to 29,998 persons, inclusive, according to the United States census of 1930 or any future such census, approved March 18, 1937 (Ga. Laws 1937, p. 590);

(eo) A population Act providing that ballots for primaries and elections need not be numbered or designated in any way in those counties having a population of 19,300 to 19,500 persons, inclusive, according to the United States census of 1930 or any

MONDAY, MAY 18, 1964

185

future such census, approved March 21, 1935 (Ga. Laws 1935, p. 117);

(ep) A population Act providing that the hours for holding elections shall be from 8:00 a.m. to 3:00 p.m. in certain precincts in those counties having a population of 7,000 to 7,050 persons, in clusive, according to the United States census of 1930 or any future such census, approved March 12, 1935 (Ga. Laws 1935, p. H8) ;

(eq) A population Act providing that nominations for candi dates for the General Assembly in all counties having a population of 200,000 persons or more, and for candidates for judges of the superior court in all judicial circuits in a county or counties having a population of 200,000 persons or more, according to the United States census of 1920 or any future such census, shall specify the particular incumbent whom such candidate desires to oppose, and the candidate receiving a plurality of votes cast for candidates for such office shall be declared the nominee therefor, approved August 26, 1925 (Ga. Laws 1925, p. 245), as amended by an Act approved August 8, 1927 (Ga. Laws 1927, p. 245), it being the intent of this repealer that the original Act, as well as all amendatory Acts thereto, be repealed in their entirety;
(er) A population Act providing for the use of voting re corders and tabulating machines for recording and computing votes in primaries and elections in those counties having a population of 250,000 and not more than 500,000, according to the United States Census of 1960, approved in March 1964 (Senate Bill No. 340); and

(es) A population Act providing for the use of voting re corders and tabulating machines for recording and computing votes in primaries and elections in any county having a population of more than 500,000, according to the United States census of 1960 or by any such future census, approved in March 1964 (Senate Bill No. 351).

Section 34-2002. Negation of Reviver.--The repeal of any Act of the General Assembly, or part thereof, described in Section 34-2001, shall not revive any Act, or part thereof, heretofore repealed or super seded.

Section 34-2003. Severability.--If any provision of this Code or the application of such provision to any circumstance is held invali4 for any reason whatsoever, the remainder of this Code or the applica tion of the provision to other circumstances, shall not be affected thereby.

Section 34-2004. Express retention.--Code Section 34-2301, re lating to congressional districts and the composition thereof so as to designate the counties and portions thereof which shall compose the congressional districts of this State and to provide for the applicability of such Act as amended by particular Act. No. 923 of the 1964 regular session of the General Assembly, is expressly retained and shall not be construed as being repealed by the provisions of this Code.

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Section 34-2005. Effective dates.--The provisions of Chapters 34-1, 34-2, 34-3, 34-4, 34-6, 34-7, 34-8, 34-9, 34-10, 34-16, 34-17 and 34-19, and Sections 34-1514, 34-2003, 34-2004, and 34-2005 of this Code shall become effective on the effective date of this Act. The provisions of Chapters 34-5, 34-11, 34-12, 34-13, 34-14 and 34-15 (except Section 34-1514), and Sections 34-2001 and 34-2002 of this Code shall become effective on January 1, 1965.

Section 34-2006. General repealer.--All other laws and parts of laws in conflict with this Code are hereby repealed.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Carlton of the 21st asked unanimous consent that further action on SB 1 be postponed until May 19th.

The consent was granted.

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

TUESDAY, MAY 19, 1964

187

Senate Chamber, Atlanta, Georgia Tuesday, May 19, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend W. H. Lewis, pastor, First Methodist Church, Ringgold, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Fuqua Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Owens Pelham

Pennington Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introdutcion of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

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The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House to-wit:

HR 30. By Messrs. Etheridge of Fulton, Twitty of Mitchell and Caldwell of Upson:
A resolution relative to visiting the Atlanta municipal stadium con struction site; and for other purposes.

The following bill was introduced, read the first time, and referred to com mittee:
SB 12. By Senators Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and Brown of the 34th:
A bill to amend an act creating the Judges' and Solicitors-General Re tirement Fund of Fulton County, approved Jan. 31, 1946 (Ga. L. 1946, p. 299), as amended, so as to allow certain eligible persons to become members of the retirement fund; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

SB 7. By Senators Plunkett of the 30th and Heard of the 29th: A bill to amend an act providing an assistant solicitor general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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189

HB 2. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; and for other purposes.

The Committee on Judiciary offered the following amendment:

Amend HB 2 by striking section 3 in its entirety and inserting in lieu thereof the following:

"The Solicitor General of the Dougherty Judicial Circuit is hereby prohibited from engaging in the private practice of law."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill, postponed from May 18th, was put upon its passage:
SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th: A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes. Senator Tribble of the 3rd offered the following amendment: Amend committee substitute to SB 1, Section 34-103, subsection (j) by striking therefrom the word "two" and inserting after the word assistant "manager or managers".
On the adoption of the amendment, the ayes were 40, nays 1, and the amend ment was adopted.
Senator Johnson of the 42nd offered the following amendment:

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Amend code section 34-106 of SB 1 (committee substitute) by striking the word "is" in the second line and substituting the words "has been adjudged" in lieu thereof.

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the committee substitute to SB 1 as follows:
By striking the words "registration officer" in section 34-107 and inserting in lieu thereof the words "registrar, deputy registrar".

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.
Senators Carlton of the 21st and Webb of the llth offered the fol lowing amendment:
Amend committee substitute to SB 1 by inserting between the first and second sentences of Section 34-201 a new sentence to read as fol lows: "No person while a member of the General Assembly shall serve as a member of the Board."

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.
Senator Carter of the 14th offered the following amendment:
Amend committee substitute to SB 1 by striking Section 34-203 in its entirety and inserting in lieu thereof a new Section to read as follows:
"Section 34-203. Authority of Board to institute or intervene in court actions; notice to Chairman of Board, (a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any primary or election law of this State, or of any rule or regulation of the Board, or of any political party, concerning pri maries or elections, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal or improper conduct in connection therewith.
(b) Any verdict, decision, judgment, decree, order, ruling or other judicial action by any court of this State in any action wherein relief is sought affecting the calling, holding, conduct, determination,

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191

result, tabulation or certification of result of any primary or elec tion, or wherein any interpretation is sought of any law of this State, or of any rule or regulation of the Board or of any political party, concerning primaries or elections, shall be void unless it affirmatively appears as a matter of record (i) that the Chairman of the Board was given at least five days' advance written notice of the time set for the particular trial, hearing or other proceeding as a result of which such verdict, decision, judgment, decree, order, ruling or other judicial action was entered, or (ii) that the Chairman of the Board or counsel for the Board has waived such notice.";

On the adoption of the amendment, Senator Conway of the 41st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 34th Carter Conway Gordy

Hall Johnson of 42nd Plunkett Smalley

Those voting in the negative were Senators:

Broun of 46th Byrd Carlton Downing Fincher Fuqua Gillis Heard Holloway Hunt Jackson

Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore McKinnon McWhorter Noble Pelham

Thomas Wesberry Yancey
Pennington Rowan Scott Searcey Smith Tribble Webb Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 11, nays 31, and the amend ment was lost.
Senator Holloway of the 12th offered the following amendment:
Amend committee substitute to SB 1 by adding in sub-section (A) of section 34-203 between the words "any" and "law" the word "election" in the 4th line of the 1st sentence.

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On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.

Senator Zorn of the 6th moved to amend the committee substitute to SB 1 as follows:

1. By striking section 34-203, sub-section (b) in its entirety and inserting in lieu thereof a new section to read as follows:

"Section 34-203. Authority of Board to institute or intervene in court actions; notice to Chairman of Board.

"Any verdict, decision, judgment, decree, order, ruling or other judicial action by any court of this State in any action wherein relief is sought affecting the calling, holding, conduct determination, re sult, tabulation or certification of result of any election, or wherein an interpretation is sought of any law of this State, or of any rule or regulation of the Board, concerning elections, shall be void un less it affirmatively appears as a matter of record (i) that the Chairman of the Board was given at least five days' advance writ ten notice of the time set for the particular trial, hearing or other proceeding as a result of which such verdict, decision, judgment, decree, order, ruling or other judicial action was entered, or (ii) that the Chairman of the Board or counsel for the Board has waived such notice."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
Senator Tribble of the 3rd offered the following amendment to the committee substitute to SB 1:
Amend section 34-204, subsection (f) by striking therefrom the word "three" and inserting in lieu thereof the word "five".

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
Senator Carter of the 21st moved that further action on SB 1 be postponed until May 20th, and the motion prevailed.

Senator Carter of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

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193

Senate Chamber, Atlanta, Georgia Wednesday, May 20, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend William H. Rittenhouse, pastor, Roswell Street Baptist Church, Marietta, Georgia.
By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

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HB 20. By Mr. Roberts of Jones:
A Bill to abolish the present method of compensating the sheriff of Jones County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.

HB 21. By Mr. Bowen of Dooly:
A bill to amend an act, creating a charter for the City of Unadilla, Ga., so as to empower governing authorities of Mayor and Council of Una dilla; and for other purposes.

HB 22. By Mr. Bowen of Dooly:
A bill to amend an act found in Ga. L. 1920, so as to extend the corporate limits of City of Unadilla; and for other purposes.

HB 23. By Mr. Byrd of Walton:
A bill to abolish the present mode of compensating the sheriff of Walton County, to provide in lieu thereof an annual salary; and for other pur poses.

HB 24. By Mr. Knight of Berrien:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners; and for other purposes.

HB 25. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend, consolidate and supersede an Act incorporating the town of Elizabeth; and for other purposes.

HE 20. By Wilson of Cobb, Teague of Cobb: A resolution proposing an amendment to the constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by an municipality; and for other purposes.
The following resolution, was read and adopted:
HR 30. By Messrs. Twitty of Mitchell and Caldwell of Upson: A resolution relative to visiting the Atlanta municipal stadium construc tion site; and for other purposes.

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195

The following bills and resolution were introduced, read the first time, and referred to committees:

HB 20. By Mr. Roberts of Jones:
A bill to abolish the present method of compensating the sheriff of Jones County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 21. By Mr. Bowen of Dooly:
A bill to amend an act, creating a charter for the City of Unadilla, Ga., so as to empower governing authorities of mayor and council of Unadil la; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 22. By Mr. Bowen of Dooly:
A bill to amend an act found in Ga. L. 1920, so as to extend the corporate limits of the City of Unadilla; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 23. By Mr. Byrd of Walton:
A bill to abolish the present mode of compensating the Sheriff of Walton County, to provide in lieu thereof an annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 24. By Mr. Knight of Berrien:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 25. By Messrs. Plournoy, Teague and Wilson of Cobb:
A bill to amend, consolidate and supersede an act incorporating the town of Elizabeth; and for other purposes.
Referred to Committee on County and Municipal Governments.

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HR 20. By Messrs. Wilson and Teague of Cobb:
A resolution proposing an amendment to the constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality; and for other purposes.
Referred to Committee on Rules.

The following bill was read the second time:

SB 12. By Senators Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and Brown of the 34th:

A bill to amend an act creating the Judges' and Solicitors-General

Retirement Fund of Fulton County, approved Jan. 31, 1946 (Ga. L.

1946, p. 299), as amended, so as to allow certain eligible persons to be

come members of the retirement fund; to repeal conflicting laws; and

for other purposes.



Mr. Rowan of the 8th District Secretary of the Committee on Rules sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 14. Do Pass. Respectfully submitted Rowan of the 8th district Secretary.

The following bill, postponed from May 19th, was put upon its passage:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:

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197

By inserting between the second and third sentences of Section 34205 a new sentence to read as follows: "The Board, in investigating the administration of election laws within a county or any frauds or ir regularities in elections held therein, shall conduct each hearing con cerning same at a place within such county.".

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend the Committee Substitute to SB 1 by striking therefrom Section 34-107 in its entirety and inserting in lieu thereof a new Section to read as follows:
"Section 34-107. Person convicted of certain crimes not to serve as primary or election official or be nominated or elected.-- No person shall serve as an ordinary, registrar, deputy registrar, poll officer or party officer who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this State or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. No person shall be eligible to hold any elective office in this State after conviction and sentence in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this State or any other State or of the United States, until such conviction be set aside or such person shall have been pardoned."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

Senator Tribble of the 3rd offered the following amendment:
Amend Senate bill 1 (Com. Sub.), Subsection (d), Section 34-401, by striking therefrom the words "select and" following the phrase "for use in" and before word "elections".

On the adoption of the amendment, the ayes were 30, nays 2, and the amend ment was adopted.
Senator Wesberry of the 37th offered the following amendment:
Amend SB 1 (Comm. Sub.) as follows:

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Section 34-401 (k) By deleting the word "year" between the word "preceding" and the word "and" and inserting in lieu thereof the words "two years" so that the phrase shall read:

"expenditures for the preceding two years"

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Tribble of the 3rd offered the following amendment:
SB 1 (Com. Sub.) as follows:
Section 34-501 by striking therefrom the word "two" and inserting after the word assistant "manager or managers".

On the adoption of the amendment, the ayes-were 28, nays 0, and the amend ment was adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:
By striking the figure "160,000" as it appears in the title and Subsection (d) of Section 34-603 and inserting in lieu thereof the figure "200,000".

On the adoption of the amendment, the president called for the ayes and nays.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin

Conway Downing Fuqua Gayner Gillis Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Kidd Lee

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199

Maclntyre Moore McKinnon McWhorter Noble Owens Pennington

Phillips Plunkett Rowan Salome Scott Smalley Spinks

Thomas Tribble Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend the committee substitute to SB 1 by deleting from the first Sentence of section 34-615 the words, "upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph IV of section 1 of Article II of the State Constitution."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend the Rules Committee Substitute for Senate Bill 1, by striking section 34-618 in its entirety and by adding in lieu, therefore a new section 34-618 as follows:
34-618. Oral examinations of applicants on standard questions. The examination which the registration officers shall sumbit to an applicant who claims the right to register on the basis of good character and understanding of a republican form of Government, shall be based upon a standard list of questions to be adopted by the State Election Board, as the same may be changed from time to time, and the questions on such list and no others shall be submitted to such applicant. If the ap plicant can give correct answers to twenty of the thirty questions as they are propounded to him, possesses the other necessary qualifications and is not disqualified in any other way, the card shall be marked ap proved and the applicant shall be considered an elector. Otherwise, the registration card shall be marked rejected.

On the adoption of the amendment, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

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A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Conway Ellis Fuqua Hall Heard

Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Owens Pelham Phillips

Plunkett Salome Smalley Smith Wesberry Yancey

Those voting in the negative were Senators:

Carlton Coggin Downing Gayner Gillis Gordy Harrison Holloway

Jackson Lee Loggins Maclntyre McKinnon McWhorter Noble Pennington

The roll call was verified.

Rowan Searcey Spinks Tribble Webb Young Zorn

On the adoption of the amendment, the ayes were 22, nays 23, and the amend ment was lost.
Senator Johnson of the 38th offered the following amendment:
Amend SB 1 (Comm. Sub.) by striking Section 34-618 in its entirety and inserting a new Section 34-618 as follows:
"Section 34-618. Oral examination of applicants on standard questions.--The examination which the registration officers shall submit to an applicant who claims the right to register on the basis of good character and understanding of the duties and obligations of citizenship under a republican form of government, shall be based upon the following list of standard questions, and the questions on this list and no other shall be submitted to such applicant:
1. Who is the President of the United States?
2. Who is the Vice President of the United States?
3. Who are the two United States Senators from Georgia?

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201

4. Who is the Governor of Georgia?

5. Who are the members of the General Assembly who repre sent you?

6. Who is the sheriff of your county?

If the applicant can give correct answers to four of the six ques tions propounded to him, possesses the other necessary qualifications and is not disqualified in any other way, the card shall be marked 'approved' and the applicant shall be considered an elector; other wise the applicant is rejected."

On the adoption of the amendment, the ayes were 35, nays 2, and the amend ment was adopted.

Senator Johnson of the 42nd offered the following amendment:
Amend SB 1 (Comm. Sub), Paragraph (a) of Section 34-628 by striking the word "one" in the fourth line from the end thereof and inserting the word "three" and the word "day" in the third line from the end thereof and inserting the word "days" in lieu thereof.

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senator Smally of the 28th offered the following amendment:
Amend SB 1 (Comm. Sub.) by adding at the end of 34-628 a new subparagraph (c) as follows:
"(c) Any elector of the county shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the county at any time including election day itself. Such challenge may be oral or written but shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge the poll officers of the challenged elector's district shall be noti fied and if practical the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself at the polling place to vote he shall be given an opportunity to appear before the registrar and answer the grounds of challenge, and such registrars shall:
(a) After hearing the challenger and the challenged elector,

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determine whether probahle cause to sustain such challenge exists;

(b) If no probable cause exists, the challenged elector shall be permitted to vote.

(c) If in doubt as to the merit of the challenge shall permit the challenged elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later deter mination."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

Senator Searcey of the 2nd offered the following amendment:
Amend committee substitute to SB 1 as follows:
Amend 34-632 (b) by adding thereto the following: "unless said person shall register to vote or perform other acts indicating a desire to change his citizenship and residence."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

Senator Wesberry of the 37th offered the following amendment:
Amend SB 1 (Comm. Sub.), Section 34-635, by deleting the word "year" and by inserting the words "two years" between the words "preceding" and the word "and" so that the phrase shall read "expendi tures for the preceding two years".

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

Senator Holloway of the 12th offered the following amendment:
Amend SB 1 (Com. Sub.) as follows:
By striking in its entirety Code Section 34-705, and substituting in lieu thereof a new Code Section 34-705 to read as follows:
"Section 34-705. Polling place to be selected by ordinary.-- The ordinary shall select and fix the polling place within each election district and may on his own motion, or on petition of 10 electors of an election district, change the polling place within any

WEDNESDAY, MAY 20, 1964

203

election district. Except in case of emergency of unavoidable event, occuring within 10 days of the primary or election which renders any polling place unavailable for use as such, the ordinary shall not change any polling place within 30 days of any such primary or election. When any polling place is proposed to be changed, the ordinary shall post notice of the proposed change at the site of the present polling place and in at least 3 places within the immediate vicinity thereof, and shall also give notice to the occupant or owner of such polling place of the proposed change in the polling place at least 5 days before the change is to occur. Except in the event of an emergency as set forth above, if 20 per cent of the electors residing within such a district object to the change of the polling place, the ordinary shall not change the polling place. If any polling place is changed, the ordinary shall post notice of the change in the polling place in the same manner as provided above for the five days preced ing the next election or primary occuring after said change."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

Senator Tribble of the 3rd offered the following amendment:
Amend SB 1 (Com. Sub.) as follows:
By striking from Section 34-705 the phrase "primary or" wherever it appears, and by changing the word "a" to the word "an" wherever it precedes the word election.
On the adoption of the amendment, the ayes were 29, nays 3, and the amend ment was adopted.
Senator Carlton of the 21st asked unanimous consent that further action on SB 1 be postponed until tomorrow morning.
The consent was granted.
Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report: Mr. President:
Your Committee on Senate Administration Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as

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chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SR 7. Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Carlton of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

THURSDAY, MAY 21, 1964

205

Senate Chamber, Atlanta, Georgia, Thursday, May 21, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Guy Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.

Prayer was offered by the Reverend Ellis Miller, pastor, First Methodist Church, Cairo, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

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SB 4. By Senator Webb of the llth:
A bill to amend Section 5 of the act known as the "Hospital Authori ties Law" approved March 27, 1941 (Ga. Laws 1941, p. 241), as amended, so as to extend the period of time for which revenue certifi cates may be issued by hospital authorities; and for other purposes.

SB 5. By Senator Webb of the llth:
A bill to amend Section 1 of the act known as the "Georgia Health Code" approved March 18, 1964, (Ga. Laws 1964, p. 499), particularly the Chapter referred to therein as "Hospital Authorities Law"; and for other purposes.

The House has agreed to the Senate amendment of the following bill of the House:
HB 2. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit; and for other purposes.
The House has adopted the following resolution of the House:
HR 37. By Messrs. Nessmith of Bulloch, Lowrey and Jordan of Floyd and others: A resolution expressing regrets at the passing of Mr. R. W. Fincher of Floyd County, Georgia; and for other purposes.
The following resolution was introduced, read the first time, and referred to a committee:
SR 21. By Senators Carter of the 14th, Phillips of the 27th, Yancey of the 33rd, Plunkett of the 30th, Wesberry of the 37th, Moore of the 31st, Heard of the 29th, Johnson of the 42nd, Conway of the 41st, Maclntyre of the 40th, Pelham of the 10th and Broun of the 46th: A resolution amending the rules of the Senate; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
HB 20. By Mr. Roberts of Jones: A bill to abolish the present method of compensating the sheriff of

THURSDAY, MAY 21, 1964

207

Jones County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.

HB 21. By Mr. Bowen of Dooly:
A bill to amend an act, creating a charter for the City of Unadilla, Ga., so as to empower governing authorities of mayor and council of Unadilla; and for other purposes.

HB 22. By Mr. Bowen of Dooly:
A bill to amend an act found in Ga. L. 1920, so as to extend the cor porate limits of the City of Unadilla; and for other purposes.

HB 23. By Mr. Byrd of Walton:
A bill to abolish the present mode of compensating the Sheriff of Walton County, to provide in lieu thereof an annual salary; and for other purposes.

HB 24. By Mr. Knight of Berrien:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners; and for other purposes.

HB 25. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend, consolidate and supersede an act incorporating the town of Elizabeth; and for other purposes.

HR 20. By Messrs. Wilson and Teague of Cobb:
A resolution proposing an amendment to the constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality; and for other purposes.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :

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SB 12. Do Pass. HB 3. Do Pass. HB 21. Do Pass. HB 22. Do Pass. HB 24. Do Pass.

Respectfully submitted, Brown of 34th District, Chairman.

The following resolution was read:

SR 20. By Senator Heard of the 29th:
A resolution prevailing upon the State Board of Education to allow working time to public school teachers for work performed outside of the school building or facility; and for other purposes.

On the adoption of the resolution, the ayes were 25, nays 12, and the reso lution was lost.

Senator Heard of the 29th gave notice that at the proper time he would move that the Senate reconsider its action on SR 20.

The following resolution was read and adopted:

HR 37. By Messrs. Nessmith of Bulloch, Lowrey and Jordan of Floyd, Ware of Troup and Watson of Pike:
A resolution expressing regret at the passing of Mr. R. W. Fincher of Floyd County, Georgia; and for other purposes.

The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:

SB 8. By Senators Johnson of the 38th, Wesberry of the 37th, Maclntyre of the 40th, Brown of the 34th, and others:
A bill to amend an act establishing a new charter for the City of At lanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

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209

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 9. By Senator Rowan of the 8th:
A bill to amend an act creating the Board of Commissioners of Eoads and Revenues for Berrien County, approved September 20, 1887 (Ga. L. 1886-1887, Vol. II, p. 664), as amended, so as to change the compen sation of said Board of Commissioners of Roads and Revenues; to re peal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 10. By Senators Maclntyre of the 40th, Brown of the 34th, Salome of the 36th, Conway of the 37th, and Johnson of the 38th:
A bill to amend an act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 12. By Senators Salome of the 36th, Coggin of the 35th and others: A bill to amend an act creating the judges' and solicitors-general re-

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tirement fund of Fulton County, approved Jan. 31, 1946 (Ga. L. 1946, p. 299), as amended, so as to allow certain eligible persons to become members of the retirement fund; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 11. By Senators Maclntyre of the 40th, Brown of the 34th, Salome of the 36th, Wesberry of the 37th and Johnson of the 38th:
A bill to amend an act establishing a new charter for the City of Eoswell, approved Feb. 9, 1950 (Ga. L. 1950, p. 2178), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 4. By Mr. Deen of Bacon: A bill creating a new charter for the City of Alma, so as to authorize the mayor and city council by a majority vote to close, sell, dedicate or donate any and all alleys and streets located within the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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211

HB 6. By Mr. Warren of Wayne:
A bill to amend an act repealing the present charter of the Town of Screven, so as to extend the corporate limits one-quarter of one mile in each direction; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 7. By Mr. Warren of Wayne:
A bill to amend an act establishing the City Court of Jesup in and for the County of Wayne, so as to provide for an official court reporter; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 8. By Messrs. Harris and Mackay of DeKalb: A bill to abolish the Village of North Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 9. By Messrs. Harris and Mackay of DeKalb: A bill to amend an act establishing compensation of the elected county

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officials of DeKalb County so as to adjust the salaries provided in said act; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 11. By Mr. Warren of Wayne:
A bill to amend an act repealing the charter of the Town of Screven and reincorporating said town as a city and changing the name thereof to the "City of Screven"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 16. By Messrs. Payton and Black of Coweta: A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the clerical ex pense authorization for the office of the ordinary; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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213

HB 18. By Messrs. Ware and Spikes of Troup, Davis of Heard, Hill of Meriwether, Wiggins and Duncan of Carroll and Payton and Blalock of Coweta:
A bill to amend an act providing an assistant solicitor-general for the Coweta Judicial Circuit so as to fix the assistant solicitor general's salary; and for other purposes.

The report of the committeee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 19. By Mr. Henderson of Atkinson:
A bill to amend an act creating a County Court of Atkinson County, so as to provide that the solicitor of said court shall be appointed; to provide for terms of office; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 3. By Mr. Bowen of Toombs:
A bill to place the sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 13. By Mr. Bowen of Dooly:
A bill incorporating the Town of Byromville in the County of Dooly, so as to extend the corporate limits of said town; and for other pur poses.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an act to amend an act found in Georgia Laws 1905, published by authority, at pages 690 to 695, inclusively, as variously amended, so as to extend the corporate limits of Town of Byromville so as to include within its limits part of Lot of Land No. 11 situate in First Land District of Dooly County, Georgia, and other area being part of Lots of Land Nos. 191, 192, 193 and 194 situate in Second Land District of said County, and so as to provide that the extension shall not become effective until approved by a simple majority of the qualified voters voting in the area to be added in an election for that purpose to be held and by a simple majority of the qualified voters voting in the present corporate limits in an election for that purpose to be held, and so as to provide for the holding of separate elections, and for other purposes therein-mentioned.
BE IT ENACTED by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows.
SECTION 1. The corporate limits of the town of Byromville, de fined in Section 2 of an act of the General Assembly of Georgia, ap proved 19 August 1905, found in Georgia Laws 1905, published by au thority, at pages 690 to 695, inclusively, are extended and enlarged so as to include segments as follows: (A) SEGMENT No. 1 being part of Lots of Land Nos. 191 and 194 situate in the Second Land District of Dooly County, Georgia, identified as comprising rectangular plot with di mensions 2640 feet north and south and 1070 feet east and west lying immediately east of D Avenue extending from the north side of Fourth Street to the south side of D Street, delineated in withinmentioned plat, (B) SEGMENT No. 2 being part of Lots of Land Nos. 192 and 193 situate in the same District identified as comprising rectangular plot with dimensions 2640 feet north and south and 820 feet east and west lying immediately west of Fourth Avenue extending from the north side of Fourth Street to the south side of D Street, delineated in cyanotype plat laid out for the town of Byromville appearing of record in Dooly registry in its Deed Book 14, at pages 294 and 295, copy whereof upon reduced scale is recorded in the same registry in its Deed Book 73, at page 453, (C) SEGMENT No. 3 being part of the withinmentioned Lots 193 and 194 identified as comprising rectangular plot with dimen sions 580 feet north and south and 5250 feet east and west lying im mediately south of the aforementioned Segment No. 1 and of the pre sent south limits of the said town, defined in the aforementioned Sec tion 2 of the aforementioned act approved 19 August 1905, and of the aforementioned Segment No. 2, (D) SEGMENT No. 4 being part of the withinmentioned Lots 191 and 192 identified as comprising rectangular

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215

plot with dimensions 580 feet north and south and 5250 feet east and west lying immediately north of the aforementioned Segment No. 1 and of the present north limits of the said town, defined in the same Section 2, and of the aforementioned Segment No. 2, and (E) SEG MENT No. 5 being part of Lot of Land No. 11 situate in the First Land District of Dooly County, Georgia, identified as comprising all the east 1820 feet of the said numbered lot which lies south of a line 1820 feet in length, the east extremity of which is collinear with the north side of the aforementioned Segment No. 4.

SECTION 2. Within 120 days after the date of the approval of this act the Ordinary of Dooly County, Georgia, shall call a referendum election to be held in the year 1964 to determine whether a simple ma jority of the voters qualified under the provisions of this act and voting at such election favor the annexation of the territory, mentioned in Section 1, hereinbefore, and shall give public notice in the newspaper in which the sheriff's advertisements for Dooly County appear once a week for two successive calendar weeks next preceding the election, stating in the notice the location of the polling place designated by either the Ordinary or the board of county commissioners of the said County, the day and hours of voting, and a brief statement of the is sues to be determined by the election and explicitly referring to the certified copy of the act herein to be kept on file in the Ordinary's office previously to the election subject to inspection by the public dur ing regular office hours. The registrars of Dooly County shall meet and certify a list of all qualified voters residing in the territory pro posed to be annexed and who are registered and qualified to vote for members of the General Assembly, and only those residents whose names appear upon such list shall be eligible to vote at the election herein au thorized. Further, the Ordinary shall appoint three managers to super vise the election, which managers shall be first sworn by the Ordinary to faithfully manage the election, and the laws and regulations applica ble to special elections, not in conflict with the specific provisions hereof, shall apply. Before offering to vote each voter shall be required to subscribe an oath that becomes within the terms of the aforesaid qualifications, and any person who shall swear falsely that he is quali fied to vote or who shall cast more than one ballot or who shall vote thereat without proper qualification, shall upon conviction be punished as for a misdemeanor. Ballots shall show the purpose of the election, refer to this act, and shall have written or printed thereon the words "For annexation" and "Against annexation" and voters favoring an nexation or extension in the premises shall mark out or cancel the words "Against annexation" and voters opposed to annexation in the premises shall mark out or cancel the words "For annexation," and promptly upon the closing of the polls the managers shall publicly count the ballots cast and within 18 hours thereafter deliver to the Ordinary the sealed ballot box, ballots, tally sheet and list of voters and certify the result to the Ordinary who shall as soon as practicable thereafter declare the result of the election in writing to either the clerk or the mayor of Town of Byromville.

SECTION 3. The governing authorities of Town of Byromville shall call an election of the qualified voters of Town of Byromville to be held on the same day and within the same hours as the election authorized in Section 2, hereinbefore, to determine whether a simple

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majority of the voters qualified under the provisions of this act and voting at the municipality conducted election favor the annexation of the territory, mentioned in Section 1, hereinbefore, and shall give pub lic notice in the official organ or newspaper of the Town of Byromville at least one week next preceding the election, stating in the notice the location of the polling place, the day and hours of election for voting, and explicity referring to the certified copy of the Act herein to be kept of file in the office of clerk and treasurer previously to the election subject to inspection by the public during office hours.

Only citizens of Town of Byromville qualified to vote for members of the General Assembly and under the laws pertaining to municipal elections shall be qualified to vote in the election, and the election shall be held in accordance with the laws governing elections in the municipali ty, Town of Byromville, to the extent not in conflict with the specific provisions hereof. Before offering to vote each voter shall be required to subscribe an oath that he comes within the terms of the aforesaid qualifications, and any person who shall swear falsely that he is quali fied to vote or who shall cast more than one ballot or who shall vote thereat without proper qualification, shall upon conviction be punished as for a misdemeanor. Ballots shall show the purpose of the election, refer to this act, and shall have written or printed thereon the words "For an nexation" and "Against annexation" and voters favoring annexation or extension in the premises shall mark out or cancel the words "Against annexation" and voters opposed to annexation in the premises shall mark out or cancel the words "For annexation," and the governing authorities of Town of Byromville shall declare the result of the elec tion and elections.

SECTION 4. Costs of both of the elections provided for in this act shall be borne by Town of Byromville.

SECTION 5. Should both of the elections be in favor of incorporating the additional territory such annexed territory shall automatically and without further act become a part of the corporate limits of Town of Byromville, and the governing authorities of Town of Byromville act ing through its Mayor shall certify to the Secretary of State such new corporate limits, whereof all the courts within the State of Georgia shall take judicial notice.

SECTION 6. In case the result of the elections favor the incorpora tion of additional territory the governing authorities of Town of Byrom ville shall not assess for the year 1964 any ad valorem taxes with re spect to the lands in such territory.

SECTION 7. All laws in conflict with this enactment are repealed to the extent of the conflict.

SECTION 8. If any provision of this enactment or the application thereof to any person or circumstances is held by any court of competent jurisdiction to be null, frustrate or inoperative, such holding of invalid ity shall not affect or disturb the operation of other provisions or ap plications of the enactment which can be given effect without the in-

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217

valid provision or application, and to this end the provisions of this enactment are declared to be severable.

SECTION 9. Attached hereto as an annexure and made a part of this enactment is copy of the notice to apply for the local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Arti cle III, Section VII, Paragraph XV, of the revised Constitution of the State of Georgia.

On the adoption of the substitute, the ayes were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill, postponed from May 20th, was put upon its passage:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; arid for other purposes.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:
By striking the title and first three sentences of Section 34-801 in their entirety and inserting in lieu of such title and sentences the following:
"General Primaries. Whenever a political party, whose candi date for the office of Governor in the last gubernatorial election received more votes than any other candidate seeking such office, shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held

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on the second Wednesday in September in each even-numbered year. Whenever any other political party shall hold a primary to nomi nate candidates for public offices to be filled in the ensuing Novem ber election, the same shall be held on the second Wednesday in August in each even-numbered year; Provided, however, that with the consent of the party described in the preceding sentence, such primary may be held on the second Wednesday in September of such year. Such consent, if given, shall be evidenced by the State executive committee filing a written consent with the Secretary of State not earlier than June 1 nor later than June 15 of such year."

On the adoption of the amendment, Senator Tribble of the 3rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun, of 46th Carlton Carter Coggin Downing Fincher Fuqua Gayner Gillis

Heard Hunt Kidd Knox Lee McKinnon McWhorter Noble

Owens Pelham Pennington Scott Smith Webb Yancey Zorn

Those voting in the negative were Senators:

Brewer Brown of 34th Conway Gordy Hall Harrison

Jackson Johnson of 42nd Maclntyre Phillips Plunkett Rowan

Salome Smalley Thomas Tribble Wesberry

The roll call was verified.

On the adoption of the amendment, the ayes were 25, nays 17, and the amendment was lost.

Senator Tribble of the 3rd offered the following amendment:

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219

Amend Senate bill 1 (Comm. Sub.), by striking Section 34-801 in its entirety and substituting therefor the following:

Chapter 34-8. Dates of Primaries and Elections.

Section 34-801. General primary. -- Whenever any political party shall hold a primary to nominate candidates for offices to be filled in the ensuing November election, the same shall be held on the second Wednesday in September in each even-numbered year and shall be known as the general primary. The preceding sentence shall not apply to a primary held to nominate candidates for membership in the House of Representatives of the General Assembly or for county offices to be filled in the November election of 1964.

On the adoption of the amendment, Senator Carlton of the 21st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Conway Gordy Johnson of 42nd Maclntyre

Pennington Phillips Salome Smalley

Thomas Tribble Zorn

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Downing Fuqua Gayner Gillis Hall

Harrison Heard Hunt Jackson Kidd Knox Lee Moore McKinnon McWhorter

Noble Owens Plunkett Rowan Scott Searcey Smith Webb Yancey
Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 11, nays 30, and the amendment was lost.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:

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Amend the Committee Substitute to SB 1 as follows:

By striking the word and figures "Section 34-807" in the last Sec tion of Chapter 34-8 and inserting in lieu thereof the word and figures "Section 34-806".

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:
1. By striking the period at the end of the title of Section 34-902 and inserting in lieu of such period the following words: "; election of party officers."; and
2. By adding a new Subsection at the end of Section 34-902 to read as follows:
"(d) Any person seeking party office in a primary shall be governed by the provisions of this Code relating to a person seek ing party nomination in a primary in so far as such application is practicable.".

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senators Gayner of the 5th and Carlton of the 21st offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:
By inserting between Sections 34-903 and 904 a new section to read as follows:
"Section 34-904. Investigation of fraud and irregularity in primaries; powers of State executive committee and State Election Board; Petitions; appeals; notices; hearings; reports; orders.-- (a) A person possessing evidence of fraud or irregularity in the conduct of a primary within a county may file a petition with the State executive committee of the political party conducting such primary requesting an investigation and report of same. The petition shall be verified by the petitioner and shall concisely set forth the fraud or irregularity complained of. Prior to such filing, a copy of the petition shall be served on the chairman of the county ex ecutive committee which had conducted such primary.

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221

(b) During the period of twenty days following the filing of such petition, the State executive committee shall make such investi gation and shall take such other action as is necessary to determine the merits of the petition. If the State committee determines that an investigative hearing is warranted, it shall conduct such hearing within the county involved and shall give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying and a record shall be kept of all evidence introduced.
(c) On or before the twentieth day after the filing of such petition, the State committee shall either render a report to the petitioner containing its findings as to whether fraud or irregulari ty existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor general and the grand jury of the county involved; and the State committee shall also make available to them any evidence in its possession which sup ports such findings.
(d) If the State committee issues an order denying such peti tion, or if the petitioner is dissatisfied with any report rendered in response to his petition, he may appeal by petition to the State Election Board. The petition shall be verified by the petitioner and shall concisely set forth the grounds of appeal. The petitioner shall attach as exhibits to his petition for appeal copies of his petition to the State committee and of the order or report rendered in re sponse thereto. Prior to the filing of such appeal with the board, a copy of the petition therefor, without such exhibits, shall be filed with the State and county committees.
(e) Upon the filing of such appeal, the State Election Board shall make such investigation and shall take such other action as is necessary to determine the merits of the appeal. If the board determines that an investigative hearing is warranted, it shall con duct such hearing within the county involved and shall give prior notice of the time and place thereof to all interested parties. A stenographic record of the testimony and other evidence introduced at the hearing shall be taken.

(f) Within a reasonable time after the filing of such appeal, the board shall either render a report to the petitioner containing its findings as to whether fraud or irregularity existed in such primary, or shall issue an order denying the appeal; and a copy of same shall be filed with the State and county committees. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the board with the solicitor general and the grand jury of the county involved; and the board shall also make available to them any evidence in its possession which supports such findings.
(g) When requested by the State executive committee of a

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political party, the State Election Board shall have the power to investigate alleged frauds and irregularities in a primary conducted by such party within a county and to report its findings concern ing same to the appropriate solicitor general and grand jury for further investigation and prosecution.

(h) The State executive committee may delegate its power under the provisions of this Section to a subcommittee;"

By striking the figure 34-904 from the last Section of Chapter 34-9 and inserting in lieu thereof the figure 34-905; and

By striking from the title the words "to create the State Election Board and to define its powers and duties concerning elections" and inserting in lieu thereof the words "to create a State Election Board and to define its powers and duties concerning primaries and elections."

Senator Carter of the 14th offered the following amendment to the amend ment to the committee substitute:

Amend amendment to committee substitute by inserting in the first sentence of section 34-904, paragraph (d), after the words "response to his petition," the words "or if the State committee fails to conclude its action within such twenty day period."

On the adoption of the amendment to the amendment to the committee sub stitute, the ayes were 32, nays 0, and the amendment to the amendment was adopted.

On the adoption of the amendment to the committee substitute, as amended, the ayes were 35, nays 0, and the amendment to the committee substitute was adopted as amended.
Senators Gayner of the 5th and Carlton of the 21st offered the following amendment:
Amend committee substitute to Senate Bill No. 1 by striking the figure "34-904" from the last Section of Chapter 34-9 and inserting in lieu thereof the figure "34-905".
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
Senators Carlton of the 21st and Webb of the llth offered the following amendment:

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223

Amend Senate Bill 1 (Comm. Sub) as follows:

By striking the word "an" in the last sentence of Section 34-1002 and inserting in lieu thereof the word "or".

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the committee substitute to Senate Bill No. 1 as follows:
By striking subsection (b) of Section 34-1003 in its entirety and inserting in lieu thereof a new subsection to read as follows:
" (b) Any vacancy happening in any party nomination for a Federal, State or county office filled by the vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit contained within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county."
On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the committee substitute to Senate Bill No. 1 as follows:
By striking the words "ten per cent" wherever they appear in Sub section (b) of Section 34-1010 and inserting in lieu thereof the words "five per cent".

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:

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By striking the words "two hundred" in Subsection (e) of Section 34-1010 and inserting in lieu thereof the words "one hundred and eighty".

On the adoption of the amendment, the ayes were 31, nays 3, and the amend ment was adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the Committee Substitute to Senate Bill No. 1 as follows:
By striking the first sentence of Section 34-1107 and inserting in lieu thereof a new sentence to read as follows: "The superintendent shall provide for each election district in which a primary or election is to be held one book of fifty official ballots for every forty-five elec tors and fraction thereof, or one book of one hundred official ballots for every ninety electors and fraction thereof, appearing upon the electors list for such district."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend Senate Bill 1 (Comm. Sub.) as follows:
By adding at the end of Subsection (g) of Section 34-1206 the following words: "provided, however, that if the machine does not fairly permit such a vote to be cast, then an elector desiring to vote for any person whose name does not appear on the machine shall be permitted to vote in the primary or election by the use of a paper ballot which shall be furnished by the superintendent;".

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
Senator Carter of the 14th offered the following amendment:
Amend the committee substitute to SB 1, Section 34-1304, by in serting after the word "A.M." and the word "P.M." the words "Eastern Standard Time".

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

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225

Senator Smalley of the 28th offered the following amendment:

Amend SB 1, committee substitute by striking sub-paragraph (c) of Section 34-1310 in its entirety, and by substituting in lieu thereof a new subparagraph Section (c) as follows:

(c) Except as provided in Sections 34-629 and 34-1407, no person shall vote at any primary or election at any polling place outside the election district in which he resides, nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors list of such election district.

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend the committee substitute to SB 1 by striking Section 34-1312 in its entirety.
On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend the committee substitute to SB 1 by striking from Paragraph 34-1313 (b) the following "and he has taken the oath prescribed in Section 34-1310 (c)", and inserting in lieu thereof, "under the provisions of paragraph 34-628 (c)".
On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend SB 1 (committee substitute) by striking sub-section (g) of Section 34-1315 in its entirety and inserting in lieu thereof the following:
" (g) If an elector's right to vote has been challenged pursuant to section 34-628 (c) the elector shall not be permitted to vote on the voting machine, but shall vote by ballot in the manner pre scribed by this Code."
On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

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Senator Webb of the llth offered the following amendment:

Amend committee substitute for SB 1 by striking paragraph (a) of section 34-1317 and inserting in lieu thereof the following:

"Section 34-1317. Assistance in voting. -- (a) No elector shall receive any assistance in voting at any primary or election: unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before an elector shall be permitted to receive assistance, he shall take an oath, which shall be administered to him and placed in writing by a manager, giving the reason why he requires assis tance. The name of each person assisting the elector shall be endorsed on the oath. An elector who is capable of marking the ballot or operating the voting machine by the use of properly fitted eye glasses shall not receive assistance in voting because of appearing at the polls without such eyeglasses."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

Senator Carlton of the 21st moved that further action on SB 1 be postponed until tomorrow morning, and the motion prevailed.

Senator Carlton of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

FRIDAY, MAY 22, 1964

227

Senate Chamber, Atlanta, Georgia Friday, May 22, 1964

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Ellis Miller, pastor, First Methodist Church, Cairo, Georgia.

Prayer was offered by the Reverend Guy Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been examined and found correct.

Senator Heard of the 29th moved that the Senate reconsider its action of yesterday on the following resolution of the Senate:

SR 20. By Senator Heard of the 29th: A resolution prevailing upon the State Board of Education to allow working time for school teachers for work performed outside the school building; and for other purposes.
On the motion to reconsider, the ayes were 28, nays 3, and the motion pre vailed.
Senator Rowan of the 8th moved that action on SR 20 be postponed until Monday, May 25th.
On the motion to postpone, the ayes were 28, nays 3, and the motion prevailed.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

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Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit:

HB 26. By Mr. Tucker of Catoosa:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County; and for other purposes.

HB 27. By Mr. Tucker of Catoosa:
A bill to change the amount of the bond required of the Clerk of the Superior Court of Catoosa County; and for other purposes.

HB 28. By Mr. Tucker of Catoosa:
A bill to change the amount of bond required of the Sheriff of Catoosa County; and for other purposes.

HB 29. By Mr. Tucker of Catoosa:
A bill to amend an act incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and aldermen; and for other purposes.

FRIDAY, MAY 22, 1964

229

SB 2. By Senator Webb of the llth:
A bill to amend an act consolidating the office of Tax Receiver and Tax Collector of Seminole County, so as to change the salary of the Tax Commissioner of Seminole County; and for other purposes.

HB 35. By Mr. Milford of Franklin:
A bill to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.

HR. 27. By Mixon of Irwin:
A resolution proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; and for other purposes.

HR 28. By Rodgers of Charlton:
A resolution proposing an amendment to the Constitution so as to create the Charlton County Development Authority; and for other purposes.

The House has adopted the following Resolution of the House:

HR 41. By Story of Gwinnett; Isenberg of Glynn; Morgan of Gwinnett and many others:
A resolution providing for a Police Families Relief Fund Week; and for other purposes.

The following resolutions were read and adopted:

SR 23. By Senators Maclntyre of the 40th, Conway of the 41st, Brewer of the 39th and others:
A resolution commending Dean George C. Griffin of Georgia Tech; and for other purposes.

SR 24. By Senators Maclntyre of the 40th, Brown of the 34th, Plunkett of the 30th, Young of the 13th, Lee of the 47th, Heard of the 29th, Phillips of the 27th, Downing of the 1st and others:
A resolution commending certain high school bands in the State of Georgia; and for other purposes.

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SR 25. By Senator Kendrick of the 32nd:
A resolution commending the Marietta Pony League Team; and for other purposes.

HR 41. By Messrs. Story and Morgan of Gwinnett, Isenberg and Killian of Glynn, Duncan and Wiggins of Carroll and Alien of Tift:
A resolution providing for a Police Families Relief Fund Week; and for other purposes.

The following bills and resolution were introduced, read the first time, and referred to committees:

HB 26. By Messrs. Tucker and Clark of Catoosa: A bill to amend an act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 27. By Messrs. Tucker and Clark of Catoosa: A bill to change the amount of the bond required of the clerk of the Superior Court of Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 28. By Messrs. Tucker and Clark of Catoosa: A bill to change the amount of the bond required of the sheriff of Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 29. By Messrs. Tucker and Clark of Catoosa: A bill to amend an act incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and aldermen; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 35. By Mr. Milford of Franklin: A bill to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.

FRIDAY, MAY 22, 1964

231

Eeferred to Committee on County and Municipal Governments.

HR 27. By Mr. Mixon of Irwin:
A resolution proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; and for other purposes.
Referred to the Committee on Rules.

HR 28. By Mr. Rodgers of Charlton:
A resolution proposing an amendment to the Constitution so as to create the Charlton County Development Authority; and for other purposes.
Referred to Committee on Rules.

The following resolution was read the second time:

SR 21. By Senators Carter of the 14th, Phillips of the 27th, Yancey of the 33rd, Plunkett of the 30th, Wesberry of the 37th, Moore of the 31st, Heard of the 29th, Johnson of the 42nd, Conway of the 41st, Maclntyre of the 40th, Pelham of the 10th and Broun of the 46th:
A resolution amending the rules of the Senate; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chair man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 8. SB 9. SB 10. SB 11. SB 12.
Respectfully submitted, Pelham of the 10th District, Chairman.

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The following bill, postponed from May 21st, was put upon its passage:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Senator Webb of the llth offered the following amendment:
Amend Committee Substitute to SR 1 as follows:
By striking Subsection (b) of Section 34-1317 and inserting in lieu thereof a new Subsection (b) to read as follows:
"(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the mana gers to select an elector of the county to enter the voting compart ment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person, including poll officers, shall assist more than two such electors in any primary or election."

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend Senate Bill 1 (Comm. Sub.) as follows:
By striking Section 34-1322 in its entirety and inserting in lieu thereof a new Section to read as follows:
"Section 34-1322. What ballots shall be counted; manner of counting; defective ballots.--(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation or defeat in the vote for any candidate shall render void the vote for such candidate, but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for for such nomination or office, or if, for any reason, it may be impossible

FRIDAY, MAY 22, 1964

233

to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office, but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked, or improperly or defectively marked, so that the whole ballot is void, shall be set aside and shall be pre served with the other ballots.

(b) At elections, any ballot marked by any other mark than a cross (X) or check (V) mark in the spaces provided for that pur pose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check (V) mark thereon is irregular in form. A cross (X) or check1 (V) mark in the square opposite the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body so marked. Any erasure, mutila tion or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. Any ballot indicating a write-in vote for any person whose name is not printed on the ballot, shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (V) mark is placed before the name of such person."

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
Senator Carlton of the 21st offered the following amendment:
Amend the committee substitute to SB 1 as follows:
By adding the following phrase at the end of subsection (b) of section 34-1405:
"provided, however, that in the case of a special election or run-off wherein time does not permit preparation of such list as required above, said list shall be prepared at least ten days prior to such election or run-off."

On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend SB 1 (Comm. Sub.) as follows:

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By striking the fourth sentence of Section 34-1514 and inserting in lieu thereof a new sentence to read as follows:

"Only the electors entitled to vote in the first primary or election shall be entitled to vote in any runoff primary or election resulting therefrom; provided, however, that no elector shall vote in a runoff primary in violation of Section 34-624."

On the adoption of the amendment, the ayes were 28, nays 1, and the amend ment was adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend SB 1 (Comm. Sub.) as follows:
By striking the word "an" in the last sentence of Section 34-1514 and inserting in lieu thereof the word "or".

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

Senator Carlton of the 21st moved that further action on SB 1 be postponed until Monday morning, and the motion prevailed.

Senator Carlton of the 21st moved that the Senate do now adjourn until Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock Monday morning.

MONDAY, MAY 25, 1964

235

Senate Chamber, Atlanta, Georgia, Monday, May 25, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Clarence Lamar Cawthorn pastor, Rebecca Methodist Church, Rebecca, Georgia.

Prayer was offered by the Reverend Dale Brown, pastor, Bio Baptist Church Hartwell, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of Friday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following resolution was adopted:
SR 20. By Senator Heard of the 29th: A resolution prevailing upon the State Board of Education to allow work-

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ing time to public school teachers for work performed outside of the school building or facility; and for other purposes.

The following resolution was read and adopted:

SR 22. By Senator Pincher of the 51st:
A resolution commending Senator Edward S. Kendrick and his sons, Gary, David and Danny Kendrick; and for other purposes.

The following bills were introduced, read the first time, and referred to Com mittees:

SB 13. By Senator Loggins of the 53rd:
A bill to add one additional judge of the Superior Court of the Lookout Mountain Judicial Circuit of Georgia; to provide the procedure; and for other purposes.
Referred to Committee on Judiciary.

SB 14. By Senators Brown of the 34th, Coggin of the 35th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th and Salome of the 36th: A bill to amend an act to create the City of Atlanta and Fulton County Recreation Authority, approved March 17, 1960 (Ga. Laws 1960, p. 2810), as amended, so as to provide that successors to certain designated mem bers of said authority shall be appointed by the Commissioners of Roads and Revenue of Fulton County and for other purposes.
Referred to the Committee on County and Municipal Governments.
The following bills and resolution were read the second time.
HB 26. By Messrs. Tucker and Clark of Catoosa: A bill to amend an act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County; and for other purposes.
HB 27. By Messrs. Tucker and Clark of Catoosa: A bill to change the amount of the bond required of the clerk of the Superior Court of Catoosa County and for other purposes.

MONDAY, MAY 25, 1964

237

HB 28. By Messrs. Tucker and Clark of Catoosa:
A bill to change the amount of the bond required of the sheriff of Catoosa County; and for other purposes.

HB 29. By Messrs. Tucker and Clark of Catoosa:
A bill to amend an act incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and aldermen; and for other purposes.

HB 35. By Mr. Milford of Franklin:
A bill to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.

HR 27. By Mr. Mixon of Irwin:
A resolution proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; and for other purposes.

HR 28. By Mr. Rodgers of Charlton:
A resolution proposing an amendment to the Constitution so as to create the Charlton County Development Authority; and for other purposes.

The following local, uncontested bills, favorably reported by the committees, were read the third time, and reported to committees:

HB 21. By Mr. Bowen of Dooly: A bill to amend an act creating a charter for the City of Unadilla, so as to empower governing authorities of mayor and council of Unadilla to close and declare surplus property the platted passageway or alley of and in Block No. 19 delineated in official map of said city appearing on record at clerk's office; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 22. By Mr. Bowen of Dooly:
A bill to amend an act so as to extend the corporate limits of the City of Unadilla so as to include area within its limits certain land nos., so as to provide when the extension shall become effective and operative; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 24. By Mr. Knight of Berrien:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Berrien County, so as to change the compensation of said Board of Commissioners of Roads and Revenues; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill, postponed from May 22nd, was put upon its pass age:

SB 1. By Senators Carlton of the 21st and Webb of the llth and others:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:

MONDAY, MAY 25, 1964

239

By striking the title and first three sentences of Section 34-801 in their entirety and inserting in lieu of such title and sentence the follow ing:
"General Primaries. Whenever a political party, who elected the most members of the General Assembly at the last November election as compared with the number of members of the General Assembly elected by any other political party, shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on the second Wednesday in September in each even-numbered year. Whenever any other political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on the second Wednesday in August in each even-numbered year; provided, however, that with the consent of the party having the most members in the General Assembly, such primary may be held on the second Wednesday in September of such year. Such consent, if given, shall be evidenced by the chairman of the State executive committee filing a written consent with the Secretary of State not earlier than June 1 nor later than June 15 of such year."

On the adoption of the amendment, Senator Carlton of the 21st called for ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Downing Ellis Pincher Fuqua Gayner Gillis Hall

Harrison Heard Holloway Hunt Jackson Johnson of 38th Kendrick Kidd Knox Lee Loggins Moore McKinnon McWhorter

Noble Pelham Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Webb Yancey

Those voting in the negative were Senators:

Gordy Johnson of 42nd Maclntyre

Miller Thomas Tribble

Wesberry Zorn

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JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 41, nays 8, and the amend ment was adopted.

Senator Tribble of the 3rd offered the following amendment:
Amend SB 1 (Com. Sub.) as follows:
By striking- Section 34-801 in its entirety and substituting in lieu thereof the following:
Section 34-801. Whenever any political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on a day to be selected by the state executive committee of such party which shall not be earlier than the 20th day of August nor later than the 20th day of September in each even numbered year. The committee shall select such day during the month of June of such year and shall immediately file written notifi cation of its selection with the Secretary of State. The preceding two sentences shall not apply to a primary held to nominate candidates for membership in the House of Representatives of the General Assembly or county offices, to be filled in the November election of 1964.

On the adoption of the amendment, Senator Carlton of the 21st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Gordy Johnson of 42nd

Maclntyre Thomas

Those voting in the negative were Senators:

Brewer Brown of 34th Byrd Carlton Carter Downing Ellis Fincher

Fuqua Gayner Gillis Hall Harrison Heard Holloway Hunt

Tribble Wesberry
Jackson Johnson of 38th Kendrick Kidd Knox Lee Loggins Moore

McKinnon McWhorter Noble Pelham Phillips Plunkett

MONDAY, MAY 25, 1964

241

Rowan Scott Searcey Smalley Smith Spinks

Webb Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 6, nays 40, and the amend ment was lost.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:
By striking Chapter 34-17 in its entirety and inserting in lieu there of a new Chapter to read as follows:
Chapter 34-17. Contested Primaries and Elections.
Section 34-1701. Definitions. The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly apparent from the context:
(a) The word "contestant" shall mean any person or persons entitled under the provisions of Section 34-1702 to contest the result of any primary or election; and
(b) The word "defendant" shall mean: (i) the person whose nomination or election is contested; (ii) the person or persons whose eligibility to seek any nomination or office in a runoff pri mary or election is contested; or (iii) the public officer who formally declared the number of votes for and against any question sub mitted to electors at an election; as the case may be.
Section 34-1702. Contest authorized; contestant. The nomina tion of any person who is declared nominated at a primary as a candidate for any Federal, State or county office; or the election of any person who is declared elected to any such office (except when otherwise prescribed by the Federal or State Constitution); or the eligibility of any person declared eligible to seek any such nomination or office in a runoff primary or election; or the ap proval or disapproval of any question submitted to electors at an election; may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any five electors who were entitled to vote for such person or for or against such question.

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Section 34-1703. Grounds for contest. A result of a primary or election may be contested on one or more of the following grounds:

(a) Malconduct, fraud or irregularity by any primary or elec tion official or officials sufficient to change or place in doubt the result;

(b) When the defendant is ineligible for the nomination or of fice in dispute;

(c) When illegal votes have been received or legal votes re jected at the polls sufficient to change or place in doubt the result;

(d) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result;

(e) For any other cause which shows that another was the person legally nominated, elected or eligible to compete in a runoff primary or election.

Section 34-1704. Superior court of county of defendant's resi dence to have jurisdiction; presiding judge, (a) A contest case governed by the provisions of this Chapter shall be tried and de termined by the superior court of the county where the defendant shall reside. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a runoff primary or election, shall be tried and determined by the superior court of the county where the defendant who received the
highest number of votes shall reside.

(b) The superior court having jurisdiction of a contest case involving nomination for or election to a Federal, State or county office filled by the vote of electors of the State-at-large or within a single judicial circuit shall be presided over by the senior judge of superior court in time of service in the judicial circuit or circuits adjoining the judicial circuit containing the county in which the contest is instituted. In any other contest case, the superior court having jurisdiction shall be presided over by the judge of superior court who resides nearest the courthouse in which the contest is filed but who resides in a judicial circuit wholly outside of the congressional or senatorial district or other area involved in the contest.

(c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the senior judge described in Subsection (b) above of the institution of proceedings under this Chapter. Such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall receive as expenses the same remuneration that he would receive for serving as judge in a court other than the court of his residence, if presiding in his circuit.

MONDAY, MAY 25, 1964

243

Section 34-1705. Petition; contents; verification; filing; notice; summons; answer; counterclaim; amendment, (a) A petition to con test the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction, within ten days after the official declaration of the result in dispute, and shall allege; (i) the contestant's qualification to institute the contest; (ii) the contestant's desire to contest the result of such primary or election and the name of the nomination, office or question involved in the contest; (iii) the name of the defendant; (iv) the name of each person who was a candidate at such primary or election for such nomination or office in the case of a contest involving same; (v) each ground of contest; (vi) the date of the official declaration of the result in dispute; (vii) the relief sought; and (viii) such other facts as are necessary to provide a full, particular and ex plicit statement of the cause of contest.

(b) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for the contestant to state gen erally that he believes that error was committed in the counting of the votes cast for the filling of the nomination or office in dispute, or for or against the question in dispute, in one or more specified election districts, and it shall not be necessary for the contestant to offer evidence to substantiate such allegation. If a recount of the votes cast in any election district or districts shall change the result in dispute, then any aggrieved litigant may require a recount of the votes affecting such result, which were cast in any other district or districts, by amending his pleadings and requesting such relief.

(c) The petition shall be verified by the affidavit of each con testant. Such affidavit shall be taken and subscribed before some person authorized by law to administer oaths, and shall state that the contestant believes the facts alleged therein are true, that ac cording to the best of his knowledge and belief the contested result of the primary or election is illegal and the return thereof incorrect, and that the petition to contest the same is made in good faith.

(d) A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court, for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which the primary or election is contested.

(e) Upon such petition being filed, the clerk shall issue special process directed to the sheriff of such county, requiring the de fendant and any other person named in such petition as a candidate for such nomination or office, if any, to appear and answer such petition, on a day to be fixed in such notice, not more than ten days nor less than five days after the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant, and any other person named therein, in the same manner as petitions and process are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown the presiding judge shall extend the time therefor, the dedendant shall appear and answer such petition and may set up by

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way of answer of cross action any right of interest he may have or claim in such proceeding. Any other person who was a candidate at such primary or election for the nomination or office involved and upon whom notice was served as aforesaid shall be deemed a litigant to such proceeding and may set up by way of answer or cross action any right of interest he may have or claim therein.

(f) After filing, any petition, counterclaim or answer may be amended with leave of the court so as to include the specification of additional grounds of contest, other relevant facts or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant.

Section 34-1706. Hearing; powers of court, (a) The presiding judge shall fix a place and time, within twenty days after the re turn day fixed in such notice to the defendant, for the hearing of the contest proceeding. Such judge may fix additional hearings at such other times and places as are necessary to promptly decide the contest.
(b) The court, presided over by such judge, shall have plenary power, throughout the area in which the contested primary or elec tion was conducted, to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Code. The court shall have au thority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any person capable of testifying concerning the same, and also to compel the produc tion of evidence which may be required at such hearing, in like manner, and to the same extent as in other civil cases litigated be fore such court; to take testimony and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such contest.

(c) The court may, in its discretion, limit the time to be con sumed in taking testimony, dividing such time equitably among all litigants concerned, with a view therein to the circumstances of the matter and the proximity of the next succeeding primary or elec tion.

Section 34-1707. Jury trial, (a) All issues of a contest shall be fully tried and determined by the court, without the aid or in tervention of a jury, unless a litigant to the contest shall claim a trial by jury, and the court shall determine that it is an issue which, under the laws of this State, the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury trials.

(b) In a case contesting the result of a primary or election held in two or more counties, each issue to be tried by a jury shall be

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tried by a jury impaneled in the county where such issue or a part thereof arose. Such jury shall be impaneled by the superior court of the county in which the jury trial is to be conducted and such trial shall be presided over by the judge as described in Section 34-1704 and such trial shall proceed, in so far as practicable, as though it were being conducted in the county of the superior court having jurisdiction of the contest.

(c) The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its find ings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.

Section 34-1708. Judgment; nomination, election or eligibility declared invalid; second primary or election, (a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a runoff primary or election, that qualified candidate who received the requisite number of votes, and pronounce judgment accordingly, and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was ap proved or disapproved, and the clerk shall certify such determina tion to the defendant.

(b) When a defendant, who has received the requisite number of votes for nomination, election or to compete in a runoff primary or election, is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid as regards such nomination or office, and sha'Jl thereupon call a second primary or election to fill such nomination or office.
(c) If misconduct is complained of on the part of the poll of ficers of any election district, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such district would change such result.
(d) Whenever the court trying a contest shall determine that the primary or election is so defective as to the nomination, office

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or eligibility in contest as to place in doubt the result of the entire primary or election for such nomination, office or eligibility, then such court shall declare the primary or election to be invalid as regards such nomination, office or eligibility, and shall thereupon call a second primary or election to fill such nomination or office.

Section 34-1709. Appellate review. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or Court of Appeals as in other civil cases. The Supreme Court or Court of Appeals shall consider applications for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Senator Downing of the 1st offered the following amendment to the amend ment to the committee substitute to SB 1:
Amend section 34-1704 by adding at the end of the first sentence of (b):
"If the judge of the superior court of the adjoining judicial circuit is disqualified or unable to serve, a judge from another circuit may be appointed as provided by law."
On the adoption of the amendment to the amendment, the ayes were 32, nays 0, and the amendment to the amendment was adopted.
Senator Zorn of the 6th offered the following amendment to the amendment to the Committee substitute to SB 1:
Amend SB 1 (Comm. Sub.) by striking from sub-paragraph (a) of Section 34-1705 of the amendment to Chapter 34-17 the word "ten" and substituting in lieu thereof the word "five".
On the adoption of the amendment to the amendment, the ayes were 32, nays 0, and the amendment to the amendment was adopted.
Senator Gayner of the 5th offered the following amendment to the amend ment to the committee substitute to SB 1:
Amend Chapter 34-17 of SB 1 (Comm. Sub.) by striking from subsection (c) of Section 34-1707 the first sentence thereof and sub stituting in lieu thereof the following:
"In any case where the office or issue coutested shall depend for its result upon the vote in only one county, the court may re-

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quire a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In cases contesting the re sult of a primary or election held in two or more counties, the court shall require each jury impaneled to return only a special verdict in the form of a special written finding upon each issue of fact."
and by striking the phrase "In that event the court may . . ." from the second sentence of said sub-paragraph (c) and substituting in lieu thereof the following:
"In cases where a special verdict is to be rendered, the court shall ..."

On the adoption of the amendment to the amendment, the ayes were 35, nays 0, and the amendment to the amendment was adopted.

On the adoption of the Carlton and Webb amendment to Section 34-1701 through 34-1709, as amended, the ayes were 32, nays 0, and the amendment was adopted as amended.

Senator Carlton of the 21st offered the following amendment:
Amend section 34-1901 of committee substitute to SB 1 by striking the phrase "any false statement made under oath or affirmation or in writing by any person" and inserting in lieu of such phrase the follow ing phrase: "Any person who shall make a false statement under oath or affirmation."

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

Senator Holloway of the 12th offered the following amendment:
Amend SB 1, section 34-1937, by adding between the words "elector" and "using" the words "or member of his family".

On the adoption of the amendment, the president ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Downing Fincher Gayner Gordy

Hall Holloway Jackson Johnson of 42nd Knox Maclntyre Noble Pelham Pennington Plunkett

Rowan Salome Scott Smalley Smith Spinks Webb Yancey Young

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Those voting in the negative were Senators:

Ellis Gillis Harrison Heard

Kidd McKinnon Phillips Thomas

Wesberry Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 29, nays 10, and the amendment was adopted.

Senator Carlton of the 21st moved that further action on SB 1 be postponed until May 26th, and the motion prevailed.

Senator Carlton of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

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249

Senate Chamber, Atlanta, Georgia, Tuesday, May 26, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend J. C. Williamson, field work er, North Georgia Baptist Association, Dalton, Georgia.

Prayer was offered by the Reverend James R. Cauthen, pastor, Rebecca Baptist Church, Rebecca, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

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HB 36. By Been of Bacon:
A bill to abolish the present method of compensating the sheriff of Bacon County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.

HB 42. By Bowen of Toombs:
A bill to amend an act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.

HB 43. By Acree of Towns: A bill to abolish the present mode of compensating the sheriff of Towns County; and for other purposes.
HR 32. By Mesrs. Griffin and Conger of Decatur: A resolution proposing an amendment to the Constitution so as to pro vide for the creation of the Bainbridge-Decatur County Beverage Con trol Board; and for other purposes.
HR 33. By Mr. Vaughn of Rockdale: A resolution proposing an amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County; and for other purposes.
HR 34. By Messrs. Bedgood and Matthews of Clarke: A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the election of the Clarke County Board of Education from election districts within said county; and for other purposes.
HB 17. By Mr. Jones of Worth: A bill to provide a new charter for the City of Sylvester in the County of Worth; and for other purposes.
The House has agreed to the Senate substitute of the following bill of the House:
HB 13. By Bowen of Dooly: A bill so as to extend the corporate limits of the Town of Byromville; and for other purposes.

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251

The following resolutions were read and adopted:

SR 26. By Senators Salome of the 36th, Wesberry of the 37th, Heard of the 29th, Kidd of the 50th, Hunt of the 26th, Knox of the 24th and Brown of the 34th:
A resolution commending Honorable Raymond M. Black of the Atlanta Police Department; and for other purposes.

SR 27. By Senators Wesberry of the 37th, Plunkett of the 30th, Moore of the 31st, Salome of the 36th, Coggin of the 35th, Brown of the 34th, Yancey of the 33rd and Jackson of the 16th:
A resolution commending Senator A. Shaefer Heard of the 29th Sena torial District; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SR 28. By Senators Maclntyre of the 40th, Fincher of the 51st, Moore of the 31st, Webb of the llth, Brewer of the 39th, Gordy of the 37th, Coggin of the 35th, Brown of the 34th and Johnson of the 38th:
A resolution creating an interim committee to study the feasibility and advisability of placing the Southern College of Pharmacy in Atlanta, Georgia, under the jurisdiction of the Board of Regents; and for other purposes.
Referred to Committee on Rules.

HB 17. By Mr. Jones of Worth: A bill to provide a new charter for the City of Sylvester in the County of Worth; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 36. By Mr. Deen of Bacon: A bill to abolish the present method of compensating the sheriff of Bacon County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 42. By Mr. Bowen of Toombs: A bill to amend an act creating a new charter for the City of Vidalia,

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in the County of Toombs, so as to change the corporate limits of said City of Vidalia; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 43. By Mr. Acree of Towns:
A bill to abolish the present mode of compensating the sheriff of Towns County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 32. By Messrs. Griffin and Conger of Decatur:
A resolution proposing an amendment to the Constitution so as to provide for the creating or the Bainbridge-Decatur County Beverage Control Board; and for other purposes.
Referred to Committee on Rules.

HR 33. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County; to provide for their election and terms of office; and for other purposes.
Referred to Committee on Rules.

HR 34. By Messrs. Bedgood and Matthews of Clarke: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.
Referred to Committee on Rules.
The following bills were read the second time:
SB 13. By Senator Logging of the 53rd: A bill to add one additional judge of the Superior Court of the Lookout Mountain Judicial Circuit of Georgia; to provide the procedure; and for other purposes.
SB 14. By Senators Brown of the 34th, Coggin of the 35th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th and Salome of the 36th: A bill to amend an act to create the City of Atlanta and Fulton County

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253

Recreation Authority, approved March 17, 1960 (Ga. Laws 1960, p. 2810), as amended, so as to provide that successors to certain desig nated members of said authority shall be appointed by the Commis sioners of Roads and Revenue of Fulton County; and for other purposes.

The following local, uncontested resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

SR 12. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks out side the limits of any incorporated municipality within the county; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"The governing authority of Cobb County is authorized to ex pend any funds of the county available to them for the purpose of constructing, extending, repairing and maintaining sidewalks out side the limits of any incorporated municipality within the county."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been enetered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the county.
"Against ratification of amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality with in the county."
All persons desiring to vote in favor of adopting the proposed

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amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Carlton Carter Conway Downing Ellis Gayner Gillis Heard Holloway Hunt Jackson

Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre McKinnon Noble Owens Pennington Phillips Rowan

Salome Scott Searcey Smalley Smith Thomas Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 37, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 14. By Messrs. Echols and Caldwell of Upson:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to create a body corporate and politic and an instrumentality

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255

of the State of Georgia to be known as the Thomaston Office Building Authority; to provide the manner in which the name of such Authority may be changed; to authorize the said Authority to acquire, construct, equip, maintain and operate self-liquidating projects embracing build ings and facilities for use by the City of Thomaston, Georgia, for its governmental, proprietary and administrative functions and for use by such other agencies, authorities, departments and political subdivisions of the State of Georgia or of the government of the United States as may contract with the Authority for use of such facilities; to authorize the City of Thomaston, Georgia, to lease or sell lands, buildings or lands and buildings to such Authority; to provide for the appointment of the members of the Authority; to provide for the manner of changing the number of members and the manner of their appointment; to define certain words and terms; to confer powers and impose duties on the Authority; to grant limitations to the Authority; to authorize the Authority and the City of Thomaston, Georgia, and the Authority and other agencies, authorities, departments and political subdivisions of the State of Georgia to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall severally obli gate the respective political subdivisions to make payment for the use of the facilities for the term thereof definite and certain and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Thomaston, Georgia, or of any political subdivision of the State of Georgia, within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia shall be incurred in the exercise of any of the powers granted hereunder; to authorize the issuance of revenue bonds of the Authority payable from the reve nues, rents and earnings or other funds of the Authority; to pay the costs of such projects; to authorize the collection and pledging of such revenues, rentals and earnings for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the adoption of resolutions and the execution of trust indentures to se cure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Authority exempt from tax ation; to provide the right and power for the Authority to condemn property of every kind and character; to authorize the issuance of reve nue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to exempt the property and income of the Au thority from taxation; to provide for the Authority immunity and exemption from liability for torts and negligence; to provide that the property of the Authority shall not be subject to levy and sale except under certain conditions; to provide that this amendment shall be liberally construed; to provide an effective date for this amendment; to provide that no enabling legislation shall be necessary; to define the scope of the Authority's operations; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VII, Section VII, Paragraph I of the Constitution is here by amended by adding at the end thereof the following:

Thomaston Office Building Authority:

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"A. Creation. There is hereby created a body politic to be known as the Thomaston Office Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a pub lic corporation and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.
"B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating self-liquidating projects embracing buildings and facilities for use by the City of Thomaston, Georgia, for its governmental, proprie tary and administrative functions and for the use by such other agencies, authorities, departments and political subdivisions of the State of Georgia or the government of the United States as may contract with the Authority for the use of such facilities. The City of Thomaston, Georgia, is hereby granted the authority to lease or sell lands, buildings or land and buildings now owned by the City of Thomaston, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided that such sales by the City of Thomaston, Georgia, to the Authority shall be for cash, and pro vided that such leases shall not exceed fifty (50) years in duration.

"C. Membership. The Authority shall consist of three members, one of whom shall be the Mayor of the City of Thomaston, Georgia, one of whom shall be a City Councilman of the City Council of the City of Thomaston, Georgia, who shall be selected by the City Council of said City of Thomaston, Georgia, and one of whom shall be a freeholder and qualified registered voter of said City of Thom aston, Georgia, selected by the Mayor and Council of the City of Thomaston, Georgia. The term of office of members of said Au thority, as to the Mayor of the City of Thomaston, shall be for the same term as he is acting in the official capacity as Mayor, the other two members of the Authority shall hold office for a term of one calendar year and until their successors shall be selected and appointed. Any vacancy on the Authority, except the member who shall be the Mayor of the City of Thomaston, may be filled for any unexpired term by the Mayor and Council of the City of Thomaston. Immediately after such appointments, the members of such Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own gov ernment. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the mem-

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bership of the Authority or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.

"D. Definitions. As used herein the following words and terms shall have the following meanings:

"(1) The word 'Authority' shall mean the Thomaston Office Building Authority herein created.

"(2) The words 'City of Thomaston' and 'City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of the 'City of Thomaston'.

"(3) The word 'project' shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities intended for use as courthouse, jail, police station, fire station, administrative offices and other offices and related uses, and all buildings, structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, office, commission or agency of the City of Thomaston in the performance of its governmental, proprietary and administrative functions, or of such buildings and facilities in tended for use by any division, department, institution, agency or political subdivision of the State of Georgia, or the government of the United States.

"(4) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to deter mining the feasibility or practicability of the project, administra tive expense, and such other expenses as may be necessary or inci dent to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemna tion of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing pur poses shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions herein.

"(5) The terms 'revenue bonds' and 'bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. L. 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Au thority the issuance of which are hereinafter specifically provided for herein.

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"(6) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues to be derived by the Authority from rentals of said project or proj ects to the City of Thomaston or agencies, authorities, departments and political subdivisions of the State of Georgia and of the United States will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such projects, projects, or combination of projects.

"E. Powers. The Authority shall have the powers:

"(1) To have a seal and alter the same at pleasure;

"(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

"(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for pub lic use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the Author ity, the Authority being under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired as provided herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance;

"(4) To appoint and select officers, agents and employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation;

"(5) To make contracts and leases and to execute all instru ments necessary or convenient, including contracts for construc tion of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Thomaston and any divisions, departments, institutions, agencies, counties or political subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said City and any division, department, institution, agency or political subdivision of the State of Georgia to enter into lease contracts and related agreements for

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the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution, agency or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such prop erty and the City of Thomaston may enter into lease contracts and related agreements for the use of any structure, building or fa cility or a combination of two or more structures, buildings or fa cilities of the Authority for a term not exceeding fifty years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of main taining, repairing and operating the property furnished by and leased from the Authority;

"(6) To construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;

"(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

"(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

"(9) To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

"(10) To do all things necessary or convenient to carry out the powers expressly given herein.

"P. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and in terest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceed ing the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from their

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date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and condi tions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937, (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those con tained in said Revenue Bond Law and any amendments thereto.

"G. Same; Form; Denominations: Registration; Place of Pay ment. The Authority shall determine the form of the bonds, includ ing any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may . be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest.

"H. Same; Signatures; Seal. In case any officer whose signa ture shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the de livery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and pay ment of such bonds such persons may not have been so authorized or shall not have held such office.

"I. Same; Negotiability; Exemption from Taxation. All reve nue bonds issued under the provisions hereof shall be fully nego tiable for all purposes and shall have and are hereby declared to have all of the qualifications of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.
"J. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority.

"K. Same; Proceeds of Bonds. The proceeds of such bonds

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261

shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authoriz ing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authoriz ing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

"L. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

"M. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
"N. Same; Conditions Precedent to Issuance; Object of Issu ance. Such revenue bonds may be issued without any other pro ceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or re quired herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or ad journed meeting of the Authority by a majority of the quorum as herein provided.
"0. Same; Credit Not Pledged and Debt Not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Thomaston, Georgia, nor of any municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government which may contract with said Authority. No contracts entered into by the Authority with any such municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.

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"P. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the pow ers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the is suance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in viola tion of law, including covenants setting forth the duties of the Authority in relating to the acquisition of property, the construc tion of the project, the maintenance, operation, repair and insur ance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects
employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any deposi tory of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust com pany incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bond holders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

"Q. Same; To Whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as are herein provided and such regulations as may be provided in such resolution or trust indenture.
"R. Same; Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and per-

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263

sonal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular inter vals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any pre mium upon bonds retired by call or purchase as hereinabove pro vided. The use and disposition of such sinking fund shall be sub ject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust in denture, but, except as may otherwise be provided in such resolu tion or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the solution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forth with be cancelled and shall not again be issued.

"S. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons ap pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such reso lution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

"T. Same; Refunding Bonds. The Authority is hereby author ized to provide by resolution for the issue of revenue bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable.

"U. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Upson County, Georgia, and any action pertaining to validation of

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any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdic tion of such actions.
"V. Same; Validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Reve nue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, sub division, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the pay ment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation pro ceedings, contracting with the said Thomaston Office Building Authority.

"W. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"X. Monies Received Considered Trust Funds. All monies re ceived pursuant to the Authority hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided for herein.

"Y. Exemption from Taxation. It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the opera tion and maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority.

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265

"Z. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negli gence as the State of Georgia has and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and em ployees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractural obligation of the Authority.

"AA. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"BB. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwith standing any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
"CC. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

"DD. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Thomaston, Georgia, as the same now or may hereafter exist and within the limits of the area of Upson County, Georgia."

SECTION 2

When the aboved proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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"For ratification of amendment to the Constitution so as to create the Thomaston Office Building Authority and to provide for powers, authority, limitations, funds, purposes and procedures con nected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and validation and the effect thereof.

"Against ratification of amendment to the Constitution so as to create the Thomaston Office Building Authority and to provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issu ance and validation and the effect thereof."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Carlton Carter Conway Downing Ellis Gayner Gillis Heard Holloway Hunt Jackson

Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre McKinnon Noble Owens Pennington Phillips Rowan

Salome Scott Searcey Smalley Smith Thomas Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

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267

On the adoption of the resolution, the ayes were 37, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

The following general bills, postponed from yesterday, was put upon its passage:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

On the adoption of Section 34-1937, Senator Carlton of the 21st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Carlton Coggin Downing Fincher Gillis Heard Holloway Hunt Kendrick

Kidd Knox Lee Loggins Moore McKinnon Noble Owens Pelham Pennington

Those voting in the negative were Senators:

Brewer Brown of 34th Byrd Carter Conway Ellis

Gayner Gordy Hall Johnson of 42nd Johnson of 38th Maclntyre

Rowan Smith Thomas Tribble Webb Yancey Young Zorn
Miller Phillips Salome Searcey Smalley Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of Section 34-1937, the -ayes were 28, nays 18, and the sec tion was adopted.

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Senator Carlton of the 21st moved that further action on SB 1 be postponed until May 27th, and the motion prevailed.

Senator Carlton of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

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269

Senate Chamber, Atlanta, Georgia, Wednesday, May 27, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend James L. Wright, pastor, Welcome Hill Baptist Church, Trion, Georgia.

Prayer was offered by the Reverend Asa Dorsey, pastor, Congregational Holiness Church, Cleveland, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit:

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HB 30. By Messrs. McClelland, Brooks and Etheridge of Pulton and Harris and Mackay of DeKalb:
A bill to amend an act establishing a new Charter for the City of Atlanta, so as to provide compensation to members of the Police Depart ment for uniforms; and for other purposes.

HB 31. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to establish salary and expenses paid to the members of the Board of Aldermen; and for other purposes.

HB 32. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act so as to provide additional pensions for members of police departments in cities having a certain population; and for other purposes.

HB 33. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act providing that cities of a certain population shall furnish pensions to officers and employees of such cities, so as to provide additional benefits; and for other purposes.

HB 34. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities of a certain population, so as to change the provisions as to maximum pension benefits; and for other purposes.

HB 45. By Mr. Meeks of Union:
A bill to abolish the office of County Treasurer of Union County; and for other purposes.

HB 46. By Mr. Warren of Wayne:
A bill to amend an act creating a new charter for the City of Jesup, so as to change the corporate limits; and for other purposes.

HB 44. By Messrs. Duncan and Wiggins of Carroll:
A bill to change the names of certain militia districts located in Carroll County; to provide for the election of a justice of the peace; and for other purposes.

WEDNESDAY, MAY 27, 1964

271

SB 3. By Senator Webb of the llth:
A bill to amend Code Sections 113-103, 113-409 and 113-502; to provide for the number of witnesses required to attest wills and codicils; and for other purposes.

The following bills were introduced, read the first time, and referred to committees:
SB 15. By Senator Harrison of the 48th:
A bill to amend an act providing and establishing a new charter for the City of Winder, approved Aug. 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for reelection to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 30. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to provide compensation to members of the Police Department for uniforms; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 31. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to establish salary and expenses paid to the members of the Board of Aldermen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 32. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act so as to provide additional pensions for members of police departments in cities having a population of 150,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 33. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.

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HB 34. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to change the provisions as to maximum pension benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 44. By Messrs. Duncan and Wiggins of Carroll:
A bill to change the names of certain militia districts located in Carroll County; to provide for the election of a justice of the peace; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 45. By Mr. Meeks of Union:
A bill to abolish the office of County Treasurer in and for the County of Union; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 46. By Mr. Warren of Wayne: A bill to amend an act creating a. new charter for the City of Jesup, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
SR 28. By Senators Maclntyre of the 40th, Fincher of the 51st, Moore of the 31st, Webb of the llth, Brewer of the 39th, Gordy of the 37th, Coggin of the 35th, Brown of the 34th and Johnson of the 38th: A resolution creating an interim committee to study the feasibility and advisability of placing the Southern College of Pharmacy in Atlanta, Georgia, under the jurisdiction of the Board of Regents; and for other purposes.
HB 17. By Mr. Jones of Worth: A bill to provide a new charter for the City of Sylvester in the County of Worth; and for other purposes.
HB 36. By Mr. Deen of Bacon: A bill to abolish the present method of compensating the sheriff of

WEDNESDAY, MAY 27, 1964

273

Bacon County, known as the fee system and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.

HB 42. By Mr. Bowen of Toombs:
A bill to amend an act creating a new charter for the City of Vidalia, in the County of Toombs, so as to change the corporate limits of said City of Vidalia; and for other purposes.

HB 43. By Mr. Acree of Towns:
A bill to abolish the present mode of compensating the sheriff of Towns County, known as the fee system; and for other purposes.

HR 32. By Messrs. Griffin and Conger of Decatur:
A resolution proposing an amendment to the Constitution so as to provide for the creating of the Bainbridge-Decatur County Beverage Control Board; and for other purposes.

HR 33. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County; to provide for their election and terms of office; and for other purposes.

HR 34. By Messrs. Bedgood and Matthews of Clarke:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following Reso lutions of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:

HR 12. Do Pass.

HR 29. Do Pass.

HR 20. Do Pass.

Respectfully submitted,

Rowan of 8th District,

Secretary.

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JOURNAL OF THE SENATE,

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:

Mr. President:

Your Committee on County and Municipal Governments had had under con sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 20. Do Pass. HB 25. Do Pass. HB 26. Do Pass. HB 27. Do Pass. HB 28. Do Pass. HB 29. Do Pass. HB 35. Do Pass, as Amended.
Respectfully submitted,
Brown of 34th District,
Chairman.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary had had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 13. Do Pass. Respectfully submitted,
Smalley of 28th District,
Chairman.

The following general bill, postponed from May 26th, was put upon its passage:
SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th: A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

WEDNESDAY, MAY 27, 1964

275

Senator Smalley of the 28th offered the following amendment:

Amend SB 1, committee substitute, by striking section 34-1938 in its entirety, and by renumbering the succeeding sections accordingly.

On the adoption of the amendment, the president ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gordy Harrison

Heard Hunt Johnson of 42nd Johnson of 38th Kidd Lee Miller McKinnon
McWhorter Noble Oliver Pelham Phillips

Plunkett Rowan Scott Smalley Smith Spinks Thomas Tribble Webb Wesberry Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.

Senator Johnson of the 42nd offered the following amendment:
Amend committee substitute to SB 1 as follows:
By striking from subsection (er) of section 34-2001 the words "In March 1964 (Senate Bill No. 340); and" and inserting in lieu of such words the following words "March 18, 1964 (Ga. Laws, 1964, p. 3141);".

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.

Senator Brown of the 34th offered the following amendment: Amend the Committee substitute to SB 1 as follows:

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By striking from Subsection (es) of Section 34-2001 the words "in March 1964 (SB 351)." and inserting in lieu of such words the following words "March 18, 1964 (Ga. Laws, 1964, p. 3149) ; and".

On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
Senator Brown of the 34th offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:
By adding at the end of Section 34-2001 a new Subsection to read as follows:
(et) A population Act providing that a member of an execu tive committee of any political party or organization which may nominate candidates for political office by primary or otherwise shall be ineligible to hold other public office in or be employed by any county having a population of more than 300,000 according to the last or any future Federal decennial census, or by any political subdivision located therein, or hold office in or be employed by any political subdivision located wholly or partially within such counties, approved February 12, 1952 (Ga. Laws, 1952, p. 2422).
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Carlton of the 21st offered the following amendment:
Amend the Committee Substitute of SB 1 as follows:
By adding at the end of Section 34-2004 a new sentence to read as follows: "Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled 'Chapter 34-18. Congressional Districts', and such Chapter is hereby made a part of this Code and is hereby inserted between Chapters 34-17 and 34-19 of this Code".
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.

Senator Zorn of the 6th offered the following amendment:
Amend committee substitute to SB 1 by adding to Section 34-2005 a paragraph to read as follows:

WEDNESDAY, MAY 27, 1964

277

"Section 34-1307 shall become effective on the effective date of this act".

On the adoption of the amendment, the ayes were 36, nays 1, and the amendment was adopted.

Senator Maclntyre of the 40th offered the following amendment:
Amend SB 1 (Comm. Sub), Section 34-2005 by adding at the end of line 6, after the word Sections the figures "34-801,".

On the adoption of the amendment, Senator Maclntyre of the 40th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Conway Gordy Hunt Johnson of 42nd Johnson of 38th

Kidd Maclntyre Miller Phillips Thomas

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Downing Ellis Fincher Gayner

Gillis Hall Harrison Heard Holloway Lee Loggins Moore McKinnon Noble

Tribble Wesberry Yancey
Pelham Plunkett Rowan Salome Scott Smith Spinks Webb

On the adoption of the amendment, the ayes were 13, nays 28, and the amendment was lost.

Senator Maclntyre of the 40th offered the following amendment:
Amend SB 1, (Comm. Sub.) Section 34-2005 to delete from line three of Committee Substitute the figures "34-1514".

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On the adoption of the amendment, Senator Maclntyre of the 40th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Fincher Gayner Johnson of 38th

Kidd Maclntyre Salome

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Downing Ellis Gillis Gordy

Hall Harrison Heard Hollo way Johnson of 42nd Lee Loggins Miller Moore McKinnon Noble

Thomas Wesberry
Pelhani Phillips Plunkett Rowan Scott Smith Spinks Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 8, nays 32, and the amendment was lost.

Senator Carlton of the 21st offered the following amendment:
Amend B 1, committee substitute, section 34-2005 as follows:
By striking the following from line 6 "34-14", and by adding at the end of line 2 the following "34-14".

On the adoption of the amendment, the ayes were 30, nays 5, and the amendment was adopted.

Senator Wesberry of the 37th offered the following amendment:
Amend SB 1 (Comm. Sub), Section 34-2005 by adding at the end of line 6, after the word "Section" the figures 34-1937.

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279

On the adoption of the amendment, Senator Salome of the 36th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 34th Byrd Coggin Conway Ellis Gayner

Hall Johnson of 42nd Johnson of 38th Maclntyre Miller Moore

Plunkett Salome Thomas Wesberry

Those voting in the negative were Senators:

Brewer Broun of 46th Carlton Carter Fincher Gillis Gordy Harrison

Heard Holloway Hunt Kidd Lee Loggins McKinnon
Noble

Phillips Rowan Scott Smith Spinks Webb Yancey Young

By unanimous consent, vertification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 16, nays 24, and the amendment was lost.

On the adoption of Section 34-2005, as amended, Senator Wesberry of the 37th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd Carlton Coggin Downing Ellis Fincher Gayner

Gillis Hall Heard Holloway Hunt Kendrick Kidd Lee Loggins

Moore McKinnon Noble Rowan Smith Spinks Young

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Those voting in the negative were Senators:

Broun of 46th Carter Conway Gordy Harrison Johnson of 42nd Johnson of 38th

Maclntyre Pelham Phillips Plunkett Salome Scott Smalley

Thomas Tribble Webb Wesberry Yancey

The roll call was verified.

On the adoption of section 34-2005, the ayes were 25, nays 19, and the section was lost.

Senators Carter of the 14th, Smalley of the 28th and Webb of the llth offered the following amendment:
Amend the Committee substitute to SB 1 by striking the figure "34-2006" from the last section of Chapter 34-20 and inserting in lieu of such figure the figure "34-2005".
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

Senator Carlton of the 21st offered the following amendment:
Amend the Committee Substitute to SB 1 as follows:
1. By striking from the title the following words: "to prescribe the procedure for obtaining a recount of the votes cast in primaries and elections;";
2. By striking the words "registration officers" from Subsection (a) of Section 34-202 and inserting in lieu thereof the words "registrars, the deputy registrars";
4. By striking the words "registration officers" from Subsection (h) of Section 34-204 and inserting in lieu thereof the words "registrars, the deputy registrars";
6. By striking the words "voting machine" from Subsection (g) of Section 34-401;
8. By striking the word "military" in the first sentence of Section 34-609 and inserting in lieu thereof the word "absentee";

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281

9. By striking the words "marking or" and "ballot" in Section 34-609 (page 33, 9th line from bottom) ;

10. By striking the word "ten" in Section 34-612 and inserting in lieu thereof the word "then";

11. By striking the words "under such subdivisions" from the first sentence of Section 34-615;

12. By striking the words "next general election" from the first sentence of Section 34-626 and inserting in lieu thereof the words "next November election";

13. By striking from the end of Subsection (a) of Section 34-631 on page 57 the following:

Chief Registrar of

14. By striking the word "county" from Subsection (j) of Section 34-632 and inserting in lieu thereof the word "country";
15. By renumbering Section 34-1332 as Section 34-1312 and in serting such Section between Sections 34-1311 and 34-1313;
16. By renumbering Sections 34-1330 and 34-1331 as Sections 34-1331 and 34-1332, respectively;
17. By renumbering Section 34-633 as Section 34-1330 and inserting such Section between Sections 34-1329 and 34-1331;
18. By renumbering Sections 34-634, 34-635, 34-636 and 34-637 as Sections 34-633, 34-634, 34-635 and 34-636, respectively;
19. By striking the words "election out" in the first sentence of Section 34-702 and inserting in lieu thereof the words "election district out";
21. By striking the word "superintendent" in Section 34-709 and inserting in lieu thereof the word "ordinary";
22. By striking the words "party nomination" in the first sentence of Subsection (a) of Section 34-1003 and inserting in lieu thereof the words "party nomination (filled by primary)";
23. By striking the words "party nomination" in Subsection (b) of Section 34-1003 and inserting in lieu thereof the words "party nomi nation (filled by primary)";

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24. By striking the words "body nomination" in Subsection (c) of Section 34-1003 and inserting in lieu thereof the words "party nomina tion (filled by means other than by primary) or body nomination";

25. By striking the word "body" in the fourth and fifth lines of Subsection (c) of Section 34-1003 and inserting in lieu thereof the words "party or body";

26. By striking the words "in September" in Section 34-1006 and inserting in lieu thereof the words and figures "on August 12 or Sep tember 9,";

27. By striking the word "be" from the third line of Subsection (b) of Section 34-1007 and inserting in lieu thereof the word "by";

28. By striking the word "note" in the third sentence of Section 34-1008 and inserting in lieu thereof the word "vote";

30. By striking the word "or" at the end of the third line of Section 34-1204;

31. By striking the word "and" in the seventh line (last line of page 112) of Section 34-1213;

32. By striking the word "of" in the third line of Subsection (e) of Section 34-1219 and inserting in lieu thereof the word "or";

33. By striking the word "If" in the first line of Subsection (f) of Section 34-1220 and inserting in lieu thereof the word "It";

34. By striking the word "case" in the second line Subsection (h) of Section 34-1220 and inserting in lieu thereof the word "cast";

35. By striking the word "offices" in the last line of Subsection ' (b) of Section 34-1303 and inserting in lieu thereof the word "office";

36. By striking the word "in" in the fourth line of Subsection (b) (v) of Section 34-1309;

37. By striking the following "; challenges" from the title of Section 34-1310;

38. By striking the words "vote of" from the fourteenth line of Subsection (c) of Section 34-1314 (page 140, sixth line) and inserting in lieu thereof the word "vote for";

39. By striking the word "marking" in the second line of Subsection (d) of Section 34-1314 and inserting in lieu thereof the word "mark-

40. By striking the words "in the same manner as decisions con cerning the qualifications of electors, as provided in Section 34-1312"

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283

from Section 34-1323 and inserting in lieu thereof the words "by the assistant managers, and if they shall disagree, the chief manager shall make the decision";

41. By striking the words "tabulating card ballots" from Sub section (i) of Section 34-1328 and inserting in lieu thereof the words "ballot cards";

42. By striking from the second sentence of Section 34-1411 the word "election" and inserting in lieu thereof the words "primary or election";

43. By striking the words "permits' an" from the seventh line of Section 34-1503 and inserting in lieu thereof the words "permits. An";

45. By striking the word "summons" from the title of Section 34-1705 and inserting in lieu thereof the word "special process";

46. By striking the words "special process" from the first sentence of Subsection (e) of Section 34-1705 and inserting in lieu thereof the word "notice, in the form of special process,";

47. By striking the words "answer of cross action" from the third sentence of Subsection (e) of Section 34-1705 and inserting in lieu thereof the words "answer or cross action";

48. By striking the word "counterclaim" from the first sentence of Subsection (f) of Section 34-1705 and inserting in lieu thereof the words "cross action"; and

49. By striking the words "The Supreme Court or Court of Ap peals" from the second sentence of Section 34-1709 and inserting in lieu thereof the words "Such Court".

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

On the adoption of the committee substitute to SB 1, as amended, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th

Byrd Carlton Carter

Coggin Conway Downing

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Ellis Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt Johnson of 42nd Johnson of 38th Kidd

Lee Loggins Miller Moore McKinnon Noble Pelham Pennington Phillips Plunkett Rowan Salome

Scott Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

Voting in the negative was Senator Maclntyre.

On the adoption of the committee substitute, as amended, the ayes were 43, nays 1, and the committee substitute was passed as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended,

On the passage of the bill, the ayes were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following resolution was read and adopted:
SR 29. By Senators Webb of the llth and Carlton of the 21st: A resolution commending the Honorable Paul Rodgers, Assistant Attorney General; and for other purposes.
Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 1.

SB 13. SR 12.

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285

Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 3. Respectfully submitted, Pelham of the 10th District, Chairman.

The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 13. By Senator Loggins of the 53rd: A bill to add one additional judge of the Superior Courts of the Lookout Mountain Judicial Circuit of Georgia; to provide the procedure con nected therewith; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Loggins of the 53rd asked unanimous consent that SB 13 be im mediately transmitted to the House.

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The consent was granted.

Senator Carlton of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

THURSDAY, MAY 28, 1964

287

Senate Chamber, Atlanta, Georgia, Thursday, May 28, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Scripture reading was offered by the Reverend Charles G. Johnson, pastor, Millen Baptist Church, Millen, Georgia.
Prayer was offered by the Reverend George Hulsey, pastor, Cascade Baptist Church, Atlanta, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Gordy of the 15th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House to-wit:

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HR 36. By Mr. Keadle of Lamar:
A resolution proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; and for other purposes.

HR 13. By Mr. Dixon of Ware:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; and for other purposes.

The following resolutions were introduced, read the first time, and referred to committees:
HR 13. By Mr. Dixon of Ware:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; and for other purposes.
Referred to Committee on Rules.

HR 36. By Mr. Keadle of Lamar:
A resolution proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; and for other purposes.
Referred to Committee on Rules.

The following bills were read the second time:

HB 30. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to provide compensation to members of the Police Depart ment for uniforms; and for other purposes.

HB 31. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to establish salary and expenses paid to the members of the Board of Aldermen; and for other purposes.

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289

HB 32. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act so as to provide additional pensions for members of police departments in cities having a population of 150,000 or more; and for other purposes.

HB 33. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.

HB 34. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to change the provisions as to maximum pension benefits; and for other purposes.

HB 44. By Messrs. Duncan and Wiggins of Carroll:
A bill to change the names of certain militia districts located in Carroll County; to provide for the election of a justice of the peace; and for other purposes.

HB 45. By Mr. Meeks of Union:
A bill to abolish the office of County Treasurer in and for the County of Union; and for other purposes.

HR 46. By Mr. Warren of Wayne:
A bill to amend an act creating a new charter for the City of Jesup, so as to change the corporate limits; and for other purposes.

SB 15. By Senator Harrison of the 48th:
A bill to amend an act providing and establishing a new charter for the City of Winder, approved Aug. 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for reelection to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.

The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:

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HB 20. By Mr. Roberts of Jones:
A bill to abolish the present method of compensating the sheriff of Jones County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 26. By Messrs. Tucker and Clark of Catoosa:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Catoosa County, so as to change the amount of the bond required of the said Commissioner of Roads and Revenues of Catoosa County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 27. By Messrs. Tucker and Clark of Catoosa:
A bill to change the amount of bond required of the clerk of the Superior Court of Catoosa County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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291

HB 28. By Messrs. Tucker and Clark of Catoosa:
A bill to change the amount of the bond required of the Sheriff of Catoosa County; and for other purposes.

The regret of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 29. By Messrs. Tucker and Clark of Catoosa:
A bill to amend an act incorporating the Town of Fort Oglethorpe in the counties of Catoosa and Walker, so as to require that all ordinances be read three times before final passage by the mayor and alderman; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 35. By Mr. Milford of Franklin:
A bill to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 35 as follows:
(1) Section 9(a). By adding the word "and" between the words "water" and "gas" and deleting the words "electricity and other public utilities", so that said paragraph shall read as follows:
"(a) Buy and sell water and gas at cost or for a profit, both within and without the territorial boundaries of the city. Erect,

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JOURNAL OP THE SENATE,
establish, and operate all facilities including lines, mains, pipes, machinery, plants, and structures necessary for the maintenance and operation of such utilities, including the repair and replacement of the same."

(2) Section 9 (g). By deleting the words "electric and/or", so that said paragraph shall read as follows:

"(g) Contract with other municipalities and political subdivi sions, and to cooperate with the other municipalities and political subdivisions, in acquiring, establishing, constructing, building, main taining and/or operating such garbage disposal, water, sewerage, gas plants, lines and/or facilities, and streets, sidewalks and parks with and/without the limit of the city, as well as library and other institutions, utilities and/or services, in addition to existing plants, systems, building, facilities, lines and services as the city council may at any time deem for the best interest of said city."

(3) Section 16. By deleting the word "electric" from this section so that said section shall read as follows:

"Utilities--Furnishing services and facilities. The city shall have the power and authority to operate, enlarge, expand, extend, improve, construct, lay, maintain, remove, repair and replace water and natural gas lines, sewer and sanitary systems and facilities, within and without the city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes the city shall have the power of eminent domain which it is hereby au thorized to exercise to acquire by condemnation any lands, ease ments, rights of way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same."

(4) Section 50. By deleting from this section the words "light plants", so that said section shall read as follows:
"Power to condemn land and property for public use. The city shall have the power and authority to condemn under the rules and methods and regulations provided by law, land and property for any public use, to-wit: for streets, alleys, sidewalks, ditches, drainage, public playgrounds, parks, public libraries, waterworks, cemeteries, jails and for any all public uses, when needed."

(5) Section 54. By deleting the words "public utilities of the city, including", so that said section shall read as follows:
"Bond issues authorized for street improvements. The city may, in the manner prescribed by law, provide by ordinance for the is suing of bonds for enlarging or extending the waterworks, sewer age, natural gas, street and/or other public improvements."

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293

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Loggins of the 53rd moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia Friday, May 29, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Wallace Gentry, pastor, Antioch Christian Church, Oconee, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to-wit:
HB 47. By Messrs. Matthews and Newton of Colquitt: A bill to amend the Charter of the City of Moultrie so as to change the

FRIDAY, MAY 29, 1964

295

maximum sentence which may be imposed upon an offender against the penal ordinances of the City as related to monetary sentences; and for other purposes.

HB 49. By Mr. Rhodes of Baker:
A bill to abolish the present mode of compensating the sheriff of Baker County; and for other purposes.

HB 50. By Mr. Paris of Barrow:
A bill to amend an act creating a board of Commissioners of roads and revenues for Barrow County, so as to change the compensation of the members of the board and the clerk; and for other purposes.

HB 51. By Mr. Paris of Barrow:
A bill to abolish the present method of compensating the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system, to provide in lieu thereof annual salaries for such officers; and for other purposes.

HB 53. By Mr. Bagby of Paulding:
A bill to place the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.

HB 54. By Mr. Bagby of Paulding:
A bill to amend an act creating the office of Commissioner of Roads and Revenue of Paulding County, to change the compensation of the com missioner; and for other purposes.

HB 55. By Mr. Bagby of Paulding:
A bill to amend an act creating the office of Tax Commissioner of Paulding County, so as to change the Compensation of the Tax Commis sioner, to provide for a clerk; and for other purposes.

HB 56. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act incorporating the City of Powder Springs, so as to change the corporate limits of the City of Powder Springs; and for other purposes.

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HB 57. By Messrs. Ware and Spikes of Troup:
A bill to amend the City Charter of the City of Hogansville, so as to authorize the Mayor; and Council to levy an additional four mills ad valorem tax for school purposes; and for other purposes.

HB 52. By Mr. Deen of Bacon:
A bill to be entitled an Act to amend the original charter of the City of Alma, so as to extend the City limits of the City of Alma, and for other purposes.

HB 48. By Mr. Smith of Forsyth: A bill to create a board of commissioners of roads and revenues for Forsyth County, Georgia; and for other purposes.
The House has adopted the following resolution of the House to-wit:

HR 55. By Messrs. Clarke of Monroe and House of Bibb:
A resolution relative to the attendance of the National Boy Scouts of America Jamboree by the Central of Georgia Council of the Boy Scouts of America; and for other purposes.

The following bills and resolution were introduced, read the first time, and referred to committee:

HB 47. By Messrs. Matthews and Newton of Colquitt:
A bill to amend the charter of the City of Moultrie, so as to change the maximum sentence which may be imposed upon an offender against the penal ordinances of the city as relates to monetary sentences, as well as imprisonment; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 48. By Mr. Smith of Forsyth:
A bill to create a Board of Commissioners of Roads and Revenues for Forsyth County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 49. By Mr. Rhodes of Baker:
A bill to abolish the present mode of compensating the sheriff of Baker County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

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297

HB 50. By Mr. Paris of Barrow:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Barrow County so as to change the compensation of the members of the boards and the clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 51. By Mr. Paris of Barrow:
A bill to abolish the present method of compensation the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 52. By Mr. Been of Bacon:
A bill to amend the original charter of the City of Alma, so as to extend the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 53. By Mr. Bagby of Paulding:
A bill to place the clerk of the Superior Court, the sheriff, the ordinary and the coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 54. By Mr. Bagby of Paulding:
A bill to amend an act creating the office of Commissioner of Roads and Revenue of Paulding County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 55. By Mr. Bagby of Paulding:
A bill to amend an act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the Tax Com missioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 56. By Messrs. Flournoy, Teague and Wilson of Cobb: A bill to amend an act incorporating the City of Powder Springs, so as

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to change the corporate limits of the City of Powder Springs; and for other purposes.

Referred to Committee on County and Municipal Governments.

HB 57. By Messrs. Ware and Spikes of Troup: A bill to amend the city charter of the City of Hogansville, so as to au thorize the mayor and council to levy an additional four mills and valorem tax for school purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following resolutions were read the second time:

HR 13. By Mr. Dixon of Ware:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; and for other purposes.

HR 36. By Mr. Keadle of Lamar:
A resolution proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; and for other purposes.

The following resolution was read and adopted:

HR 55. By Messrs. Clarke of Monroe and House of Bibb:
A resolution relative to the attendance of the National Boy Scouts of America Jamboree by the Central of Georgia Council of Boy Scouts of America; and for other purposes.

Senator Webb of the llth moved that the Senate do now adjourn until 10:30 o'clock Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock Monday morning.

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299

Senate Chamber, Atlanta, Georgia Monday, June 1, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Hubert Hollis, pastor, Third Baptist Church, Macon, Georgia.

Prayer was offered by the Reverend Gene Brooks, pastor, First Baptist Church, Soperton, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House to-wit:

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HR 48. By Mr. Paris of Barrow:
A resolution proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; and for other purposes.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The following resolution was read and adopted:

SR 31. By Senator Carter of the 14th:
A resolution commending the Plains High School baseball team for winning the State class "C" Baseball Championship; and for other pur poses.

The following resolution was read:

SR 30. By Senator Conway of the 41st:
A resolution requesting the Governor's Commission on Efficiency and Economy in Government to investigate the Stone Mountain Memorial Project; and for other purposes.

Senator Conway of the 41st moved that SR 30 be postponed until June 2nd.

On the motion to postpone, the ayes were 30, nays 0, and the motion prevailed.

The following resolutions were introduced, read the first time, and referred to committees:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.
Referred to Committee of the Whole.

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301

HR 48. By Mr. Paris of Barrow:
A resolution proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; and for other purposes.
Referred to Committee on Rules.

The following bills and resolution were read the second time:

HB 47. By Messrs. Matthews and Newton of Colquitt:
A bill to amend the charter of the City of Moultrie, so as to change the maximum sentence which may be imposed upon an offender against the penal ordinances of the city as relates to monetary sentences, as well as imprisonment; and for other purposes.

HB 48. By Mr. Smith of Forsyth:
A bill to create a Board of Commissioners of Roads and Revenues for Forsyth County; and for other purposes.

HB 49. By Mr. Rhodes of Baker: A bill to abolish the present mode of compensating the sheriff of Baker County, known as the fee system; and for other purposes.
HB 50. By Mr. Paris of Barrow: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Barrow County so as to change the compensation of the members of the board and clerk; and for other purposes.
HB 51. By Mr. Paris of Barrow: A bill to abolish the present method of compensating the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
HB 52. By Mr. Been of Bacon: A bill to amend the original charter of the City of Alma, so as to extend the city limits; and for other purposes.
HB 53. By Mr. Bagby of Paulding: A bill to place the clerk of the Superior Court, the sheriff, the ordinary

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and the coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.

HB 54. By Mr. Bagby of Paulding:
A bill to amend an act creating the office of Commissioner of Roads and Revenue of Paulding County, so as to change the compensation of the Commissioner; and for other purposes.

HB 65. By Mr. Bagby of Paulding:
A bill to amend an act creating the office of Tax Commissioner of Pauld ing County, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 56. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act incorporating the City of Powder Springs, so as to change the corporate limits of the City of Powder Springs; and for other purposes.

HB 57. By Messrs. Ware and Spikes of Troup:
A bill to amend the city charter of the City of Hogansville, so as to authorize the mayor and council to levy an additional four mills ad valorem tax for school purposes; and for other purposes.

Senator Carlton of the 21st asked unanimous consent that Rule 247 of the Senate be suspended.

The consent was granted.

The following resolution was read:

SR 32. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A resolution amending the Rules of the Senate; and for other purposes.

Senator Tribble of the 3rd offered the following amendment: Amend SR 32 by inserting between the words "amend" and "any"

MONDAY, JUNE 1, 1964

303

in the third sentence the words "or adopt". So that this third sentence will then read:

"Only a constitutional majority of the members elected to the Senate shall be required to amend or adopt any paragraph, section or article of such resolution, but a two-thirds vote of the member ship shall be required to adopt the entire resolution."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

On the adoption of the resolution, as amended, the ayes were 41, nays 0, and the resolution was adopted as amended.

Senator Carlton of the 21st moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia, Tuesday, June 2, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend James Crabb, Pastor First Baptist Church, Powder Springs, Georgia.

Prayer was offered by the Reverend Don Praetor, pastor, Southside Meth odist Church, Macon, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Pelham of the 10th reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to-wit:

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305

HB 59. By Mr. Andrews of Stephens:
A bill to amend an act incorporating the City of Toccoa, so as to pro vide for the establishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes.

HB 60. By Mr. Baughman of Early:
A bill creating the office of Tax Commissioner of Early County, and fixing the compensation of said office, so as to increase the compensa tion of the Tax Commissioner of Early County; and for other purposes.

HB 61. By Mr. Meeks of Union:
A bill to amend an act abolishing the offices of Tax Collector and Tax Receiver in Union County, so as to change the salary of the Tax Commissioner of Union County; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House:

HB 35. By Mr. Milford of Franklin: A bill to incorporate and to grant a new charter to the City of Lavonia; and for other purposes.
The following bills were introduced, read the first time, and referred to committees:
HB 59. By Mr. Andrews of Stephens: A bill incorporating the City of Toccoa, so as to provide for the estab lishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 60. By Mr. Baughman of Early: A bill creating the office of Tax Commissioner of Early County, and fixing the compensation of said office, so as to increase the compensa tion of the Tax Commissioner of Early County; and for other pur poses.
Referred to Committee on County and Municipal Governments.

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HB 61. By Mr. Meeks of Union:
A bill to amend an act abolishing the offices of tax collector and tax receiver in Union County, so as to change the salary of the tax com missioner of Union County; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 16. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to repeal conflicting laws; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

HR 48. By Mr. Paris of Barrow:
A resolution proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; and for other purposes.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 14. Do Pass. SB 15. Do Pass. HB 23. Do Pass. HB 30. Do Pass. HB 31. Do Pass. HB 44. Do Pass.
Respectfully submitted,
Brown of 34th District,
Chairman.

TUESDAY, JUNE 2, 1964

307

Senator Carlton of the 21st asked unanimous consent that the Senate resolve itself into a Committee of the Whole for the purpose of considering the follow ing resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The consent was granted.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The president announced that each segment of HR 6 would be considered separately, and that the rules governing the Senate would apply while the Senate is in the Committee of the Whole, except that only a constitutional majority would be required to adopt any part of HR 6.

On the adoption of the preamble to the Constitution, Senator Tribble of the 3rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Downing Ellis Pincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Miller McKinnon McWhorter Noble Oliver

Owens Pelham Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Webb Wesberry Yancey Young Zorn

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Voting in the negative was Senator Tribble.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the preamble, the ayes were 45, nays 1, and the preamble was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking from Article 1, Section 1, Paragraph 1 the word and figure "Paragraph 1" and inserting in lieu thereof the figures "1-101".

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

Senator Salome of the 36th offered the following amendment:
Amend Article 1, Section 1, Paragraph 1 of HR 6. After the words, "Public officers are the trustees and servants of the people, and at all times, amenable to them" add the following:
"No official, officer or employee of the State of Georgia shall grant to any citizen, or be personally granted, any special con sideration, treatment, or advantage beyond that which is available to every other citizen except as set out in this Constitution."

On the adoption of the amendment, Senator Salome of the 36th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 34th Carter Conway Downing Gayner Harrison Heard Holloway

Hunt Johnson of 42nd Kidd Knox Miller McWhorter Oliver Owens

Pelham Plunkett Salome Scott Searcey Tribble
Wesberry

TUESDAY, JUNE 2, 1964

309

Those voting in the negative were Senators:

Brewer Broun of 46th Carlton Coggin Ellis Fincher Gillis Gordy Hall

Jackson Kendrick Lee Loggins McKinnon Noble Pennington Phillips Rowan

Smalley Smith Spinks Webb Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 23, nays 25, and the amendment was lost.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking from Article 1, Section 1, Paragraph 2 the title and inserting in lieu thereof the following: "Equal Protec tion of the Laws".

On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 1 by striking from Article 1, Section 1, Paragraph 3 the title and inserting in lieu thereof the following: "Due Process of Law".

On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 1, Section 1, Paragraph 12 in its entirety and inserting in lieu thereof a new Paragraph 12 to read as follows:
"Paragraph 12. Freedom of Conscience. No law shall be passed respecting an establishment of religion or prohibiting the free exercise thereof. No one shall be molested in person or property

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or prohibited from holding any public office or trust on account of his religious opinions. However, this shall not excuse acts of licentiousness nor justify practice inconsistent with public peace and safety."

On the adoption of the amendment, the ayes were 28, nays 1, and the amendment was adopted.

Senator Conway of the 41st offered the following amendment:
Amend HR 6 by striking Paragraph 13 of Section 1 and substitut ing therefor:
"Paragraph 13. Guarantee of Freedom of Speech and the Public's Right to Know. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being re sponsible for the abuse of that liberty; and the public shall al ways have the right to be informed of the actions of all govern ment agencies and tax-supported bodies."

On the adoption of the amendment, the ayes were 22, nays 11, and the amendment was lost.

Senator Conway of the 41st gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 1, Section 1, Paragraph 13.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 1, Section 1, Paragraph 14 in its entirety and inserting in lieu thereof a new Paragraph 14 to read as follows:
"Paragraph 14. Searches, Seizures and Interceptions. The right of the people to be secure in their persons, communications, houses, places of business, papers and effects, against unreasonable search, seizure or interception shall not be violated, and no warrant for search or seizure, or order for interception, shall issue except upon probable cause, supported by oath or affirmation, that evi dence of crime may be thus obtained, and particularly describing the place to be searched and the persons or things to be seized and identifying the means of communication and the person or persons whose communications are to be intercepted. Evidence obtained in violation of this paragraph shall not be admissable in any court against any person."

TUESDAY, JUNE 2, 1964

311

Senator Johnson of the 42nd asked unanimous consent that consideration of Section 1, paragraph 14, be postponed until June 3rd, 1964.

The consent was granted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 1, Section 1, Paragraph 15 in its entirety and inserting in lieu thereof a new Paragraph 15 to read as follows:
"Paragraph 15. Slavery and Involuntary Servitude. There shall be no slavery within the State of Georgia; nor involuntary servitude except as a punishment for crime after legal conviction thereof."

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 1, Section 1, Paragraph 20 in its entirety and inserting in lieu thereof a new paragraph 20 to read as follows:
"Paragraph 20. Right to Keep and Bear Arms. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne."

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

Senator Tribble of the 3rd offered the following amendment:
Amend HR 6 by adding at the end of Article 1, Section 1, Para graph 20 the following:
"No registration of arms shall be permitted. No fee shall be associated with a permit to bear arms."

On the adoption of the amendment, Senator Tribble of the 3rd called for the ayes and nays, and the call was sustained.

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JOURNAL OF THE SENATE,

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Gordy Kendrick

Pennington Rowan

Thomas Tribble

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Coggin Conway Downing Ellis Gayner Gillis Hall Heard

Holloway Hunt Jackson Johnson of 42nd Kidd Knox Miller Moore McKinnon McWhorter Noble Owens Phillips

Plunkett Salome Scott Searcey Smalley Smith Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 6, nays 37, and the amendment was lost.

Senator Tribble of the 3rd offered the following amendment:
Amend HR 6 by striking Article 1, Section 1, Paragraph 21 in its entirety and inserting in lieu thereof a new Paragraph 21 to read as follows:
"Paragraph 21. Legislative, Judicial, and Executive Powers, Separate. The legislative, judicial and executive powers shall for ever remain separate and distinct, and no person discharging the duties of one shall, at the same time, exercise or willfully sub stantially influence the functions of either of the others, except as otherwise provided in this Constitution."

On the adoption of the amendment, Senator Tribble of the 3rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

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313

Those voting in the affirmative were Senators:

Downing Salome

Scott Tribble

Those voting in the negative were Senators:

Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Ellis Gayner Gillis Gordy Hall

Heard Holloway Hunt Johnson of 42nd Kendrick Knox Moore McKinnon McWhorter Pelham Pennington Phillips

Plunkett Rowan Searcey Smalley Smith Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 4, nays 34, and the amendment was lost.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking from Article 1, Section 1, Paragraph 21 the title and inserting in lieu thereof the following: "Separation of Legislative, Judicial, and Executive Powers".

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

Senator Tribble of the 3rd offered the following amendment:
Amend HR 6 by striking Article 1, Section 1, Paragraph 22 in its entirety and inserting in lieu thereof a new Paragraph 22 to read as follows:
"Paragraph 22. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition. Nothing in this Paragraph shall be con strued to permit such peaceable assembly to infringe any right of another."

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JOURNAL OF THE SENATE,

Senator Rowan of the 8th moved that action on Paragraph 22 be postponed to June 3, 1964.

On the motion to postpone, the ayes were 24, nays 5, and the motion pre vailed.
Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking from Article 1, Section 1, Paragraph 23 the title and inserting in lieu thereof the following: "Protection of Citizens".

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

Senator Smith of the 18th offered the following amendment:
Amend HR 6 by adding to Article 1, Section 1 a new paragraph to be known as Paragraph 24 to read as follows:
"Paragraph 24. Public Meetings. All official actions of the governing authority of any county, municipality or public school system and all boards, bureaus, commissions and agencies of the state government supported wholly or in part by public funds or which expend public funds shall be taken in meetings open and accessible to the people."

On the adoption of the amendment, the ayes were 31, nays 1, and the amendment was adopted.
Senator Conway of the 41st offered the following amendment:
Amend HR 6 by adding at the end of Section 1 a new paragraph to be numbered Paragraph 25 and to read as follows:
"25. Support of American private enterprise system. It shall be the policy of the State of Georgia to support private enterprise and to encourage reputable business firms to operate freely and profitably in the state; the General Assembly shall review all pro posed legislation from the viewpoint of its positive effect on eco nomic development; and in no case shall the General Assembly create agencies to regulate business except where the public health and safety is directly involved and then such regulation shall be the minimum required."

TUESDAY, JUNE 2, 1964

315

Senator Conway of the 41st moved that action on paragraph 25 of Article 1, Section 1, be postponed until June 3, 1964.

On the motion to postpone, the ayes were 22, nays 8, and the motion pre vailed.
Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 1, Section 2, Paragraph 4, which reads as follows:
"Paragraph 4. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be en forced by penal laws.",
in its entirety.
On the adoption of the amendment, Senator Plunkett of the 30th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Carter Coggin Conway Downing

Gayner Kidd McWhorter Pelham

Salome Searcey Smalley

Those voting the negative were Senators:

Brewer Carlton Ellis Fincher Gillis Gordy Hall Heard Holloway Hunt Johnson of 42nd

Kendrick Knox Loggins Miller Moore McKinnon Oliver Pennington Phillips Plunkett Rowan

Scott Smith Thomas Tribble Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 11, nays 31, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment:
Amend HR 6 by striking from Article 1, Section 2, Paragraph 4, the following: "All lotteries, and the ", and inserting in lieu thereof the word "The" so that when so amended Paragraph 4 shall read as follows:
"Paragraph 4. Lotteries. The sale of lottery tickets is hereby prohibited; and this prohibition shall be enforced by penal laws."

On the adoption of the amendment, the ayes were 7, nays 28, and the amend ment was lost.

Senator Kidd of the 25th offered the following amendment:
Amend HR 6 by striking the period at the end of Article 1, Section 2, Paragraph 4, and inserting in lieu thereof the following:
"; provided, however, this prohibition shall not apply to the game of bingo.", so that when so amended Paragraph 4 shall read as follows:
"Paragraph 4. Lotteries. All lotteries and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be en forced by penal laws; provided, however, this prohibition shall not apply to the game of bingo."

On the adoption of the amendment, the ayes were 2, nays 27, and the amendment was lost.
On the adoption of Paragraph 4 of Article 1 of Section 2, Senator Plunkett called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Carlton Downing Ellis

Gillis Hall Heard Holloway

Hunt Johnson of 42nd Kendrick Knox

Loggins Miller Moore McKinnon Pennington Phillips

TUESDAY, JUNE 2, 1964

317

Plunkett Rowan Salome Scott Thomas Tribble

Webb Wesberry Yancey Young Zorn

Those voting in the negative were Senators:

Carter Coggin Conway Gayner

Kidd McWhorter Oliver Pelham

Searcey Smalley Smith

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 29, nays 11, and the para graph was adopted.

Senator Smalley of the 28th offered the following amendment: Amend HR 6 by striking Article 1, Section 2, Paragraph 5, which
reads as follows:
"Paragraph 5. Fraud; Concealment of Property. The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.", in its entirety.
On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.
Senator Carlton of the 21st asked unanimous consent that the Committee of the Whole be dissolved, and that the Senate resume the regular order of business.
The consent was granted.
The following resolution was read:

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SR 30. By Senators Conway of the 41st and Pennington of the 45th:
A resolution requesting the Governor's Commission on Efficiency and Economy in Government to investigate the Stone Mountain Memorial Project; and for other purposes.

Senator Conway of the 41st offered the following substitute:

By Senators Conway of the 41st and Pennington of the 45th:
A RESOLUTION
WHEREAS, the Stone Mountain Memorial project is vitally im portant to the development of tourism in the State and promises to con tribute greatly to Georgia's economy; and
WHEREAS, the State has invested large sums of money in im provements at Stone Mountain; and
WHEREAS, there have recently been published reports of financial irregularities in the administration of the park;
THEREFORE BE IT RESOLVED THAT THE SENATE request the Governor's Commission on Efficiency and Economy in Government to investigate this situation and recommend proper action at the earliest possible moment, using funds previously allocated to the Commission for investigative purposes;
BE IT FURTHER RESOLVED that the Criminal Division of the State Law Department be requested to immediately conduct an investi gation to determine if there has been any violation of the laws of this State and report same to proper authorities;
BE IT FURTHER RESOLVED that prior to the next regular ses sion of the General Assembly the findings of the above-mentioned in vestigations will be provided by appropriate committees of the Senate and House and corrective legislation, if required, will be prepared for introduction.

Senator Kidd of the 25th moved that action on the substitute to SR 30 be postponed until June 3, 1964.

On the motion to postpone, the ayes were 23, nays 8, and the motion prevailed.

Senator Carlton of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until tomorrow morning at 10:00 o'clock.

WEDNESDAY, JUNE 3, 1964

319

Senate Chamber, Atlanta, Georgia, Wednesday, June 3, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend F. L. Shoenberger, pastor, Bethel Methodist Church, Atlanta, Georgia.

Prayer was offered by the Reverend Weyman Cleveland, pastor, St. Lukes Methodist Church, Columbus, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Gayner Gillis Gordy Hall Harrison Heard

Holloway Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Moore McKinnon McWhorter Noble Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.

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JOURNAL OF THE SENATE,

2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House to-wit:

HR 49. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to the Constitution, so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers of which the General Assembly may confer upon said Rockdale County-Conyers Water Authority; and for other purposes.

The following resolution was introduced, read the first time, and referred to committee:

HR 49. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to Article VII, Section VI, Para graph I of the Constitution, which authorized the General Assembly to create the Rockdale County-Conyers Water Authority, so as to re-create the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Au thority; and for other purposes.
Referred to Committee on Rules.

The following bills were read the second time:

HB 59. By Mr. Andrews of Stephens: A bill incorporating the City of Toccoa, so as to provide for the estab-

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321

lishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes.

HB 60. By Mr. Baughman of Early:
A bill creating the office of Tax Commissioner of Early County, and fixing the compensation of said office, so as to increase the compensa tion of the Tax Commissioner of Early County; and for other purposes.

HB 61. By Mr. Meeks of Union:
A bill to amend an act abolishing the offices of tax collector and tax receiver in Union County, so as to change the salary of the tax com missioner of Union County; and for other purposes.

SB 16. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to repeal conflicting laws; and for other pur poses.

Mr. Brown of the 34th District Chairman of the Committee on County and Municipal Governments submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 16. Do Pass. HB 14. Do Pass by Substitute. HB 36. Do Pass. HB 46. Do Pass. HB 47. Do Pass. HB 48. Do Pass as Amended. HB 52. Do Pass. HB 53. Do Pass. HB 54. Do Pass. HB 55. Do Pass. HB 56. Do Pass. HB 57. Do Pass.

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HB 59. Do Pass. HB 49. Do Pass.

Respectfully submitted Brown of 34th district, Chairman.

Mr. Rowan of the 8th District Secretary of the Committee on Rules sub mitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following resolu tions of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 13. Do Pass.

HR 27. Do Pass.

HR 32. Do Pass.

HR 36. Do Pass. HR 49. Do Pass.

Respectfully submitted

Rowan of 8th district,

Secretary

The following resolution, postponed from yesterday, was taken up for con sideration:

SR 30. By Senator Conway of the 41st:
A resolution requesting the Governor's Commission on Efficiency and Economy in Government to investigate the Stone Mountain Memorial Project; and for other purposes.

Senators Conway of the 41st and Pennington of the 45th offered the following substitute:
A RESOLUTION
Creating an Interim Committee to study and investigate the Stone Mountain Memorial Association and the Stone Mountain Project; and for other purposes.

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323

WHEREAS, the Stone Mountain Project is vitally important to the development of tourism in the State and promises to contribute greatly to Georgia's economy; and

WHEREAS, the State has invested large sums of money in improve ments at Stone Mountain; and

WHEREAS, there have recently been published reports of financial irregularities in the administration of the park;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there be created an Interim Committee to consist of five (5) members of the Senate who shall be named by the President and that such Com mittee shall make a comprehensive inquiry into the Stone Mountain Memorial Association and the Stone Mountain Project and report its findings to appropriate authorities at the earliest possible time.

BE IT FURTHER RESOLVED that said Committee shall utilize the services of the Governor's Commission on Efficiency and Economy in Government to the maximum extent possible in studying the financial management and affairs of the Stone Mountain Memorial Association; that said Committee shall also utilize the services of the State Law Department to determine whether there has been any violation of State laws, and that the said Committee may call upon other agencies of the State which might properly assist with various aspects of the investiga tion.

BE IT FURTHER RESOLVED that the Committee created by this Resolution shall receive the compensation per diem, expenses and allow ances authorized for members of interim legislative committees. The funds necessary to carry out the purposes, powers and authority of this Resolution shall come from funds appropriated to or available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its investigation, recommendations and studies as set forth in this Resolution to the Senate at the 1965 Session of the General As sembly of Georgia on or before January 11, 1965, and said Committee shall stand abolished as of that date.

Senators Rowan of the 8th and Gillis of the 20th offered the following amendment to the substitute:
Amend Substitute to SR 30 as follows:
By striking the word "shall" as it appears in two places in the sixth paragraph, and inserting in lieu thereof the word "may".
By striking the last paragraph in its entirety and inserting in lieu thereof a new paragraph to read as follows:

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"BE IT FURTHER RESOLVED that the Committee shall make a report of its investigation, recommendations and studies as set forth in this Resolution to the Senate at the earliest time practi cable, in no case later than at the 1965 Session of the General As sembly of Georgia on or before January 11, 1965, and said Commit tee shall stand abolished as of that date."

On the adoption of the amendment to the substitute, the ayes were 38, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 42, nays 0, and the substitute was adopted as amended.

On the adoption of the resolution, the ayes were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute as amended.

The following resolutions were read and adopted:

SR 33. By Senator Gordy of the 15th:
A resolution commending the Baker High School track team; and for other purposes.

SR 34. By Senators Hunt of the 26th and Maclntyre of the 40th:
A resolution commending the Honorable J. Taylor Phillips; and for other purposes.

The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:

HB 48. By Mr. Smith of Forsyth: A bill to create a Board of Commissioners of Roads and Revenues for Forsyth County; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:

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325

Amend HB 48. by adding a period after the word "thereof" on the ninth line of Section 5, and by striking in its entirety the following words: "by way of malfeasance in office or any tort or wrong committed under color of office, as well as neglect of duties."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 14. By Senators Brown of the 34th, Coggin of the 35th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th and Salome of the 36th:
A bill to amend an Act to create the City of Atlanta and Fulton County Recreation Authority approved March 17, 1960 (Ga. Laws 1960, p. 2810), as amended so as to provide that successors to certain designated members of said Authority shall be appointed by the Commissioners of Roads and Revenue of Fulton County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 15. By Senator Harrison of the 48th:
A bill to amend an Act providing and establishing a new charter for the City of Winder, approved Aug. 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for reelection to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 23. By Mr. Byrd of Walton: A bill to abolish the present mode of compensating the Sheriff of Walton County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb: A bill to amend, consolidate, revise and supersede an Act incorporating the town of Elizabeth; to create a new charter for said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 80. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an Act establishing a new charter for the City of Atlanta so as to provide compensation to members of the Police Department for uniforms; and for other purposes.

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327

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 31. By Messrs. McClelland, Brooks and Etheridge of Pulton: A bill to amend an Act establishing a new charter for the City of At lanta, so as to establish salary and expenses paid to the members of the Board of Aldermen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 36. By Mr. Deen of Bacon: A bill to abolish the present method of compensating the sheriff of Bacon County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 44. By Messrs. Duncan and Wiggins of Carroll: A bill to change the names of certain militia districts located in Carroll County; to provide for the election of a justice of the peace; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 46. By Mr. Warren of Wayne:
A bill to amend an Act creating a new charter for the City of Jesup, so as to change the corporate limits; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 47. By Messrs. Matthews and Newton of Colquitt:
A bill to amend the charter of the City of Moultrie, so as to change the maximum sentence which may be imposed upon an offender against the penal ordinances of the City as relates to monetary sentences, as well as imprisonment; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 49. By Mr. Rhodes of Baker: A bill to abolish the present mode of compensating the sheriff of Baker County, known as the fee system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

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329

The bill, having received the requisite constitutional majority, was passed.

HB 52. By Mr. Deen of Bacon:
A bill to amend the original charter of the City of Alma, so as to extend the city limits; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 53. By Mr. Bagby of Paulding:
A bill to place the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 54. By Mr. Bagby of Paulding:
A bill to amend an Act creating the office of Commissioner of Roads and Revenue of Paulding County, so as to change the compensation of the Commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 55. By Mr. Bagby of Paulding:
A bill to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the Tax Com missioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 56. By Messrs. Flournoy, Teague and Wilson of Cobb: A bill to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits of the City of Powder Springs; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 57. By Messrs. Ware and Spikes of Troup: A bill to amend the City Charter of the City of Hogansville, so as to authorize the Mayor and Council to levy an additional four mills ad valorem tax for school purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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331

HR 20. By Messrs. Wilson, Flournoy, and Teague of Cobb:

A RESOLUTION

Proposing an amendment to the constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb Coutny, without the approval of the voters of Cobb Coun ty; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Section I of Article XI of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"No territory located within the boundaries of Cobb County shall be incorporated within the limits of any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of a majority of the qualified voters of Cobb County voting in an election held on that question."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County.

"Against ratification of amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir-

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ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Byrd Carter Downing Ellis Fuqua Gayner Gordy Heard Holloway

Kidd Knox Oliver Pelham Phillips Plunkett Rowan Scott Searcey Smalley

Smith Spinks Thomas Tribble Webb Yancey Young Zorn

Those voting in the negative were Senators:

Brewer Brown of 34th Gillis Hall

Harrison Johnson of 42nd Lee Loggins

Maclntyre Noble Salome Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 28, nays 12.

The resolution, having failed to receive the requisite constitutional two-thirds majority, was lost.
Senator Yancey of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on HR 20.

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333

Senator Carlton of the 21st asked unanimous consent that the Senate resolve itself into a Committee of the Whole for the purpose of considering the following resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution proposing a revised Constitution of Georgia; and for other purposes.
The consent was granted.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Conway of the 41st moved that the Committee reconsider its action on his amendment to Article 1, Section 1, Paragraph 13 on June 2, 1964, and the motion prevailed.

On the adoption of the amendment, Senator Conway of the 41st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Coggin Conway Downing Gayner Gordy Holloway Jackson

Johnson of 42nd Kendrick Kidd Lee Maclntyre Owens Pelham Pennington Phillips

Those voting in the negative were Senators:

Brewer Carlton Carter Gillis Hall Harrison

Heard Knox Loggins McKinnon McWhorter Noble

Plunkett Salome Searcey Smalley Smith Tribble Wesberry Young
Rowan Spinks Webb Yancey Zorn

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JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 26, nays 17, and the amendment was lost.

Senator Johnson of the 42nd offered the following amendment, postponed from June 2nd, 1964:
Amend HR 6 by striking Article 1, Section 1, Paragraph 14 in its entirety and inserting in lieu thereof a new Paragraph 14 to read as fol lows:
"Paragraph 14. Searches, Seizures and Interceptions. The right of the people to be secure in their persons, communications, houses, places of business, papers and affects, against unreasonable search, seizure or interception shall not be violated. No warrant for search or seizure shall issue except upon probable cause, supported by oath or affirmation, that evidence of crime may be thus obtained, and particularly describing the place to be searched and the persons or things to be seized; no order shall issue authorizing the interception of communications except in the manner provided by the General Assembly. Evidence obtained in violation of this paragraph shall not be admissible in any court against any person."
Senator Webb of the llth asked unanimous consent that action on the amend ment be postponed until June 4, 1964.
The consent was granted.
Senator Tribble of the 3rd offered the following amendment to Article 1, Section 1, Paragraph 2:
Amend HR 6 by striking Article 1, Section 1, Paragraph 22 in its entirety and inserting in lieu thereof a new Paragraph 22 to read as follows:
"Paragraph 22. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition. Nothing in this Paragraph shall be construed to permit such peaceable assembly to infringe any right of another."
On the adoption of the amendment, Senator Tribble of the 3rd called for the ayes and nays, and the call was sustained.

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335

A roll call was ordered, and the vote was as follows:

Voting in the affirmative was Senator Tribble.

Those voting in the negative were Senators:

Brewer Brown of 34th Byrd Carl ton Carter Coggin Conway Downing Ellis Gayner Gillis Gordy Hall Harrison

Heard Holloway Jackson Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Moore McKinnon Noble Owens Pennington

Phillips Plunkett Rowan Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 1, nays 40, and the amend ment was lost.

Senator Johnson of the 42nd offered the following amendment:
Amend HE 6 by striking Article 1, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Private Ways Over Property of Another; Tak ing Private Property for Public Use.
"(a) The General Assembly may by law provide for obtaining, in cases of necessity, the grant of a private way over the property of another upon just compensation first being paid therefor.
"(b) Private property shall not be taken, or damaged, for public purposes without just and adequate compensation being paid there for as provided by law."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

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JOURNAL OF THE SENATE,

Senator Johnson of the 42nd offered the following amendment:

Amend HR 6 by striking Article 1, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Bills of Attainder; Ex Post Facto and Retroac tive Laws; Laws Impairing Obligation of Contracts. No bill of at tainder, ex post facto law, retroactive law injuriously affecting vested private rights, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities shall be passed."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

Senator Webb of the llth asked unanimous consent that the Senate defer action on Article 1, Section 4, until they reach Article 2, Section 8.

The consent was granted.

Senator Plunkett of the 30th offered the following amendment:
Amend HR 6 by striking Article 2, Section 2, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Number and Apportionment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from each district by the electors thereof. The General As sembly shall have authority to rearrange and change senatorial districts. The apportionment of the Senate shall be reasonably based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.
Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 2, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Qualifications of Senators; Term. At the time

WEDNESDAY, JUNE 3, 1964

337

of election a Senator must be a citizen of the United States at least twenty-five years of age and must have been a citizen of this State for at least four years and a resident of the territory within the district from which elected for at least one year. Members of the Senate shall be elected for a term of four years and serve until the convocation of the General Assembly in the year following the fourth year of such term. The first regular election for members of the Senate under this Constitution shall be the general election of 1966."

On the adoption of the amendment, the ayes were 33, nays 1, and the amend ment was adopted.

Senator Wesberry of the 37th asked unanimous consent that he be recorded as voting "NO" on Article 2, Section 3, Paragraph 1.

The consent was granted.

Senator Johnson of the 42nd offered the following amendment:
Amend HB 6 by striking Article 2, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph to read as follows:
"Paragraph 2. Qualifications of Representatives; Term. At the time of election a Representative must be a citizen of the United State at least twenty-one years of age, and must have been a citizen of this State for at least two years and a resident of the county from which elected for at least one year. Members of the House shall be elected for a term of two years and serve until the convoca tion of the General Assembly in the year following the second year of such term. The first regular election for members of the House under this Constitution shall be the general election of 1966."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

On the adoption of Article 2, Section 4, the ayes were 27, nays 15, and the committee did not adopt the section.

Senator Webb of the llth gave notice that at the propert time he would move that the Committee reconsider its action on the adoption of Article 2, Section 4.

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JOURNAL OF THE SENATE,

Senator Johnson of the 42nd offered the following amendment:

Amend HR 6 by striking Article 2, Section 5, Paragraphs 1, 2 and 3 in their entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Seating and Oath of Members. Each house shall be the sole judge of the election, returns and qualifications of its members. Each member of the General Assembly before taking his seat shall take such oath or affirmation as shall be prescribed by law."

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.
Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house the General As sembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggreagate in odd-numbered years or for longer than forty days in the aggregate in evennumbered years. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is completed."

On the adoption of the amendment, the ayes were 37, nays 4, and the amend ment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend HR 6 by renumbering Paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Article 2, Section 5 as Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, respectively.
By inserting between Paragraph 4 and Paragraph 6 of Article 2, Section 5 a new Paragraph 5 to read as follows:
"Paragraph 5. Pending Business Continued; When. All business

WEDNESDAY, JUNE 3, 1964

339

pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same Gen eral Assembly, as if there had been no adjournment."

On the adoption of the amendment, the ayes were 24, nays 7, and the amend ment was lost.

Senator Kidd of the 25th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 2, Section 5.

Senator Yancey of the 33rd offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:
"Paragraph 7. Eligibility; Appointments Forbidden. No per son on active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office hav ing any emolument or compensation annexed thereto, under the United States, this State or any other State, except members of the militia, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house. No Sen ator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term."
Senator Smith of the 18th moved that action on Article 2, Section 5, Para graph 7 be deferred until June 4, 1964, and the motion prevailed.
Senator Smith of the 18th offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraphs 8 and 9 in their entirety and inserting in lieu thereof a new Paragraph 8 to read as follows:
"Paragraph 8. Removal from District or County. The seat of a member of the General Assembly shall be vacant upon his chang ing his legal residence from the district, in the case of a Senator, or county, in the case of a Representative, from which he was elected. However, no reapportionment of the Senate or the House shall affect the seat of any incumbent during the term for which he has been elected."

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraph 10 in its entirety and inserting in lieu thereof a new Paragraph 10 to read as follows:
"Paragraph 10. Compensation. Members of the General Assem bly shall receive such compensation and allowances as may be pre scribed by law."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraph 11 in its entirety.
Senator Johnson of the 42nd asked unanimous consent that the Committee defer action on the amendment to Article 2, Section 5, Paragraph 11 until June 4, 1964.
The consent was granted.
Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraph 12 in its entirety and inserting in lieu thereof a new Paragraph 12 to read as follows:
"Paragraph 12. Disorderly Behavior or Conduct; Punishment. Each house shall have power, upon the affirmative vote of twothirds of its members, to punish a member for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraph 13 in its entirety and substituting a new paragraph to read as follows:

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341

"Paragraph 13. Contempt. Each house may provide by its rules for the punishment of persons guilty of contempt thereof."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

Senator Johnson of the 42nd offered the following amendment:
Amend HE 6 by striking Article 2, Section 6, Paragraph 1 in its entirety and substituting a new paragraph to read as follows: follows:
"Paragraph 1. Impeachment Charges. The House of Represen tatives shall have the sole power to vote impeachment charges against any person who shall be in office."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

Senator Ellis of the 44th offered the following amendment:
Amend HR 6 by striking the title of Article 2, Section 6, Paragraph 2 and inserting in lieu thereof a new title, "Trial of Impeachments."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 2, Section 7, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not repugnant to the Con stitution of the United States. Where this Constitution merely af firms the power of the General Assembly, further provisions as to the exercises of such power, unless the contrary plainly appears, shall be construed as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its organiza tion and proceedings."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

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Senator Phillips of the 27th offered the following amendment:

Amend HR 6 by striking Article 2, Section 7, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Bills to be Read. Every bill and every resolu tion intended to have the effect of law shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insurrection; but the first and second readings may consist of the reading of the title only."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by striking Article 2, Section 7, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Roll Call Votes. Whenever this Constitution re quires a vote of two-thirds of either or both houses for the passage of a bill or resolution, a roll call vote shall be taken. At the desire of one-fifth of the members present roll call votes on any question shall be taken. Every roll call vote taken shall be entered on the journal of the respective house."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senator Ellis of the 44th offered the following amendment:
Amend HR 6 by striking Article 2, Section 7, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publica tion of the laws passed at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the official records of the proceed ings of each house."

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

WEDNESDAY, JUNE 3, 1964

343

Senator Gayner of the 5th offered the following amendment:

Amend HR 6 by striking Article 2, Section 7, Paragraph 5 in its entirety.

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by striking the title of Article 2, Section 7, Paragraph 6 and inserting in lieu thereof a new title, "Majority Required to Pass Bills."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 2, Section 7, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:
"Paragraph 7. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Representa tives or the person authorized to act during their absence or disabil ity by rules of their respective house."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

Senator Ellis of the 44th offered the following amendment:
Amend HR 6 by striking Article 2, Section 7, Paragraph 8 in its entirety and inserting in lieu thereof a new Paragraph 8 to read as follows:
"Paragraph 8. Rejected Bills. Any bill, or any resolution in tended to have the effect of law, which shall have been rejected by either house, shall not be again proposed in the same or similar form during the same session at which it was rejected without the con currence of two-thirds of the membership of the house by which the same was rejected."

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On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

Senator Conway of the 41st offered the following amendment:
Amend HR 6 by renumbering Paragraphs 1 through 14 of Article 2, Section 8 as Paragraphs 2 through 15, respectively; and
By adding to Section 8 a new Paragraph 1 to read as follows:
"Paragraph 1. Permanent Laws. Bills proposing permanent laws may be introduced in either house of the General Assembly. After receiving a two-thirds majority in each house, such acts shall become effective, subject to the provisions of Article 4, Section 2, Paragraph 9, as a part of the permanent statutory law of this State. Thereafter, such laws may not be amended or repealed during a period of four years following their effective date unless approved by the people in the next general election following the enactment, in the same manner as provided above, of an act amending or repeal ing such laws."

Senator Conway of the 41st asked unanimous consent that the Committee postpone action on the amendment to Article 2, Section 8, Paragraphs 1 through 14 until June 8, 1964.
The consent was granted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by adding a new Paragraph to Article 2, Section 8 to be known as Paragraph 1 to read as follows:
"Paragraph 1. Acts Void. Legislative acts in violation of this Constitution or of the Constitution of the United States are void, and the courts shall so declare them."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by renumbering present Article 2, Section 8, Para graph 1 as Paragraph 2.

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345

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking from Article 2, Section 8, Paragraph 2 the title, and inserting in lieu thereof a new title, "Amendment of Statutes and Sections of Code."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by renumbering Article 2, Section 8, Paragraph 2 as Paragraph 3.

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senator Ellis of the 44th offered the following amendment:
Amend HR 6 by striking Article 2, Section 8, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows :
"Paragraph 3. Notice of Intention to Introduce Local Legisla tion. No local or special bill shall be passed unless notice of the in tention to introduce same and a concise statement of the substance thereof has been published, in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice accompained by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of publica tion."
Senator Brown of the 34th asked unanimous consent that action on the amend ment to Article 2, Section 8, Paragraph 3, be postponed until June 4, 1964.
The consent was granted.

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Senator Carlton of the 21st asked unanimous consent that the Committee of the Whole be dissolved and that the Senate resume the regular order of business.

The consent was granted.

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o"clock tomorrow morning.

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347

Senate Chamber, Atlanta, Georgia, Thursday, June 4, 1964

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Bill Lacey, pastor First Baptist Church, Hapeville, Georgia.

The roll was called, and the following senators answered to their names

Brewer Broun, of 46th Brown, of 34th Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy Hall Harrison Heard Holloway

Hunt Jackson Johnson, of 42nd Johnson, of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Oliver Owens Pelham

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

Senator Gordy of the 15th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions.

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6. Third reading and consideration of general bills and resolutions.

The consent was granted.

Senator Yancey of the 33rd moved that the Senate reconsider its action of yesterday on the following resolution of the House:

HR 20. By Messrs. Wilson, Flournoy and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality without the approval of the voters; and for other purposes.

On the motion to reconsider, the ayes were 28, nays 0, and the motion pre vailed.

The following resolution was read and adopted:

SR 35. By Senator Carter of the 14th:
A resolution expressing appreciation to the faculty and staff of the Georgia Institute of Technology; and for other purposes.

SR 36. By Senator Kidd of the 25th:
A resolution commending Honorable William Earl Ireland; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 63. By Mr. Tucker of Henry:
A bill to amend an act placing the sheriff, the clerk of the superior court, and the ordinary of Henry County on a salary basis in lieu of a fee system; and for other purposes.

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349

HB 65. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.

HR 57. By Parker of Screven:
A resolution proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; and for other purposes.

The following bills and resolution were introduced, read the first time, and referred to committees:

HB 63. By Mr. Tucker of Henry:
A bill to amend an act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on a salary basis in lieu of a fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 65. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 57. By Mr. Parker of Screven:
A resolution proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County; and for other purposes.
Referred to Committee on Rules.

The following resolution was read the second time:

HR 49. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to Article VII, Section VI, Para graph I of the Constitution, which authorized the General Assembly to

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create the Rockdale County-Conyers Water Authority, so as to re-create the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Au thority; and for other purposes.

The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage:

HR 12. By Mr. Kelly of Jasper:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"When selecting the members of the County Board of Education of Jasper County, the Grand Jury of such County may select such members without regard to Militia District lines and any number of members of said Board may reside in the same Militia District."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide that any number of members of the County Board of Educa tion of Jasper County may reside in the same Militia District.
"Against ratification of amendment to the Constitution so as to

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351

provide that any number of members of the County Board of Educa tion of Jasper County may reside in the same Militia District."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun, of 46th Brown, of 34th Carlton Carter Coggin Conway Downing Ellis Gillis Gordy Hall Harrison Heard

Hunt Jackson Johnson, of 42nd Kendrick Kidd Knox Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Phillips

Plunkett Rowan Salome Scott Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

Voting in the negative was Senator Smalley.

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 1.
The resolution, having received the requisite constitutional two-thirds major ity, was adopted.

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HR 13. By Mr. Dixon of Ware:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

A resolution proposing an amendment to the Constitution relative to the election of members of the Board of Education of Ware County by the people and for the appointment of the County School Superinten dent of Ware County by the Board, designated as Resolution Act No. 140 and found in Georgia Laws 1946, is hereby repealed in its entirety.

SECTION 2

Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"The Board of Education of Ware County shall be composed of one member from the county at large and one member from each of the four Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county with the exception of those voters residing in the corporate limits of the City of Waycross. For the purpose of electing the members of the Board of Education of Ware County, Ware County is hereby divided into four Education Districts. Education District No. 1 shall be composed of all that territory contained in the Wacona Elementary School Dis trict. Education District No. 2 shall be composed of all that territory contained in the Emerson Park and Memorial Drive School District. Education District No. 3 shall be composed of all that territory con tained in the Waresboro and Pinecrest School District. Education District No. 4 shall be composed of all that territory contained in the Millwood and Manor School Districts.

"At the General Election in November of 1966, the five members of the Board shall be elected for terms as hereinafter provided. The members elected from the county at large and from Education Dis tricts Nos. 1 and 2 shall be elected for terms of four years and until their successors are elected and qualified. The members elected from Education Districts Nos. 3 and 4 shall be elected for terms of two years and until their successors are elected and qualified. All such members shall take office January 1, 1967. Thereafter, all members shall be elected for terms of four years and until their successors are elected and qualified, and shall be elected at the Gen-

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353

eral Election in the year of the expiration of their terms of office. All members shall take office on the first day of January immediately following their election.

"In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board.

"The Board of Education in existence at the time of the ratifica tion of this amendment shall continue in existence through December 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and shall be subject to all Constitutional and statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment.

SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board.

"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board."

All persons desiring to vote in favor of adopting the proposed

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amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun, of 46th Brown, of 34th Carlton Carter Coggin Conway Downing Ellis Gillis Gordy Hall Harrison Heard

Hunt Jackson Johnson, of 42nd Kendrick Kidd Knox Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Phillips

Plunkett Rowan Salome Scott Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

Voting in the negative was Senator Smalley.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 40, nays 1.

The resolution, having received the requisite constitutional two-thirds major ity, was adopted.

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355

HE 27. By Mr Mixon of Irwin:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority; to provide for powers, authority, funds, purposes, and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic to be known as the 'Ocilla-Irwin County Industrial Development Au thority', which shall be an instrumentality of the State of Georgia and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of six members, who shall be eligible for reappointment. The Chairman of the Board of Commis sioners of Roads and Revenues of Irwin County shall appoint him self and one other member of the Board to membership on the Au thority. The Mayor of Ocilla shall appoint himself and one member of the City Council to membership on the Authority. The President of the Irwin County Chamber of Commerce shall appoint himself and one member of the Board of Directors of the Irwin County Chamber of Commerce to membership on the Authority. The terms of office of all persons appointed to membership on the Authority shall be concurrent with their respective terms as Chairman of the Commissioners of Roads and Revenues of Irwin County, Commis sioner of Roads and Revenues of Irwin County, Mayor of the City of Ocilla, Councilman of the City of Ocilla, President of the Irwin County Chamber of Commerce, and Director of the Irwin County Chamber of Commerce. Vacancies for unexpired terms shall be filled by the Chairman of the Commissioners of Roads and Revenues, Mayor of the City of Ocilla, and President of the Irwin County Chamber of Commerce in the same manner as appointments. A majority of the Directors shall constitute a quorum and the majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. In the event, the Chamber of Com merce of Irwin County, Georgia, becomes inoperative and elects no officers, then the City Council of Ocilla, Georgia ond the Board of Commissioners of Roads and Revenues of Irwin County may appoint one member each to the Authority on behalf of said Chamber of Commerce, until the Irwin County Chamber of Commerce becomes operative again.

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"C. The members of the Authority shall elect one of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make bylaws and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence as hereinafter provided.

"D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Irwin County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.
"E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word 'Authority' shall mean the 'Ocilla-Irwin County Industrial Development Authority', created hereby.

(2) The word 'project' shall be deemed to mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new in dustry or industries or the assistance, promotion or expansion of existing industry, trade or commerce in Irwin County, or any com bination thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes.

(3) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspect ion, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improve ments, or to determining the feasibility or practicablity of the pro ject, administrative expenses, or the acquisition, construction, equip ping or operating of any project or any part thereof.

"P. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power:
(1) to sue and be sued;

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357

(2) to adopt and amend a corporate seal;

(3) to make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may he made with Irwin County or the City of Ocilla. Irwin County and the City of Ocilla are hereby authorized to enter into contracts with the Authority;

(4) to receive and administer gifts, grants, and devises of any property and to administer trusts;
(5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstruct ing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof;
(6) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein;
(7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority;
(8) to issue bonds for the purposes of providing funds for carrying out the purpose of the Authority;
(9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their com pensation and duties;
(10) to construct, acquire, own, repaid, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Au thority or from any contribution or loans by persons, firms or cor porations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use;
(11) to issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to, improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue, anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, .mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered and the Authority may execute any trust agreement

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or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or con dition contained in such agreement or indenture. The State of Georgia in behalf of the State and Irwin County and the City of Ocilla hereby waives any right the State, Irwin County or the City of Ocilla may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered any such mortgage or encum brance may be foreclosed in accordance with law and the terms here of. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Irwin County, and the Superior Court of Irwin County shall have jurisdiction and the requisite notices shall be published in Irwin County. If no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom;

(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

"G. The governing authority of Irwin County is hereby authori zed to levy an annual ad valorem tax on all taxable property located within the unincorporated areas of Irwin County not to exceed two mills per dollar or assessed valuation and the funds produced by such levy shall be used to aid and assist in the promotion of new indus tries and the expansion of agriculture, trade and commerce.

"H. The governing authority of the City of Ocilla is hereby authorized to levy an annual ad valorem tax on all taxable property located within the corporate limits of said city not to exceed two mills per dollar on assessed valuation and the funds produced by such levy shall be used to aid and assist in the promotion of new industries and the expansion of agriculture, trade, and commerce.

"I. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia when in the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

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"K. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Irwin County and reducing unem ployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"L. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Au thority shall be an instrumentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within Irwin County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Irwin County.
"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authortiy shall be a debt of the State of Georgia, Irwin County, or the City of Ocilla.
"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Irwin County and the City of Ocilla, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"0. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written on printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority.
"Against ratification of amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority."

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All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Gillis Gordy Hall Harrison Heard

Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Phillips

Plunkett Rowan Salome Scott Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

Voting in the negative was Senator Smalley.

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 1.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

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HR 28. By Mr. Rodgers of Charlton:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Charlton County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in the County of Charlton to be known as the Charlton Development Au thority, Folkston, Georgia, which shall be an instrumentality of Charlton County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';"

"B. The Authority shall consist of seven members who shall serve for a term of three, two and one years and who shall be eligible for reappointment. The Original seven members shall serve terms of, Three for three years, two for two years and two for one year. They shall be W. C. Odom, R. Ward Harrison, Theo Dinkins each to serve three years; Bob Adkins, Carl Jones, Jr., each to serve two years; H. R. Johnson, Doyal Lewis each to serve one year. The subsequent members shall be appointed by the Charlton County Commissioners. Vacancies shall be filled for the unexpired term by the authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligation of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Charlton County.

"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the authority or for use of the Authority.

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"D. The powers of the Authority shall include but not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within Charlton County;

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within Charlton County. The provisions of this clause shall not be con strued to limit any other power of the Authority;

(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and as sign any and all of its funds, property and income as security there for;
(5) To contract with Charlton County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
(7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in Charlton County, and to make long-range plans therefor;
(8) To exercise such other powers and duties as may be dele gated to it by the Charlton County Commissioners;
(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivsions may be invested;
(10) To designate officers to sign and act for the Authority generally or in any specific matter;
(11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the authority as herein stated.

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"E. The Authority shall not be authorized to create in any man ner any debt, liability or obligation against Charlton County or the State of Georgia.
"P. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in per formance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority;

"G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by Authority and such compensation shall be paid from funds of the Authority;

"H. The County of Charlton is authorized to levy an annual tax, not to exceed One and one half mills, on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Charlton County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law. which tax shall be in addition to all other taxes authorized by law;

"I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligation had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Au thority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein con tained shall be construed to authorize said authority to issue any bonds resulting in the creation of a lien against the tax digest of Charlton County;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an

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obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Charlton County and its citizens, industry, agriculture, trade, commerce and recrea tion within Charlton County and making of long-range plans for such development and expansion. This amendment and any law en acted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and redistrict the same, and may likewise further regulate the management and conduct of the Authority.

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Charlton County or the State of Georgia.

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their Journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amendment to Constitution so as to create the Charlton County Development Au thority and to provide for powers, authority, funds, purposes and pro cedure connected therewith."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns of elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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365

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Gillis Gordy Hall Harrison Heard

Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Phillips

Plunkett Rowan Salome Scott Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

Voting in the negative was Senator Smalley.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 40, nays 1.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 36. By Mr. Keadle of Lamar:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority; to provide for the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of mem bers of said Authority; to provide for the duties and powers of the City of Barnesville and the County of Lamar with respect to said Authority; to provide for the issuance of revenue bonds and the validation thereof; to provide for the exemptions applicable to said Authority; to provide

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for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'City of Barnesville and County of Lamar Develop ment Authority', which in this amendment is hereafter referred to as the 'Authority' and which shall be deemed to create to the State of Georgia and an instrumentality of the County of Lamar and a public corporation. The name of said Authority may be changed from time to time by an act of the General Assembly. The scope and jurisdiction of the Authority is restricted to the territorial limits of Lamar County, Georgia. The County of Lamar and any munici pality located therein may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

"B. The Authority shall consist of five (5) members as follows:
"Two (2) members shall be appointed by the mayor and council of the City of Barnesville; two (2) members shall be appointed by the commissioners of roads and revenues of Lamar County and the fifth member shall be the duly elected president of the Barnesville Chamber of Commerce and in the event said Chamber of Commerce is dissolved as a corporation then and in that event the fifth mem ber shall be appointed by the mayor and council of the City of Barnesville. The respective terms of the members shall be as follows:
"(1) The first member appointed by the mayor and council of the City of Barnesville shall be appointed for a term of five (5) years.
"(2) The first member appointed by the commissioners of roads and revenues of Lamar County shall be appointed for a term of four (4) years.
"(3) The second member appointed by the mayor and council of the City of Barnesville shall be appointed for a term of three (3) years.
"(4) The second member appointed by the commissioners of roads and revenues of Lamar County shall be appointed for a term of two (2) years.
"(5) The president of the Barnesville Chamber of Commerce shall serve for a term of one (1) year.

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"Thereafter upon the expiration of the said designated terms, the successors shall be appointed for a term of five (5) years by the political body or bodies who appointed the member whose term is expiring with the exception of the president of the Barnesville Chamber of Commerce or the person appointed in his stead whose term shall remain at one (1) year.

"All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said political body or bodies designated by this amend ment to appoint them or reelected to the office of President of the Barnesville Chamber of Commerce as the case might be. Should any member resign or be unable to serve or move beyond the ter ritorial limits of Lamar County, as it is now situated or may here after be situated, his successor shall be appointed to serve the remaining term by the political body or bodies who originally ap pointed such member or elected him in the case of the President of the Barnesville Chamber of Commerce.

"Prior to taking office, the members shall subscribe to the fol lowing oath, to wit: 'I do solemnly swear that I will fully and fairly perform the duties as a member of the Barnesville-Lamar County Development Authority, So Help Me God.'

"The members of said Authority shall be entitled to no com pensation.
"C. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be ap proved by not less than three (3) affirmative votes.

"D. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context:

"(1) The word 'Authority' shall mean the City of Barnesville and County of Lamar Development Authority, created hereby.

"(2) The word 'project' shall be deemed to mean and include property, real and personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Lamar County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the construction, installation or expansion of one or more buildings, plants or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes.

"(3) The term 'cost of project' shall embrace the following:

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the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and serv ices acquired or contracted for; the cost of financing charges or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to con struction or improvements, or to determining the feasibility or practicablity of the project, adiministrative expenses, or the acquisi tion, construction, equipping qr operating any project or any part thereof.

"E. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes:

"(1) To have a corporate seal and alter the same at pleasure.

"(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instru mentality thereof, any county or municipality thereof, and any other political subdivision, and with private persons, firms, corporations, and associations.

"(3) To receive and administer gifts, grants and donations and to administer trusts.

"(4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, or otherwise encumber or dispose of land, buildings, equipment, furnishings, or property of all kinds, real and personal, within Lamar County, Georgia, and to make a contract or contracts or execute any instrument or docu ment for the accomplishment thereof, or other purposes.
"(5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, or the exercise of any power or powers of said Authority.
"(6) To enter into any contract or contracts for any period of time not exceeding fifty (50) years.

"(7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.
"(8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, add to, develop, improve, donate, sell, lease as lessor or lessee, equip, op erate and manager projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes

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369

levied for the purpose by the State of Georgia, Lamar County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.

"(9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not re quired to be a member of the Authority; and to authorize and em power such officers to act for the Authority generally or in any specific matter.

"(10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds or other such instruments as may be necessary or convenient to evidence and secure such borrowing.

"(11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging or assigning any or all of its funds, income or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise or be subject to under the provisions of the Revenue Bond Law (Chap ter 87-8 of the Code of Georgia), as the same now is, or hereafter may be, amended. The rights, powers and privileges of the Authority are not limited to those of such municipality, however.

"(12) To use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority.
"(13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions.
"(14) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
"(15) To adopt, alter, amend or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"(16) To do all things necessary and convenient to carry out

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the powers expressly conferred by the Amendment upon the Au thority.

"P. The acquisition, construction, improvement, betterment, ex pansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty (30) years from their respective dates, bear interest at such rate or rates not exceeding seven (7%) percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, as signments and conditions as the resolution or resolutions authoriz ing the issuance of such bonds may provide. Except as herein pro vided to the contrary, such bonds shall be issued and validated in the Superior Court of Lamar County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. Laws 1937, p. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to validate such bonds, the City of Barnesville and Coun ty of Lamar Development Authority shall be named as party de fendant. In event no bill of exceptions is filed within the time pre scribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority.

"G. All property, real and personal, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority, and interest thereon and income there from, shall be exempt from State, county, city and local taxation for any purpose.

"H. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.

"I. The Authority shall not be authorized to create in any man ner any debt, liability or obligation, against the State of Georgia, Lamar County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof.
"J. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title

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371

to which shall be in the County of Lamar or any incorporated city or town in said county, the governing authorities of the County of Lamar and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improve ments thereon, without cost, to the Authority. Said county or munici palities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Au thority.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Lamar County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of said Authority. The Authority shall hold title only for the benefit of the public.

"L. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed in the office of the Authority and shall be available for public inspection.

"M. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations thereunder.

"N. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivision as provided in Article VII, Section VII, Para graph V of the Constitution, the City of Barnesville and County of Lamar Development Authority is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in assist ing, promoting, establishing and developing new industries, and as sisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Lamar County, Georgia, as hereinafter provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said county and to be an essential governmental func tion in relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources, and otherwise promoting the general welfare.

"O. The said Authority is created for the purpose of assisting, promoting, establishing and developing new industry, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Lamar County, Georgia, both within and without the limits of municipalities therein, for the public good and general welfare of said county and its citizens. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency quali-

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fied to receive loans and other assistance from the Industrial De velopment Commission of the State of Georgia, or other govern mental agencies.

"P. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Lamar and the City of Barnesville are by law authorized to undertake.

"Q. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) of the members elected to each of the two branches of the General Assembly, and the same has been en tered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority.
"Against ratification of amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

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373

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Gillis Gordy Hall Harrison Heard

Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Phillips

Plunkett Rowan Salome Scott Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

Voting in the negative was Senator Smalley.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 40, nays 1.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chair man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:

SB 14.

SB 15.

SR 34.

Respectfully submitted,

Pelham of the 10th District,

Chairman.

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Senator Carlton of the 21st asked unanimous consent that the Senate resolve itself into a Committee of the Whole for the purpose of considering the following resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The consent was granted.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Johnson of the 42nd asked unanimous consent that his amendment on June 3, 1964, to Article 1, Section 1, Paragraph 14 be withdrawn.

The consent was granted.

Senator Webb of the llth moved that the Senate reconsider Article 1, Section 4, Paragraph 3, which was postponed from June 3, 1964.
On the motion, the ayes were 38, nays 1, and the motion prevailed.
Senator Jackson of the 16th offered the following amendment: Amend HR 6 by striking the next to the last sentence of Article 2,
Section 4, Paragraph 3 which reads as follows: "Each house is hereby authorized to provide for its own as
sistants and employees and fix the compensation therefor.", in its entirety, and inserting in lieu thereof a new sentence to read as follows:
"Except as otherwise provided in this Constitution, each house is hereby authorized to provide for its own officers, assistants and employees and fix the compensation therefor."
On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

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375

Senator Yancey of the 33rd asked unanimous consent that his amendment on Article 1, Section 2, Paragraph 7 be withdrawn.

The consent was granted.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 2, Section 5, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as fol lows:
"Paragraph 7. Eligibility; Appointments Forbidden. No per son on extended active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolument or compensation annexed thereto under the United States, this State or any other state, and no person who is a defaulter for public money or for any legal taxes required of him, shall have a seat in either house of the General Assembly. No Senator or Representative shall be elected by the General As sembly or appointed by the Governor to any office or appointment having any emolument annexed thereto during the time for which he shall have been elected unless he shall first resign his seat. Dur ing the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term."

On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.

Senators Conway of the 41st and Holloway of the 12th offered the following amendment:
Amend HR 6 by adding at the end of Section 1 a new paragraph to be numbered Paragraph 25 and to read as follows:
"Paragraph 25. Encouragement of Private Enterprise System. It shall be the policy of the State of Georgia to encourage private enterprise and reputable business firms to operate freely and prof itably in the State. The General Assembly shall consider legislation in this field from the viewpoint of its positive effect on sound economic development."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
Senator Kidd of the 25th offered the following amendment: Amend HR 6 by renumbering Paragraphs 5, 6, 7, 8, 9, 10, 11, 12,

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13, and 14 of Article 2, Section 5 as Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, respectively.

By inserting between Paragraph 4 and Paragraph 6 of Article 2, Section 5 a new Paragraph 5 to read as follows:

"Paragraph 5. Pending Business Continued; When. All busi ness pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. The Senate and the House of Representatives shall organize each two years in the odd-numbered years and shall be deemed to be a dif ferent General Assembly for each such two year period."

On the adoption of the amendment, the ayes were 36, nays 2, and the amend ment was adopted.

Senator Johnson of the 42nd asked unanimous consent that action on the amendment to Article 2, Section 5, Paragraph 11 be postponed until June 8, 1964.
The consent was granted.

Senator Ellis of the 44th asked unanimous consent that action on the amend ment to Article 2, Section 8, Paragraph 3 be postponed until June 8, 1964.
The consent was granted.

Senator Gayner of the 5th asked unanimous consent that action on the amendment to Article 1, Section 1, Paragraph 14, be postponed until June 10, 1964.

The consent was granted.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by adding a new Paragraph to Article 2, Section 8, to be known as Paragraph 4 to read as follows:
"Paragraph 4. General Laws; Uniform Operation; Limitation on Local Laws. Laws of a general nature shall have uniform opera tion throughout the State, and, except as otherwise provided in this

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377

Constitution, no local or special law may be enacted in any case for which provision has been made by general law."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 2, Section 8, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Change in Elective Offices. No elective office shall be abolished during the term of any incumbent nor the term thereof changed so as to affect the term of any incumbent unless the act for such purpose be approved in a referendum in the affected jurisdiction by a majority of those voting thereon. When any law shall create a new elective office, such office shall be filled by elec tion of the qualified voters of the jurisdiction affected and not by appointment."

On the adoption of the amendment, the ayes were 22, nays 15, and the amend ment was lost.

Senator Smalley of the 28th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 2, Section 8, Paragraph 4.

Senator Johnson of the 42nd moved that the following amendment to Article 2, Section 8, Paragraph 3 be adopted:
Amend HR 6 by renumbering Article 2, Section 8, Paragraph 3 as Paragraph 5.

The motion prevailed.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by renumbering Article 2, Section 8, Paragraph 4 as Paragraph 6.

The amendment was adopted.

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Senator Johnson of the 42nd offered the following amendment:

Amend HR 6 by renumbering Article 2, Section 8, Paragraph 5 as Paragraph 7.

The amendment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 2, Section 8, Paragraph 6 in its entirety and inserting in lieu thereof a new Paragraph 6 to read as follows:
"Paragraph 6. Abridgement of Power of Eminent Domain. The exercise of the power of eminent domain shall never be abridged or construed so as to prevent the General Assembly from taking prop erty and franchises and subjecting them to public use."

The amendment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by renumbering Article 2, Section 8, Paragraph 6 as Paragraph 8.

The amendment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by renumbering Article 2, Section 8, Paragraph 7 as Paragraph 9.

The amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 2, Section 8, Paragraph 10 in its entirety.

The amendment was adopted.

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379

Senator Smalley of the 28th offered the following amendment:

Amend HR 6 by striking Article 2, Section 8, Paragraph 11 in its entirety.

The amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 2, Section 8, Paragraph 13 in its entirety.

The amendment was adopted.

Senator Webb of the llth moved that the Committee postpone consideration of Article 2, Section 8, Paragraph 13.

The consent was granted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 2, Section 9, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Origination. All bills for raising revenue or appropriating money shall originate in the Senate, but the House of Representatives may propose or concur in amendments as in other bills."

The amendment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striikng the title of Article 2, Section 9, Paragraph 2 and inserting in lieu thereof a new title, "How Public Money Drawn."

The amendment was adopted.

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Senator Carlton of the 21st offered the following amendment:

Amend HR 6 by striking Article 2, Section 10, Paragraph 1, Subparagraph (d) in its entirety and inserting in lieu thereof a new Subparagraph (d) to read as follows:

"(d) The General Appropriation Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Gov ernment, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject."

The amendment was adopted.

Senator Carlton of the 21st offered the following amendment:
Amend HR 6 by striking from Article 2, Section 10, Paragraph 2, Subparagraph (e) the following: ", which appropriation shall also pro vide the maximum amount of bonds that may be issued pursuant there to".

The amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HB 6 by striking Article 2, Section 10, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Supplementary Appropriation Acts. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by supplementary appropriation acts, but no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the additional reve nue measures necessary to provide such supplementary appropria tion shall have been enacted. Neither house shall pass a supple mentary appropriation bill until the General Appropriations Act shall have been finally enacted into law."
The amendment was adopted.
On the adoption of Article 2, Section 10, Paragraph 5, Senator Johnson of the 42nd objected.

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381

Senator Gillis of the 20th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Downing Ellis Pincher Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon Noble Oliver Owens

Pelham Phillips Rowan Salome Scott Smalley Smith Spinks Thomas Tribble Webb Yancey Young Zorn

Those voting in the negative were Senators:

Conway Johnson of 42nd Johnson of 38th

Maclntyre McWhorter Searcey

Wesberr

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 44, nays 7, and paragraph 5 was adopted.

On the adoption of Article 2, Section 10, Paragraph 6, Senator Wesberry objected.

Senator Rowan of the 8th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

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Those voting in the affirmative were Senators:

Brewer Broun of 46th Carlton Carter Coggin Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon Noble Oliver

Owens Pelham Phillips Plunkett Rowan Scott Smalley Smith Spinks Thomas Webb Yancey Young Zorn

Those voting in the negative were Senators:

Brown of 34th Conway Johnson of 38th

Maclntyre McWhorter Salome

Searcey Tribble Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of Paragraph 6 of Section 10, Article 2, the ayes were 42, nays 9, and the paragraph was adopted.

Senator Kidd of the 25th offered the following amendment:
Amend HR 6 by adding at the end of Article 2, Section 10, Para graph 7 the following sentence:
"The General Assembly is hereby authorized to provide a meth od for determining the population of municipalities which were or are not incorporated on the date when any Federal Decennial Census became or becomes effective in order that such municipalities may likewise be eligible to receive their proper share of the sums pro vided under this Paragraph."
On the adoption of the amendment, the ayes were 40, nays 2, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment: Amend HR 6 by striking Article 2, Section 11, Paragraph 1 in its

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383

entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Manner of Providing. The General Assembly shall protect by law from levy and sale a portion of the homestead of the citizens in an amount of not less than $1600 and shall have authority to define a homestead and those to whom such exemptions shall be allowed; to specify the amount of such exemptions; to provide the manner of exempting such property, the sale, alienation and encumbrance thereof; and to provide for the waiver of said ex emptions by the debtor."

On the adoption of the amendment, Senator Gayner of the 5th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gordy Holloway Johnson of 42nd

Johnson of 38th Kendrick Kidd Knox Lee Maclntyre Miller Moore McWhorter Oliver Owens Pelham

Phillips Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Wesberry Yancey Zorn

Those voting in the negative were Senators:

Gillis Heard Hunt

Loggins McKinnon Rowan

Webb Young

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 36, nays 8, and the amend ment was adopted.

Senator Ellis of the 44th offered the following amendment: Amend HR 6 by striking Article 2, Section 12, Paragraph 1 in ita

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entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State and for their regulation and discipline."

Senator Gayner of the 5th offered the following amendment to the Ellis amendment:
Amend the amendment to Article 2, Section 12, Paragraph 1 of HR 6-1 (Sub) (Am) by adding to the paragraph a new sentence to read as follows:
"The defense and desaster forces shall be subject to the direc tives of the Governor in his capacity as Commander-in-Chief."

On the adoption of the amendment to the amendment, the ayes were 39, nays 0, and the amendment to the amendment was adopted.
On the adoption of the amendment, as amended, the ayes were 39, nays 0, and the amendment was adopted as amended.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 2, Section 13, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Salarise of Elective Officials. The General As sembly may prescribe salaries and allowances for all elective of ficers provided for in this Constitution and change the same, but no such change shall increase or diminish the salary or allowances of any incumbent during his term of office, except that the General Assembly may change the compensation of any State or county elective officer for a fee system to a salary at any time and fix such salary."
On the adoption of the amendment, the ayes were 26, nays 7, and the amend ment was lost.
Senator Carter of the 14th gave notice that at the propert time he would move that the Committee reconsider its action on the amendment to Article 2, Section 13, Paragraph 1.

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385

Senator Carter of the 14th offered the following amendment:

Amend HR 6 by adding to Article 2, Section 13, a new Paragraph to be known as Paragraph 2 to read as follows:

"Paragraph 2. Salary Bill. In fixing the salaries and allow ances of members of the Executive and Judiciary Departments and of appointed officers, employees and attaches who are not subject to the State Merit System, the General Assembly shall do so only in a single salary bill which shall list every such office, and shall state the current salary and allowances and shall state the new salary and allowances for each such office."

Senator Carter of the 14th asked unanimous consent that action on the amendment to Article 2, Section 13, Paragraph 2 be postponed to June 5, 1964.

On the adoption of Article 2, Section 14, Senator Hunt called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Coggin Downing Ellis Fincher Fuqua Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon Noble Oliver Owens

Pelham Plunkett Rowan Scott Searcey Smith Spinks Thomas Webb Young Zorn

Those voting in the negative were Senators:

Corrway Gayner Johnson of 42nd

Maclntyre Phillips Smalley

Wesberry Yancey

On the adoption of Section 14, article 2, the ayes were 39, nays 8, and the section was adopted.

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Senator Carlton of the 21st asked unanimous consent that the Committee of the Whole be dissolved and the Senate resume the regular order of business.

The consent was granted.

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

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387

Senate Chamber, Atlanta, Georgia, Friday, June 5, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend George W. Fields, Jr., pastor, McDonough Baptist Church, McDonough, Georgia.

The roll call was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver

Owens Pelham Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Thomas Webb Wesberry Yancey Young Zorn

Senator Gordy of the 15th reported that the journal of yesterday's proceed ing had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed With, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

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The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House to wit:

HR 65. By Mr. White of Mclntosh:
A resolution relative to the Area Redevelopment Administration; and for other purposes.

The following resolution was read and adopted:

HR 65. By Mr. White of Mclntosh:
A resolution to the Area Redevelopment Administration; and for other purposes.

The following bill was introduced, read the first time, and referred to committee:

SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Brewer of the 39th, Maclntyre of the 40th, Conway of the 41st and Johnson of the 38th:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

HB 63. By Mr. Tucker of Henry:
A bill to amend an act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on a salary basis in lieu of a fee system; and for other purposes.

FRIDAY, JUNE 5, 1964

389

HB 65. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.

HR 57. By Mr. Parker of Screven:
A resolution proposing an amendment to the Constitution so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County; and for other purposes.

Mr. Brown of the 34th District Chairman of the Committee on County and Municipal Governments submitted the following report:
Mr. President:--
Your Committee on County and Municipal Governments has had under con sideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 5. Do pass. Respectfully submitted, Brown of 34th District,
Chairman.

The following local, uncontested bills, were read the third time, and put upon their passage:

SB 16. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 5. By Messrs. Laite, House and Groover of Bibb:
A bill to convey Lamar Properties, Inc., the fee simple title to certain property in the City of Macon; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 14. By Mr. Causby of Gordon:
A bill to amend an act placing the sheriff of Gordon County upon an annual salary, so as to provide for deputy sheriffs and their compensa tion; and for other purposes.

The committee on County and Municipal Governments offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend an Act placing the sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 3214), as amended by an Act approved February 14, 1958 (Ga. Laws 1958, p. 2121), and an Act approved March 1, 1961 (Ga. Laws 1961, p. 2279), so as to provide for deputy sheriffs and their compensation; to provide for automobiles, their maintenance and replacement; to provide for the pay ment of the necessary office expenses of the sheriff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing the sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 3214), as amended by an Act approved February 14, 1958 (Ga. Laws 1958, p. 2121), and an Act approved March 7, 1961 (Ga. Laws 1961, p. 2279), is hereby amended by adding at the end of Section 2 the following:
"The Sheriff of Gordon County, Georgia, shall also have the right and authority to appoint a maximum of one deputy for every 6,000 residents of the county, such population to be determined by

FRIDAY, JUNE 5, 1964

391

the latest official United States census figures which are available, to serve during his term of office. The persons and numbers up to the maximum of deputy sheriff appointments shall be at the discre tion of the Sheriff, and he shall determine the period of time for which each deputy sheriff shall serve during his term of office. Deputy sheriffs shall be compensated in an amount not less than $3,600.00 per annum nor more than $4,200.00 per annum, the exact amount to be determined by the Sheriff and the governing authority of Gordon County. At the discretion of the Sheriff and the govern ing authority of Gordon County, any deputy sheriff whose salary has reached the maximum of $4,200.00 per annum shall be eligible to receive three (3) increases of $100.00 per annum up to a final maximum of $4,500.00 per annum.",

so that when so amended Section 2 shall read as follows:

"Section 2. The Sheriff of Gordon County, Georgia, shall receive an annual salary of ($5,000.00) five thousand dollars per annum and shall in addition to said salary be paid a subsistence allowance of three dollars ($3.00) per diem, which said salary and said sub sistence allowance shall be paid in equal monthly installments. Said salary and subsistence allowance shall be in full payment of all fees and commissions or other emoluments that would otherwise accrue to him except for this Act. All such fees, commissions and emoluments shall be collected by him and paid into the general funds of the county. Such compensation and subsistence allowance shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court; except such fees and compensations as provided in section 58-207 of the 1933 Code of Georgia as amended, The Sheriff of Gordon County, Georgia, shall also have the right and authority to appoint a maxi mum of one deputy for every 6,000 residents of the county, such population to be determined by the latest official United States census figures which are available, to serve during his term of office. The persons and numbers up to the maximum of deputy sheriff appointments shall be at the discretion of the Sheriff, and he shall determine the period of time for which each deputy sheriff shall serve during his term of office. Deputy sheriffs shall be com pensated in an amount not less than $3,600.00 per annum nor more than $4,200.00 per annum, the exact amount to be determined by the Sheriff and the governing authority of Gordon County. At the discretion of the Sheriff and the governing authority of Gordon County, any deputy sheriff whose salary has reached the maximum of $4,200.00 per annum shall be eligible to receive three (3) in creases of $100.00 per annum up to a final maximum of $4,500.00 per annum."

Section 2. Said Act is further amended by striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. The Sheriff of Gordon County shall be allowed two adequately equipped automobiles, to be replaced new every two years or 75,000 miles, whichever occurs first, unless an extension of the

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age or mileage is agreed to by the Sheriff and the County Com missioner, for the exclusive use of his office and shall be furnished with the necessary gasoline, oil and repairs of said automobiles, and shall also be furnished with the necessary uniforms for himself and his deputies, and upon the Sheriff submitting to the Commissioner of Roads and Revenues of Gordon County, Georgia, requisitions for such items with certificate under oath attached thereto stating that the items covered in the requisitions are necessary to the welfare and upkeep of the department, it shall be the duty of the Com missioner of Roads and Revenues to pay same out of the general funds of said county."

Section 3. Said Act is further amended by striking in its entirety Section 5 and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. The necessary expense of the office of the Sheriff, which shall include all premiums on bonds or insurance required of the Sheriff or his deputies, shall be paid out of the general funds of Gordon County upon the Sheriff submitting to the Commissioner of Roads and Revenues of Gordon County, Georgia, a requisition for same with the certificate under oath attached thereto stating that the same is necessary for the welfare and upkeep of the Sheriff's office; and it shall be the duty of the Commissioner of Roads and Revenues of Gordon County, Georgia, to pay same out of the general funds of Gordon County,"

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 42. By Mr. Bowen of Toombs:
A bill to amend an act creating a new charter for the City of Vidalia, in the County of Toombs, so as to change the corporate limits of said City of Vidalia; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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393

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 59. By Mr. Andrews of Stephens:
A bill to amend an act incorporating the City of Toccoa so as to provide for the establishment of a Civil Service Board and to designate the qualifications and personnel thereof; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Carlton of the 21st asked unanimous consent that the Senate resolve itself into a Committee of the Whole for the purpose of considering the following resolution of the House.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The consent was granted.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Webb of the llth asked unanimous consent that the Committee defer consideration of Article 2, Section 8, Paragraph 13 until June 10, 1964.

The consent was granted.

Senator Carter of the 14th asked unanimous consent that action on Article 2, Section 13, Paragraph 1 be postponed until a later date.

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The consent was granted.

Senator Carter of the 14th asked unanimous consent that his amendment to Article 2, Section 13, Paragraph 2, be withdrawn.

The consent was granted.

Senator Smalley of the 28th asked unanimous consent that the Committee reconsider its action of yesterday on Article 2, Section 8, Paragraph 4.

On the motion to reconsider, the ayes were 17, nays 8.

Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carter Con way Ellis Pincher Gayner Gordy

Hunt Johnson of 38th Kendrick Kidd Knox Maclntyre Moore McKinnon

Oliver Plunkett Rowan Salome Smalley Thomas Wesberry Yancey

Those voting in the negative were Senators:

Carlton Downing Heard Holloway

Lee Owens Phillips

Smith Webb Young

By unanimous consent, verification of the roll call was dispensed with.

On the motion to reconsider, the ayes were 24, nays 10, and the motion pre vailed.

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395

Senator Carlton of the 21st asked unanimous consent that action on Article 2, Section 15 be deferred until June 8, 1964.

The consent was granted.

Senator Gillis of the 20th moved that action on the amendment of Senator Johnson of the 42nd, to Article 3, Section 2, Paragraph 1, which was postponed to June 5, 1964, be indefinitely postponed.

On the motion to indefinitely postpone, the ayes were 18, nays 20, and the motion was lost.

Senator Byrd of the 17th moved that action on Article 3, be postponed to June 8, 1964.

On the motion, the ayes were 10, nays 25, and the motion was lost.

Senator Gayner moved that action on Article 3, Section 2, Paragraph 1 be postponed to June 8, 1964.

On the motion, the ayes were 26, nays 10, and the motion prevailed.

Senator Rowan of the 8th moved that the Committee of the Whole be now dissolved.

On the motion, the ayes were 19, nays 17, and the motion prevailed.

Senator Rowan moved that the Senate do now adjourn until 11:00 o'clock Monday morning.

On the motion to adjourn, Senator Hall of the 52nd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

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Those voting in the affirmative were Senators:

Byrd Carter Coggin Downing Ellis Pincher Gayner Harrison

Hunt Kendrick Kidd Knox Maclntyre McKinnon McWhorter Oliver

Rowan Salome Smalley Thomas Yancey Young Zorn

Those voting in the negative were Senators:

Broun of 46th Brown of 34th Carlton Conway Gillis Gordy Hall

Heard Holloway Johnson of 38th Lee Moore Owens Pelham

Phillips Plunkett Searcey Smith Webb Wesberry

The roll call was verified.

On the motion to adjourn, the ayes were 23, nays 20, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock Monday morning.

MONDAY, JUNE 8, 1964

397

Senate Chamber, Atlanta, Georgia, Monday, June 8, 1964.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order hy the president.

Scripture reading and prayer were offered by Dr. William Williamson, pastor-elect of the Peachtree Presbyterian Church, Atlanta, Georgia.

The roll was called, and the following senators answered to their names

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

Senator Yancey of 33rd moved that the Senate reconsider its action of Thursday on the following resolution of the House:

HR 20. By Messrs. Wilson, Plournoy and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.

On the motion to reconsider, the ayes were 28, nays 0, and the motion pre vailed.

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JOURNAL OF THE SENATE,

Senator Gordy of the 15th reported that the journal of Friday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit:
SB 8. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, and others: A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
SB 10. By Senator Maclntyre of the 40th: A bill to amend an act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.
SB 11. By Senator Maclntyre of the 40th: A bill to amend an act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes.

MONDAY, JUNE 8, 1964

399

SB 12. By Senators Salome of the 36th, Coggin of the 35th, Wesberry of the 37th, and others:
A bill to amend an act creating the Judges' and Solicitor-Generals' Retirement Fund of Pulton County, so as to allow certain eligible per sons to become members of the retirement fund; and for other purposes.

HB 64. By Messrs. Wilson and Flournoy of Cobb:
A bill to create a board of commissioners of roads and revenues for Cobb County; and for other purposes.

The House has adopted the following resolution of the Senate to-wit:

SR 34. By Senators Hunt of the 26th and Maclntyre of the 40th:
A resolution commending the Honorable J. Taylor Phillips; and for other purposes.

The following bill was introduced, read the first time, and referred to committee:
HB 64. By Messrs. Wilson, Flournoy and Teague of Cobb: A bill to create a Board of Commissioners of Roads and Revenues of Cobb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bill was read the second time:
SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Brewer of the 39th, Maclntyre of the 40th, Conway of the 41st and Johnson of the 38th: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
The Senate reconsidered its action on the following resolution of the House:
HR 20. By Messrs. Wilson, Flournoy and Teague of Cobb: A resolution proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb

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JOURNAL OF THE SENATE,

County by any municipality, the major portion of which is located out side the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Carlton Downing Ellis Fincher
Gayner Gillis Gordy Hall Heard Holloway

Hunt Kendrick Kidd Knox
Loggins Moore McKinnon McWhorter Noble Phillips

Plunkett Rowan Scott Smalley
Smith Spinks Thomas Tribble Yancey Young

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Carter Coggin

Conway Harrison Johnson of 42nd Johnson of 38th Maclntyre

Pennington Salome Searcey Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 30, nays 15.

The resolution, having failed to receive the requisite constitutional twothirds majority, was lost.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:

SB 16.

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401

Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Carlton of the 21st asked unanimous consent that the Senate resolve itself into a Committee of the Whole for the purpose of considering the follow ing resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The consent was granted.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Johnson of the 42nd withdrew his notice of intent to ask the Senate to reconsider its action on his amendment to Article 3, Section 2, Paragraph 1.

Senator Webb of the llth offered the following amendment:
Amend HR 6 by striking Article 3, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Jurisdiction.
"(a) Original Jurisdiction. Except as herein provided, the Supreme Court shall have no original jurisdiction, but it shall have power to issue all writs necessary or appropriate in aid of its ap pellate jurisdiction and such inherent power as is necssary in the performance of its duties. The Court may, in accordance with its rules, render advisory opinions on questions of solemn and manifest public importance when requested by the Governor or by joint reso lution of the General Assembly.

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"(b) Appellate Jurisdiction. The Supreme Court shall have exclusive appellate jurisdiction from all other courts of this State in cases involving the interpretation or application of the Consti tution of the United States or this Constitution and of treaties to which the United States is a party; in cases where the constitu tionality of any law, rule, regulation, ordinance, or resolution is questioned; in cases of conviction of a capital felony; and until otherwise provided by law: in cases involving equitable powers or title to land; in all divorce and alimony cases; in cases certified to it by the Court of Appeals for determination; and in such other cases as may be prescribed by law or by its rules. The Supreme Court shall have discretionary power to require any case to be certi fied by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The decisions of the Su preme Court shall bind all other courts of this State as precedents."

Senator Yancey of the 33rd offered the following amendment to the Webb amendment to Article 3, Section 2, Paragraph 2:
Amend the amendment to HR 6 amending Article 3, Section 2, pro posed by Senator Webb of the llth, as follows:
By adding a new sentence between the first and second sentences of Paragraph 2 to read as follows:
"The Supreme Court shall have original jurisdiction upon peti tion of at least two of the elected executive officers named in this Constitution to determine the disability of the Governor or other person legally exercising the chief executive powers of the State and shall retain jurisdiction of said matters for the purpose of determining the cessation of disability."

On the adoption of the Yancey amendment to the Webb amendment, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway

Downing Ellis Gayner Gillis Gordy Hall Harrison Heard

Hunt Johnson of 42nd Johnson of 38th Kendrick Lee Loggins Maclntyre Moore

McKinnon, McWhorter Noble Pennington Phillips Plunkett

MONDAY, JUNE 8, 1964

403

Rowan Salome Scott Searcey Smalley Smith

Spinks Thomas Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the Yancey amendment to the Webb amendment, the ayes were 43, nays 0, and the amendment was adopted.
On the adoption of the Webb amendment, as amended, the ayes were 42, nays 0, and the amendment was adopted as amended.
Senator Webb offered the following amendment:
Amend HR 6 by striking Article 3, Section 2, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Powers of Supreme Court.
"(a) The Supreme Court, with the counsel and advice of rep resentative members of the Court of Appeals, the Judges of the Superior Courts, and the legal profession, shall have the power to prescribe rules governing practice and procedure for the judicial system. Such rules, before becoming effective, shall be submitted to the General Assembly during the first ten days of any regular session, and unless both houses reject such rules before adjourn ment, they shall become effective thirty days after the date of adjournment or as otherwise specified therein. Any rules so sub mitted shall not be subject to amendnmt by the General Assembly, but shall be subject only to rejection as submitted and if more than one rule is submitted and the same are declared by the Su preme Court to be inter-related the General Assembly may not reject only a part of such inter-related rules. The rules in force upon the effective date of this Constitution shall continue of force until changed as above provided.
"(b) The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar, standards of professional conduct, and the discipline of members of the bar."
Senator Downing of the 1st offered the following amendment to the Webb amendment:

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JOURNAL OF THE SENATE,

Senators Downing of the 1st and Searcey of the 2nd offered the following amendment:
Amend the amendment to Article 3, Section 2, Paragraph 3 (b) by adding at the end of the period the following:
"No such rule or law shall deprive any member of the bar of the right to a trial by jury in the county of his residence upon any disbarment proceeding or disciplinary action pursuant to any such rule or law. The General Assembly shall have the right to repeal or modify the standards and rules set out by the Supreme Court."

On the adoption of the Downing amendment to the Webb amendment, the ayes were 12, nays 28, and the amendment was lost.

Senator Downing of the 1st gave notice that at the proper time he would move that the Senate reconsider its action on the Downing amendment to the Webb amendment.

Senator Yancey of the 33rd offered the following amendment to the Webb amendment:
Amend the Webb amendment to Article 3, Section 2, Paragraph 3 (a) of HR 6 as follows:
By striking from paragraph 3 (a) line 7, the words "both houses" and inserting in lieu thereof the following: "one house or the other".

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment to the Webb amendment was adopted.

On the adoption of the Webb amendment, as amended, Senator Downing of the 1st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Conway Gayner Gillis Hall Harrison

Heard Hunt Johnson of 42nd Knox Lee Maclntyre McWhorter Noble Owens

Phillips Plunkett Salome Scott Smalley Smith Webb Wesberry Young

MONDAY, JUNE 8, 1964

405

Those voting in the negative were Senators:

Byrd Carter Coggin Downing Ellis Johnson of 38th

Kendrick Loggins McKinnon Oliver Pennington Rowan

Searcey Spinks Thomas Tribble Yancey

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the Webb amendment, as amended, the ayes were 27, nays 17, and the amendment was lost.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 3, Section 2, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Powers of Supreme Court. "(a) The Supreme Court, with the counsel and advice of repre sentative members of the Court of Appeals, the Judges of the Su perior Courts, and the legal profession, shall have the power to prescribe rules governing practice and procedure for the judicial system. Such rules, before becoming effective, shall be submitted to the General Assembly during the first ten days of any regular session, and unless one house or the other rejects such rules before adjournment, they shall become effective thirty days after the date of adjournment or as otherwise specified therein. Any rules so submitted shall not be subject to amendment by the General As sembly, but shall be subject only to rejection as submitted and if more than one rule is submitted and the same are declared by the Supreme Court to be inter-related the General Assembly may not reject only a part of such inter-related rules. The rules in force upon the effective date of this Constitution shall continue of force until changed as above provided.
"(b) The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar, standards of professional conduct, and the discipline of mem bers of the bar.
"No such rule shall deprive any member of the bar to the right to a trial by jury on material issues of fact in the county of his residence upon any disbarment proceeding pursuant to any such rule."
Senator Smalley of the 28th offered the following amendment to the Phillips amendment:

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JOURNAL OF THE SENATE,

Amend the amendment to sub-paragraph (a) of Article 3, Section 2, Paragraph 3, by adding in the second sentence after the words "Such rules", the words "including any subsequent amendments thereto".

On the adoption of the Smalley amendment to the Phillips amendment, Senator Smalley of the 28th called for the ayes and nays and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Carlton Conway Gayner Hall Harrison Heard Hunt

Johnson of 42nd Knox Lee Maclntyre McWhorter Noble Owens Pennington Phillips

Plunkett Salome Smalley Smith Thomas Webb Wesberry

Those voting in the negative were Senators:

Byrd Carter Coggin Downing Ellis Fincher

Kendrick Loggins Miller McKinnon Oliver Rowan

Scott Searcey Spinks Tribble Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the Smalley amendment to the Phillips amendment, the ayes were 25, nays 18, and the amendment was lost.

On the adoption of the Phillips amendment, Senator Phillips of the 27th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Carlton Conway

Gayner Gordy Hall Harrison

Heard Hunt Johnson of 42nd Johnson of 38th

Knox Lee Maclntyre McWhorter Noble Owens

MONDAY, JUNE 8, 1964

407

Phillips Plunkett Salome Scott Smalley Smith

Thomas Webb Wesberry Yancey

Those voting in the negative were Senators:

Byrd Carter Coggin Downing Ellis Fincher

Gillis Holloway Kendrick Loggins Miller Moore

McKinnon Rowan Searcey Spinks Tribble Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 28, nays 18, and the amendment was adopted.

Senator Byrd of the 17th moved that action on Article 3, Section 2, Para graph 3 be postponed until June 9, 1964.

On the motion to postpone, the ayes were 26, nays 15, and the motion prevailed.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by striking Article 3, Section 3, Paragrah 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Jurisdiction. The Court of Appeals shall have appellate jurisdiction from all the trial courts of this State in such cases as may be prescribed by the rules of the Supreme Court not inconsistent with the laws of this State or this Constitution, and shall have the power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. The Court of Appeals may certify a question or questions or cases to the Supreme Court for answer or determination and shall do so in the event of an equal division between the Judges of the Court of Appeals."
On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.

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JOURNAL OP THE SENATE,

Senator Johnson of the 38th offered the following amendment:

Amend HR 6 by adding in Article 3, Section 5, Paragraph 2 after the words "less than two-thirds of the compensation received by him at the time of his retirement" the following: ": provided however, any justice or judge during the term of office he is serving at the time of the effective date of this Constitution shall not be required to retire at age seventy but he may elect to do so and shall receive the pension or compensation herein provided".

On the adoption of the amendment, the ayes were 15, nays 18, and the amendment was lost.

Senator Johnson of the 38th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6-1 by striking Article 3, Section 5, Paragraph 2 and by substituting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Retirement and Retirement Benefits. The Gen eral Assembly may provide by law for retirement pay for justices of the Supreme Court and judges of the Court of Appeals who retire after reaching the age of sixty-five. Such retirement pay shall not exceed two-thirds of their regular compensation being received from the State at the time of reaching age sixty-five. No retirement pay shall be paid to any retired justice of the Supreme Court or judge of the Court of Appeals unless he has served at lease ten years on the Supreme Court, or the Court of Appeals, or both, or unless he shall have served at least ten years as Supe rior Court judge and at least five years as judge of the Supreme Court or Court of Appeals. Such retirement pay shall be made available according to the law governing the State Employees' Re tirement System or otherwise as the General Assembly may pro vide, except that for justices or judges first taking office after the effective date of this Constitution such retirement pay shall be made available according to the law governing the State Employees' Retirement System and not otherwise. Any justice or judge while receiving retirement pay shall not engage in the practice of law and shall not be eligible to election or appointment to any other office in this State. Every justice or judge, except those in office at the effective date of this Constitution, shall retire on the first day of January next after the general election nearest his seven tieth birthday and his successor shall be elected in such election."

On the adoption of the amendment, the aye swere 19, nays 17, and the amendment was lost.

MONDAY, JUNE 8, 1964

409

Senator Smalley of the 28th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment.

Senator Smalley of the 28th moved that the Committee postpone further action on Article 3, Section 5, Paragraph 2 until June 9, 1964, and the motion prevailed.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 and more particularly Article 3, Section 6, Paragraph 1 by striking in the second line and in the fifth line the words "or judge emeritus".

On the adoption of the amendment, the ayes were 31, nays 1, and the amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend HR 6 by striking Article 3, Section 7, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Circuits and Judges. The General Assembly shall, as may be necessary, subdivide the State into judicial circuits and provide for a superior court in each county of such circuits. There shall be a judge of the superior courts for each judicial cir cuit, whose term of office shall be six years, and until his successor is elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore pro vided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge."

On the adoption of the amendment, the ayes were 28, nays 1, and the amendment was adopted.
On the adoption of Article 3, Section 7, Paragraph 2, Senator Thomas of the 54th called for the ayes and nays, and the call was sustained.

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JOURNAL OP THE SENATE,

A roll call was ordered, and the vote was as follows:

Voting in the affirmative was Senator Knox.

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Conway Downing
Ellis Gayner Gillis Gordy Hall

Heard Holloway Hunt Johnson of 38th Kendrick Lee Loggins
Maclntyre Miller Moore McKinnon Noble

Phillips Plunkett Rowan Salome Scott Searcey Smalley
Spinks Thomas Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 1, nays 36, and the para graph was not adopted.

Senator Smalley of the 28th gave notice that at the proper time he would move that the Committee reconsider its action on the section.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking from Article 3, Section 8, Paragraph 2 the following: "They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by law.", and substituting in lieu thereof one sentence to read as fol lows: "The superior courts shall have appellate jurisdiction to review the judgments of inferior courts in the manner prescribed by law and such other appellate jurisdiction as may be provided by law."

Senator Gayner of the 5th offered the following amendment to the Smalley amendment to Article 3, Section 8, Paragraph 2:
Amend the amendment to Article 3, Section 8, Paragraph 2 of HR 6 by striking the word "law" wherever the same appears in Para graph 3 and by substituting in lieu thereof the phrase "rules of the Supreme Court".

The amendment was adopted.

MONDAY, JUNE 8, 1964

411

The Smalley amendment was adopted as amended. Senator Smalley offered the following amendment:

Amend HR 6, Article 3, Section 9, Paragraph 2 by striking the same in its entirety and by substituting a new Paragraph 2 to read as follows:

"Paragraph 2. Retirement and Retirement Benefits. The Gen eral Assembly may provide by law for retirement pay for judges of Superior Courts who retire after reaching the age of sixty-five. Such retirement pay shall not exceed two-thirds of their regular compensation being received from the State at the time of reaching age sixty-five. No retirement pay shall be paid to any retired judge of the Superior Courts unless he has served nineteen years as a judge of such court. Such retirement pay shall be made available according to the law governing the State Employees' Retirement System or otherwise as the General Assembly may provide, except that for justices or judges first taking office after the effective date of this Constitution such retirement pay shall be made avail able according to the law governing the State Employees' Retire ment System and not otherwise. Any justice or judge while re ceiving retirement pay shall not engage in the practice of law and shall not be eligible to election or appointment to any other office in this State. Every judge, except those in office at the effective date of this Constitution, shall retire on the first day of January next after the general election nearest his seventieth birthday and his successor shall be elected in such election."

Senator Scott of the 23rd offered the following amendment to the Smalley amendment:
Amend the Smalley amendment by adding after the word "state" on line 5 of said paragraph 2 of Article 3, Section 9, the words "or any county supplement".

On the adoption of the Scott amendment to the Smalley amendment, the president ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Carlton Downing Gordy Hunt Kendrick

Knox Loggins Noble Phillips Salome

Scott Thomas Young

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th

Carter Conway Ellis

Gayner Heard Holloway

412
Johnson of 38th Lee Maclntyre Moore

JOURNAL OP THE SENATE,

McKinnon Plunkett Rowan Smalley

Spinks Wesberry Yancey

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 13, nays 20, and the amendment was lost.

Senator Scott of the 23rd gave notice that at the proper time he would move that the Senate reconsider its action on the amendment to the Smalley amendment.

Senator Carlton of the 21st asked unanimous consent that action on the Smalley amendment be postponed to June 9, 1964, and the motion prevailed.

Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.

The motion prevailed, and the Senate resumed the regular order of business.

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

TUESDAY, JUNE 9, 1964

413

Senate Chamber, Atlanta, Georgia, Tuesday, June 9, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Leon Willingham, pastor, Columbia Presbyterian Church, Decatur, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Pincher Gayner Gillis Gordy Hall Harris Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens

Pelham Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions.

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JOURNAL OF THE SENATE,

4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to-wit:

HB 62. By Ware of Troup, Spikes of Troup:
A bill to abolish the justice courts, the offices of justice of the peace, the offices of the notary public ex-officio justices of the peace, the offices of constable in the 655th Militia District of Troup County, Ga.; and for other purposes.

HB 66. By Wilson, Flournoy and Teague of Cobb:
A bill to amend an act creating a new charter for the City of Marietta; and for other purposes.

HB 58. By Barber of Jackson:
A bill to create and establish the Jackson County Airport Authority; and for other purposes.

The clerk was directed to return the following bill of the House to the Senate to correct a typographical error:

HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend, consolidate, revise and supersede an Act incorporating the town of Elizabeth; and for other purposes.

The following bills and resolution were introduced, read the first time, and referred to committees:

TUESDAY, JUNE 9, 1964

415

SR 37. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to provide the procedure for the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County; and for other purposes.
Referred to Committee on Rules.

HB 58. By Mr. Barber of Jackson:
A bill to create and establish the Jackson County Airport Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 62. By Messrs. Ware and Spikes of Troup:
A bill to abolish the justice courts, the offices of justice of the peace, the offices of the notary public ex-officio justices of the peace, the offices of constable in the 655th Militia District of Troup County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 66. By Messrs. Wilson, Flournoy and Teague of Cobb:
A bill to amend an act creating a new charter for the City of Marietta; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bill was read the second time:

HB 64. By Messrs. Wilson, Plournoy and Teague of Cobb:
A bill to create a Board of Commissioners of Roads and Revenues of Cobb County; and for other purposes.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following reso lutions of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:

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JOURNAL OF THE SENATE,

HR 33. Do Pass. HR 57. Do Pass as Amended.
Respectfully submitted, Rowan of 8th District, Secretary.

Senator Carlton of the 21st asked unanimous consent that the Senate resolve itself into a Committee of the Whole for the purpose of considering the follow ing resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The consent was granted.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Ellis of the 44th, moved the adoption of his amendment to Article 2, Section 8, Paragraph 3, which was postponed to today.

On the adoption of the amendment, the ayes were 34, nays 2, and the amend ment was adopted.

On the reconsideration of the amendment of Senator Johnson of the 42nd to Article 2, Section 8, Paragraph 4, the ayes were 18, nays 17, and the amend ment was lost.

Senator Carter of the 14th offered the following amendment, which was postponed from June 4, 1964:
Amend HR 6 by striking Article 2, Section 13, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

TUESDAY, JUNE 9, 1964

417

"Paragraph 1. Salaries of Elective Officers. The General As sembly may prescribe salaries and allowances for all elective offi cers provided for in this Constitution and change the same, but no such change shall increase or diminish the total salary and allow ances of any incumbent during his term of office; except that when two or more elective officers hold the same office but whose terms are not concurrent, salaries of all such officers will be changed at the same time that the salary of any such officer may be changed. Notwithstanding the restrictions above, the General Assembly may change the compensation of any State or county elective officer from a fee system to a salary at any time and fix such salary."

On the adoption of the amendment, the ayes were 28, nays 6, and the amend ment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend Article 3, Section 2, Paragraph 3, subparagraph (b), by striking subparagraph (b) in its entirety and inserting in lieu thereof the following:
"(b) The Supreme Court shall by rule govern admission to the bar and otherwise regulate the practice of law, organization of the bar, standards of professional conduct, and the discipline of members of the bar.
"No such rule shall deprive any member of the bar to the right to a trial by jury on material issues of fact in the county of his residence upon any disbarment proceeding pursuant to any such rule."

Senator Phillips of the 27th offered the following amendment to the Phillips amendment:
Amend amendment of Senator Phillips of the 27th to Article 3, Section 2, Paragraph 3 (b) of HR 6 by adding after the word "dis barment" in the last paragraph, the words "or suspension".

On the adoption of the amendment to the Phillips amendment, the ayes were 33, nays 1, and the amendment was adopted.

Senator Byrd of the 17th offered the following amendment to the Phillips amendment:
Amend Article 3, Section 2, Paragraph 3 (b) as follows:
By striking the words "on material issues of fact".

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JOURNAL OF THE SENATE,

On the adoption of the amendment to the Phillips amendment, the ayes were 35, nays 1, and the amendment to the amendment was adopted.

On the adoption of the Phillips amendment, as amended, the ayes were 36, nays 1, and the amendment was adopted as amended.

On the adoption of Article 3, Paragraph 2, Section 2 (b), Senator Rowan of the 8th asked unanimous consent that he be recorded as voting "No".

The consent was granted.
Senator Webb of the llth offered the following amendment:
Amend HR 6 by striking Article 3, Section 5, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Retirement and Pensions. The General Assem bly shall provide by law for the payment of compensation or pen sions to retired or disabled justices and judges. The Supreme Court may assign retired justices or judges to perform temporary judicial duties in any court of the State. Every justice and judge shall re tire upon reaching the age of seventy and may retire upon reach ing the age of sixty-five and any justice or judge so retiring under this provision who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals or any combi nation thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been a Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or com pensation which shall be not less than two-thirds of the compen sation received by him at the time of his retirement; provided, however, any justice or judge during the term of office he is serv ing at the time of the effective date of this Constitution shall not be required to retire at age seventy but he may elect to do so and shall receive the pension or compensation herein provided. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any jus tice or judge receiving any such compensation or pension shall not engage in the practice of law."
Senator Smalley of the 28th offered the following amendment to the Webb amendment:
Amend HR 6 by striking from the amendment of Senator Webb of the llth to Article 3, Section 5, Paragraph 2, the words "who has not retired at an earlier age".

TUESDAY, JUNE 9, 1964

419

On the adoption of the Smalley amendment to the Webb amendment, the ayes were 34, nays 0, and the Smalley amendment to the Webb amendment was adopted.

On the adoption of the Webb amendment as amended, the ayes were 31, nays 0, and the Webb amendment was adopted as amended by the Smalley amendment.

Senator Holloway of the 12th offered the following amendment:
Amend HR 6, Article 3, Section 7, by inserting in Article 3, Sec tion 7 a new paragraph to read as follows:
"Paragraph 2. Elections, when to be held. The successors to the present and subsequent incumbents shall be elected by the electors of their circuits entitled to vote for members of the Gen eral Assembly, at the general election held for such members, next preceding the expiration of their respective terms."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6, Article 3, Section 9, Paragraph 2 by striking the same in its entirety and by substituting a new Paragraph 2 to read as follows:
"Paragraph 2. Retirement and Retirement Benefits. The Gen eral Assembly may provide by law for retirement pay for judges of Superior Courts who retire after reaching the age of sixty-five. Such retirement pay shall not exceed two-thirds of their regular compensation being received from the State at the time of reaching age sixty-five. No retirement pay shall be paid to any retired judge of the Superior Courts unless he has served nineteen years as a judge of such court. Such retirement pay shall be made available according to the law governing the State Employees' Retirement System or otherwise as the General Assembly may provide, except that for justices or judges first taking office after the effective date of this Constitution such retirement pay shall be made avail able according to the law governing the State Employees' Retire ment System and not otherwise. Any justice or judge while receiv ing retirement pay shall not engage in the practice of law and shall not be eligible to election or appointment to any other, office in this State. Every judge, except those in office at the effective date of this Constitution, shall retire on the first day of January next after the general election nearest his seventieth birthday and his successor shall be elected in such election."

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE,

Senator Johnson of the 42nd offered the following amendment:

Amend HR 6, by striking in its entirety Paragraph 3, Section 9, Article 3.

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend HR 6 by striking from Article 3, Section 10, Paragraph 1 the words "taking office" and inserting in lieu thereof the following: "his election or appointment".
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

On the adoption of Article 3, Section 10, Paragraph 2, Senator Smalley objected.

On the adoption of Paragraph 2, the ayes were 4, nays 30, and Paragraph 2 was not adopted.

Senator Yancey of the 33rd offered the following amendment:
Amend HR 6 by striking Article 3, Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"SECTION 11
"COURT OF ORDINARY
"Paragraph 1. Jurisdiction and Term. There shall be a court of ordinary in each county which shall have jurisdiction of probate matters and such other matters as may be provided by law. The ordinary shall hold office for a term of four years and until his successor is elected and qualified, and shall perform such duties, judicial and otherwise, as may be prescribed by law."

On the adoption of the amendment, the ayes were 14, nays 18, and the amendment was lost.

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421

Senator Yancey of the 33rd gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 3, Sec tion 11, Paragraph 1.

On the adoption of the amendment to Article 3, Section 11, Paragraph 1, the ayes were 33, nays 0, and the amendment was adopted.

Senator Webb of the llth asked unanimous consent that Article 3, Section 11, Paragraph 2 be deleted.

The consent was granted.

Senator Webb of the llth asked unanimous consent that Article 3, Section 11, Paragraph 3 be deleted.

The consent was granted.

Senator Owens of the 49th offered the following amendment:
Amend HR 6 by striking from Article 3, Section 12, Paragraph 1, Subparagraph (b) the following: "The General Assembly may, without regard to uniformity, abolish the office of justice of the peace in any county or district.", and by adding at the end of Article 3, Section 12, Paragraph 2 the following:
"The General Assembly may, without regard to uniformity, abolish the office of justice of the peace and justice of peace courts in any county or district, provided, however, that no such abolition shall become effective until approved by a majority of the quali fied voters of the county or district affected, voting in an election held for that purpose."

On the adoption of the amendment, the ayes were 19, nays 14, and the amendment was lost.
Senator Owens of the 49th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 3, Section 12, Paragraph 1.
Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 3, Section 12 in its entirety.

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JOURNAL OP THE SENATE,

On the adoption of the amendment, the ayes were 35, nays 2, and the amend ment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 3, Section 13, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"SECTION 13
"VENUE AND JURY TRIAL
"Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases where the judge is satisfied that an impartial jury cannot be obtained in such county, in which case venue shall be changed as may be provided by law. To the end that no crime may go un punished, the venue for the trial of criminal cases where the county of commission cannot be ascertained or where the crime was com mitted in two or more counties shall be as may be prescribed by law."

Senator Gayner of the 5th offered the following amendment to the Phillips amendment:
Amend the amendment to Article 3, Section 13, Paragraph 1 by adding after the first sentence the following:
"Provided, however, that venue shall not be changed in any case unless such change is requested by the defendant."
On the adoption of the Gayner amendment to the Phillips amendment, the ayes were 30, nays 1, and the amendment to the amendment was adopted.
On the adoption of the Phillips amendment as amended, the ayes were 33, nays 0, and the Phillips amendment was adopted as amended.
Senator Phillips of the 27th offered the following amendment to HR 6:
By striking Article 3, Section 13, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Venue in Civil Cases. All civil cases shall be tried in the counties where the defendant resides unless as other wise provided by law."

TUESDAY, JUNE 9, 1964

423

On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.

By unanimous consent, action on Article 3, Section 13, Paragraph 3 was deferred.

Senator Gayner of the 5th offered the following amendment:
Amend HE 6 by striking Article 4, Section 1, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Qualifications of Elected Executive Officers. No person shall he eligible to hold any elected executive office of this State unless he shall have been a citizen of the United States for at least fifteen years and shall have resided in this State at least six years next preceding his election and shall be at least thirty years of age when elected. No person shall be elected or appointed Attorney General unless at the time of his election or appointment he shall have practiced law for at least seven years and shall be qualified at the time of his election to practice law in the courts of this State. The Governor shall not be eligible to succeed himself and shall not be eligible to hold such office until after the expiration of four years from the conclusion of his term of office."

On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.

On the adoption of Article 4, Section 1, Paragraph 4, Senator Carlton of the 21st objected.

On the vote, the ayes were 0, nays 42, and the section was not adopted.

Senator Phillips of the 27th offered the following amendment:
Amend HR 6, by inserting in Article 4, Section 2, Paragraph 2, between the word "forces" and the word "of" the word "and", so that when so amended Paragraph 2 shall read as follows:
"Paragraph 2. Commander-in-Chief. The Governor shall be Commander-in-Chief of the defense and disaster forces and of the militia of the state."

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JOURNAL OP THE SENATE,

On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by striking Article 4, Section 2, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death until the State Board of Pardons and Paroles shall have an oppor tunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason the Governor may only suspend the exe cution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve."

On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 4, Section 2, Paragraph 5 in its entirety and inserting in lieu thereof a new Paragraph 5 to read as follows:
"Paragraph 5. Filling Vacancies. When any office shall be come vacant by death, resignation or otherwise, the Governor shall have power to fill such vacancy unless otherwise provided by law, except that the Governor shall order elections to fill all vacancies in the General Assembly where such vacancy would cause a dis trict or county to be without full representation during a session of the General Assembly."
On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by striking Article 4, Section 2, Paragraph 6 in its entirety and inserting in lieu thereof a new Paragraph 6 to read as follows:

TUESDAY, JUNE 9, 1964

425

"Paragraph 6. Information and Recommendations to the Gen eral Assembly. The Governor shall give the General Assembly, at the beginning of each regular session and from time to time, infor mation of the state of the State and recommend to its considera tion such measures as he may deem necessary or expedient."

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking Article 4, Section 2, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:
"Paragraph 7. Extraordinary Sessions of the General Assem bly. The Governor may convene the General Assembly in extra ordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session. The General Assembly shall be convened in extraordinary session for all purposes whenever three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate certify to the Secretary of State that in their opinion an emergency exists in the affairs of the State. Immedi ately after the receipt of such certification, the Secretary of State shall notify each member that the General Assembly is convened and the session shall begin two days after receipt of such certifi cation by the Secretary of State. An extraordinary session convened by the Governor shall not exceed seventy days in length and an extraordinary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed."

Senator Smalley of the 28th asked unanimous consent that action on the amendment to Article 4, Section 2, Paragraph 7, be deferred.

The consent was granted.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 4, Section 2, Paragraph 8 in its entirety; and

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JOURNAL OF THE SENATE,

By renumbering Article 4, Section 2, Paragraph 9 as Article 4, Section 2, Paragraph 8.

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.

Senator Carter of the 14th offered the following amendment:

Amend HR 6 by striking Article 4, Section 3, Paragraphs 2 and 3 in their entirety and inserting in lieu thereof one new paragraph to be numbered Paragraph 2 to read as follows:

"Paragraph 2. Exercise of Executive Powers. In case of death, resignation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the com pensation of the Governor for the unexpired term. He may then succeed himself as Governor. In case of the disability of the Gover nor, the Lieutenant Governor shall exercise the executive power until the removal of such disability. If the Lieutenant Governor shall succeed to the executive power, or in case of death, resigna tion or removal from office, his successor shall be elected at the next regular election for other state executive officers."
On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
Senator Yancey of the 33rd offered the following amendment:
Amend HR 6 by striking the last sentence of Article 4, Section 4, Paragraph 1 in its entirety.
On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.
Senator Yancey of the 33rd offered the following amendment:
Amend HR 6 by striking the next to the last sentence of Article 4, Section 4, Paragraph 2 in its entirety.
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

TUESDAY, JUNE 9, 1964

427

Senator Carter of the 14th asked unanimous consent that Article 4, Sections 6 and 7 be deferred until June 10, 1964.

The consent was granted.

Senator Smalley objected to the adoption of Article 4, Section 8, Paragraph 1 (b).

On the adoption of the paragraph, Senator Loggins of the 53rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd Carlton Ellis Pincher Gayner Gillis Hall Holloway

Hunt Johnson Kendrick Kidd Knox Lee Loggins Miller Moore Noble

Those voting in the negative were Senators:

Broun of 46th Carter Conway Downing Johnson of 42nd

Maclntyre McWhorter Phillips Salome Smalley

Oliver Pennington Plunkett Rowan Searcey Smith Spinks Webb Young
Thomas Tribble Wesberry Yancey

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 30, nays 14, and the paragraph was adopted.

Senator Gayner of the 5th objected to the adoption of Article 4, Section 8, Paragraph 1 (c).

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JOURNAL OF THE SENATE,

On the adoption of the paragraph, Senator Loggins of the 53rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Ellis Gillis Gordy Hall Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon Noble Pelham

Those voting in the negative were Senators:

Carter Conway Downing

Gayner Johnson of 38th Salome

Phillips Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Yancey Young
Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 36, nays 7, and the para graph was adopted.

On the adoption of Article 4, Section 8, Paragraph 1 (d), Senator Yancey of the 33rd objected.

On the adoption of the paragraph, Senator Loggins of the 53rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Ellis

Gillis Gordy Hall Heard Holloway Hunt

Kendrick Kidd Knox Lee Loggins Miller

Moore McKinnon Noble Pelham

TUESDAY, JUNE 9, 1964

429

Rowan Searcey Smith Tribble

Webb Young

Those voting in the negative were Senators:

Carter Conway Downing Gayner Johnson of 42nd

Maclntyre Phillips Plunkett Salome Smalley

Spinks Thomas Wesberry Yancey

By unajiimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 28, nays 14, and the para graph was adopted.

Senator Smalley of the 28th objected to the adoption of Article 4, Section 8, Paragraph 1 (e).

On the adoption of the paragraph, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Ellis Gillis Gordy Hall Heard

Holloway Hunt Johnson of 38th Kendrick Kidd KnoxLee Loggins Moore McKinnon

Noble Plunkett Rowan Searcey Smith Spinks Tribble Webb Young

Those voting in the negative were Senators:

Carter Conway Downing Gayner

Johnson of 42nd Maclntyre Phillips Salome

Smalley Wesberry Yancey

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JOURNAL OP THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 29, nays 11, and the para graph was adopted.

Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.

The motion prevailed, and the Senate resumed the regular order of business.

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

WEDNESDAY, JUNE 10, 1964

431

Senate Chamber, Atlanta, Georgia, Wednesday, June 10, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by Dr. D. D. Harris, pastor, Clarkston Baptist Church, Clarkston, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens

Pelham Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.
Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions.

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JOURNAL OF THE SENATE,

3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House to-wit:

HR 50. By Messrs. Harrington and Chandler of Baldwin:
A resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; and for other purposes.

The House has adopted the following resolution of the House to-wit:
HR 85. By Rainey of Crips, Johnson of Warren and many, many others: A resolution commending the officials of the Atlanta Times; and for other purposes.
The following resolution was read and adopted:
HR 85. By Messrs. Rainey of Crisp, Johnson of Warren, Coker of Turner, Snow of Walker and many, many others: A resolution commending the officials of The Atlanta Times; and for other purposes.
The following resolution was introduced, read the first time, and referred to a committee:

HR 50. By Messrs. Harrington and Chandler of Baldwin:
A resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; and for other purposes
Referred to Committee on Rules

WEDNESDAY, JUNE 10, 1964

433

The following bills and resolution were read the second time:

SR 37. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to pro vide the procedure for the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County; and for other purposes.

HB 58. By Mr. Barber of Jackson:
A bill to create and establish the Jackson County Airport Authority; and for other purposes.

HB 62. By Messrs. Ware and Spikes of Troup:
A bill to abolish the justice courts, the offices of justice of the peace, the offices of the notary public ex-officio justices of the peace, the offices of constable in the 655th Militia District of Troup County; and for other purposes.

HB 66. By Messrs. Wilson, Flournoy and Teague of Cobb:
A bill to amend an act creating a new charter for the City of Marietta; and for other purposes.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following reso lution of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 48. Do Pass. Respectfully submitted,
Rowan of 8th District, Secretary.

Senator Carlton of the 21st asked unanimous consent that the Senate resolve itself into a Committee of the Whole for the purpose of considering the follow ing resolution of the House:

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JOURNAL OP THE SENATE,

HE 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The consent was granted.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Byrd of the 17th asked unanimous consent that the Committee reconsider its action of yesterday on Article 3, Section 9, Paragraph 2.

The consent was granted.

On the adoption of Article 4, Section 8, Paragraph 1 (f), Senator Yancey of the 33rd objected.

Senator Byrd of the 17th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd Carlton Downing Ellis Gillis Gordy Hall Heard Holloway

Hunt Kendrick Kidd Knox Lee Miller Moore McKinnon McWhorter Noble Owens

Pelham Phillips Plunkett Rowan Salome Scott Smith Spinks Webb Young

Those voting in the negative were Senators:

Conway Gayner Johnson of 42nd

Maclntyre Smalley Thomas

Tribble Wesberry Yancey

By unanimous consent, verification of the roll call was dispensed with.

WEDNESDAY, JUNE 10, 1964

435

On the adoption of the sub-paragraph, the ayes were 32, nays 9, and the section was adopted.

Senator Yancey of the 33rd asked unanimous consent that he be recorded as voting "No" on the paragraph.

The consent was granted.

Senator Thomas of the 64th asked unanimous consent that he be recorded as voting "No" on the paragraph.

The consent was granted.

On the adoption of Article 4, Section 8, Paragraph 1 (g), Senator Smalley of the 28th objected.

Senator Carlton of the 21st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd Carlton Gillis Hall Heard

Holloway Hunt Kendrick Kidd Knox Lee Moore

McKinnon Noble Rowan Scott Spinks Webb Young

Those voting in the negative were Senators:

Broun of 46th Carter Conway Downing Gayner Gordy Johnson of 42nd

Johnson of 38th Maclntyre McWhorter Owens Phillips Plunkett Salome

Smalley Thomas Tribble Wesberry Yancey

By unanimous consent, verification of the roll call was dispensed with.

436

JOURNAL OP THE SENATE,

On the adoption of sub-paragraph (g), the ayes were 21, nays 19, and sub-paragraph (g) was not adopted.

Senator Downing of the 1st asked unanimous consent that he be recorded as voting "no".

The consent was granted.
Senator Gayner of the 5th asked unanimous consent that he be recorded as voting "no".

The consent was granted.

Senator Carlton of the 21st gave notice that at the proper time he would move that he Committee reconsider its action on Article 4, Section 8, Para graph 1 (g).

On the adoption of Article 4, Section 8, Paragraph 2, Senator Maclntyre of the 40th objected.

Senator Carlton of the 21st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Downing Ellis Fincher Gayner Gillis Gordy Hall Har risen

Heard Holloway Hunt Jackson Johnson of 38th Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon

Noble Owens Phillips Plunkett Rowan Salome Scott Smalley Spinks Tribble Webb Yancey Young

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437

Those voting in the negative were Senators:

Conway Johnson of 42nd

Maclntyre McWhorter

Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the paragraph, the ayes were 39, nays 5, and the para graph was adopted.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 4, Section 7, in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Paragraph 1. Election of Executive Officers. The first elec tion for Governor, Lieutenant Governor, Secretary of State, At torney General, Comptroller General, Treasurer, State School Su perintendent, Commissioner of Agriculture, and Commissioner of Labor under this Constitution shall be held at the time of the General Election in 1966 and quadrennially thereafter on the date fixed by law. All such officers shall be elected in the manner pre scribed for the election of members of the General Assembly and such officers shall be installed in office at the next regular annual session of the General Assembly subsequent to their election.
"Paragraph 2. Returns of Elections. The returns for every election of said officers shall be sealed by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to such person or authority as provided by law, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Repre sentatives.
"Paragraph 3. Publication of Returns. The members of both houses of the General Assembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Representatives shall open and publish the returns under the direction of the General Assembly. The person having the majority of the whole number of votes shall be declared duly elected to each of said offices. Whenever no person is elected in the general elec tion to fill such office, or whenever any person elected shall die or withdraw prior to taking office, then the Secretary of State shall thereupon call a special election to fill such position as pro vided by law. The incumbent officer shall continue to serve until his successor can be elected and qualfied."

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The amendment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 4, Section 6, Paragraphs 1, 2, 3, 4 and 5 in their entirety and inserting in lieu thereof one new para graph as follows:
"Paragraph 1. Number; Term of Office; Vacancies. There shall be a Solicitor General for each judicial circuit elected, and appointed as necessary, in the same manner as the respective cir cuit Superior Court Judges, who shall represent the State in all criminal cases in the Superior Courts of his circuit, and all crimi nal cases taken up from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office, quali fications, other duties and compensation shall be prescribed by the General Assembly."

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.

Senator Wesberry of the 37th asked unanimous consent that he be recorded voting "No" to Article 4, Section 8.

The consent was granted.

Senator Gayner of the 5th offered the following amendment to Article 1, Section 1, Paragraph 14, which was postponed to today:
Amend HR 6 by striking Article 1, Paragraph 14 in its entirety and inserting in lieu thereof a new Paragraph 14 to read as follows:
"Paragraph 14. Searches and Seizures. The right of the peo ple to be secure in their persons, houses, places of business, papers and effects against unreasonable searches and seizures, shall not be violated. No warrant for search or seizure shall issue except upon probable cause, supported by oath or affirmation, that evi dence of crime may be thus obtained, and particularly describing the place to be searched and the persons or things to be seized. The right of the people to be secure in their privacy is embraced within the absolute rights of personal security and personal lib erty and includes but is not limited to voluntary conversations. The right of privacy shall not be violated. Evidence obtained in viola tion of this Paragraph shall not be admissible in any court against any person."

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439

On the adoption of the amendment, Senator Tribble of the 3rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Byrd Carlton Carter Conway Downing Ellis Gayner Gordy

Hunt Jackson Johnson of 38th Kendrick Knox Lee Maclntyre Miller McKinnon Oliver

Pelham Phillips Salome Scott Smith Tribble Webb Yancey Zorn

Those voting in the negative were Senators:

Brown of 34th Gillis Harrison Heard Holloway

Johnson of 42nd Kidd Noble Owens Plunkett

Rowan Smalley Thomas Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 29, nays 15, and the amendment was adopted.

Senator Johnson of the 42nd offered the following amendment:

Amend HR 6 by striking Article 1, Section 4 in its entirety.

The amendment was adopted.
Senator Owens of the 49th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 3, Section 12, Paragraph 1 (b).
Senator Salome of the 36th offered the following amendment:

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Amend HR 6 by adding at the end of Section 13, Article 3, a new Paragraph to be numbered as Paragraph 4 to read as follows:

"Paragraph 4. Appearance before Grand Juries. No person against whom an indictment is being considered may appear be fore any grand jury in his own behalf, either in person or by counsel. Nothing herein shall be construed so as to prevent persons from testifying before a grand jury on any matter which does not affect such witness."

Senator Yancey of the 33rd offered the following amendment to the Salome amendment:
Amend the amendment of Senator Salome to HR 6 by striking the word "may" and insert in lieu thereof the words "shall have the right to".

On the adoption of the Yancey amendment to the Salome amendment, the ayes were 29, nays 1, and the Yancey amendment to the Salome amendment was adopted.

On the adoption of the Salome amendment, as amended, Senator Gayner of the 5th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Maclntyre Moore McWhorter Owens Pelham

Those voting in the negative were Senators:

Carlton Fuqua Gillis Hall

Jackson McKinnon Noble Oliver

Phillips Plunkett Salome Scott Smalley Smith Thomas Tribble Wesberry Yancey Young
Rowan Spinks Webb Zorn

By unanimous consent, verification of the roll call was dispensed with.

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441

On the adoption of the amendment, as amended, the ayes were 37, nays 13, and the Salome amendment was adopted as amended.

Senators Smalley of the 28th and Byrd of the 17th offered the following amendment:

Amend HR 6 by striking Article 3, Section 9, Paragraph 2 in its entirety and by substituting a new Paragraph 2 to read as follows:
"Paragraph 2. Retirement and Retirement Benefits. The Gen eral Assembly may provide by law for retirement pay for judges of Superior Courts who retire after reaching the age of sixty-five. Such retirement pay shall not exceed two-thirds of their regular compensation being received from the State at the time of reaching age sixty-five. Such retirement pay shall be made available accord ing to the law, rules and regulations governing the Employees' Retirement System of Georgia and not otherwise, provided that service as judge of Superior Court only shall count as service for retirement; provided further, that as to any judge in office on the effective date of this Constitution, he may elect to come under these provisions or may elect to retire under the provisions of law respecting retirement heretofore in effect. Any judge while receiv ing retirement pay shall not engage in the practice of law and shall not be eligible to election or appointment to any other office in this State. Every judge, except those in office at the effective date of this Constitution, shall retire on the first day of January next after the general election nearest his seventieth birthday and his successor shall be elected in such election."

On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend HR 6 by striking from Article 5, Section 1, Paragraph 1, Subparagraph (a) in its entirety and substituting in lieu thereof a new Subparagraph (a) to read as follows:
"(a) The power of taxation shall remain at all times under the control of the General Assembly as the representative of the people. All tax exemptions, exclusions, deductions, credits or other tax benefits shall always remain matters of grace, and neither the General Assembly, any department or official, any division of government, nor government at any level shall have any authority in any manner, to surrender, suspend or otherwise limit the exer cise of such power irrevocably."

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On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

Senators Johnson of the 42nd, Holloway of the 12th and Smalley of the 28th offered the following amendment:
Amend HR 6 by designating the second paragraph of Subparagraph (a) of Article 5, Section 1, Paragraph 2, as Subparagraph (b) ; and
By adding a new Subparagraph to be known as Subparagraph (c) to read as follows:
"(c) The General Assembly may provide for a classification, or classifications, of tangible personal property held as inventory for manufacturing, processing or distribution (not including sale at retail) separately from other tangible property. It may provide for the valuation of inventories on the basis of their average value held during the tax year instead of their value on January 1 and for a different basis, or bases, of assessment therefor."
and
By redesignating Subparagraph (b) of Article 5, Section 1, Para graph 2, as Subparagraph (d).

On the adoption of the amendment, the ayes were 40, nays 1, and the amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend HR 6 by striking Subparagraph (a) in its entirety from Article 5, Section 1, Paragraph 3, and substituting in lieu thereof a new Subaragraph (a) to read as follows:
"(a) The General Assembly may exempt any of the follow ing property, or any combination thereof, from taxation under such definitions, conditions, and limitations as it may prescribe; all laws exempting property from taxation, other than the property enum erated in this Constitution, shall be void."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
Senator Rowan of the 8th asked unanimous consent that action on Article 5, Section 1, Paragraph 3 (a) (8) be postponed until June 11, 1964.

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443

The consent was granted.

Senator Brown of the 34th offered the following amendment:
Amend HR 6 by striking Article 5, Section 1, Paragraph 3 (a) (11), which reads as follows:
"(11) Tangible personal property comprising the inventory of a manufacturer or processor resulting from or used in manu facturing or processing in this State, whether raw materials, goods being manufactured or processed or finished products, remaining in the hands of the manufacturer or processor but only for the year next after their production, processing or acquisition. Pro vided that any such exemption shall not be effective in any politi cal sub-division of this State unless the same is approved by the electors of such sub-division in a referendum election held for that purpose.",
in its entirety.

On the adoption of the amendment, the ayes were 23, nays 18, and the amendment was lost.

Senator Brown of the 34th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment.

Senator Smalley of the 28th objected to the adoption of Article 5, Section 1, Paragraph 3 (a) (11).

Senator Brown of the 34th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Gillis Hall Harrison Heard Holloway Hunt

Moore McKinnon Owens Pennington Plunkett Rowan

Salome Spinks Thomas Tribble Wesberry Zorn

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Those voting in the negative were Senators:

Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher

Fuqua Gayner Gordy Johnson of 42nd Kendrick Kidd Knox Lee Maclntyre McWhorter

Noble Pelham Phillips Scott Searcey Smalley Smith Webb Yancey

By unanimous consent, verification of the roll call was dispensed with.

On adoption of the paragraph, the ayes were 18, nays 29, and the para graph was lost.
Senator Heard of the 29 gave notice that at the proper time he would move that the Committee reconsider its action on the paragraph.
Senator Webb of the llth offered the following amendment:
Amend HE 6 by striking Article 5, Section 1, Paragraph 3 (e) in its entirety and inserting in lieu thereof a new Subparagraph (e) to read as follows:
"(e) In an amount not to exceed $2,000 of its value, the home stead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250. An exemption hereunder must be claimed in the man ner prescribed by the General Assembly, and the General Assembly may further define the homestead entitled to exemption hereunder except that a homestead as contemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
Senator Heard of the 29th offered the following amendment:
Amend HR 6 by striking from the second paragraph of Article 5, Section 1, Paragraph 3 (e) the following:

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445

"which term shall include tax free income", and inserting in lieu thereof the following:

"which term shall include all tax free income except income received pursuant to the provisions of the Social Security Act".

On the adoption of the amendment, the ayes were 21, nays 10, and the amendment was lost.

Senator McWhorter of the 43rd gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 5, Section 1, Paragraph 3 (e).

Senator Webb of the llth offered the following amendment:
Amend HE 6 by adding to Article 5, Section 1, Paragraph 3 a new Subparagraph to be known as Subparagraph (f) to read as follows:
"(f) Each person who is sixty-five (65) years of age or over and who does not have an income from all sources, including tax free income, exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State, county, and county or area school taxes, except to pay in terest on and to retire bonded indebtedness. The value of the resi dence in excess of $4,000.00 shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemp tion unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax com missioner or tax receiver shall provide affidavit form for this pur pose."
By redesignating Subparagraph (f) and (g) as (g) and (h).
On the adoption of the amendment, the president called for the ayes and nays and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd

Carlton Coggin Conway

Downing Ellis Pincher

446
Gayner Gillis Gordy Harrison Heard Hunt Jackson Johnson Kendrick Kidd Knox

JOURNAL OF THE SENATE,

Lee Maclntyre Miller McKinnon McWhorter Noble Owens Pelham Plunkett Rowan Salome

Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.

Senator Johnson of the 42nd objected to the adoption of Article 5, Section 1, Paragraph 3 (g).

Senator Johnson of the 42nd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Byrd Carlton Gayner Gillis Holloway

Jackson McKinnon Noble Oliver Salome Smith

Spinks Webb Young Zorn

Those voting in the negative were Senators:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Gordy Harrison Heard

Hunt Johnson of 42nd Kidd Knox Lee Maclntyre McWhorter Owens Pelham Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Thomas Tribble Wesberry Yancey

By unanimous consent, verification of the roll call was dispensed with.

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447

On the adoption of the paragraph, the ayes were 16, nays 30, and the para graph was not adopted.

Senator Gayner of the 5th gave notice that at the proper time he would move that the Committee reconsider its action on Article 5, Section 1, Paragraph 3 (g).

Senator Webb of the llth offered the following amendment:

Amend HR 6 by striking in its entirety Paragraph 5 of Article 5,
Section 1, and substituting in lieu thereof a new Paragraph 5 to read as follows:
"Paragraph 5. Local Taxation. The General Assembly may authorize any county, or municipal corporation or other political subdivision to exercise the power of taxation for any public pur pose as authorized by law or by this Constitution, and unless other wise provided by this Constitution or by law no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless ex pressly so provided by the General Assembly or this Constitution."

On the adoption of the amendment, the ayes were 35, nays 1, and the amendment was adopted.
Senator Brown of the 34th asked unanimous consent that the Committee delay action on Article 5, Section 2, Paragraph 3, until June llth, 1964.

The consent was granted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by adding to paragraph 4 of Section 2 of Article 5 between the words "officer" and "or" the words "member of any authority, board, bureau or commission" and by adding between the words "or" and "employee" the word "public" so that said section as amended shall read as follows:
"Paragraph 4. Profit on Public Money. It shall be unlawful for any public officer, member of any authority, board, bureau or commission or public employee, including any member or officer

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of the General Assembly, directly or indirectly, to receive any in terest, profit or perquisite from the use, loan or disposition of pub lic funds. The General Assembly shall provide appropriate penalty therefor, including disqualification from holding public office or employment.

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.

The motion prevailed, and the Senate resumed the regular order of business.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority as amended the following bills of the Senate to-wit:

SB 1. By Senators Carlton of 21st, Webb of llth, Jackson of 16th, Gillis of 20th and Zorn of 66th: A bill to provide a comprehensive revision of the election and primary laws and all related laws of this state; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th: A bill to provide a comprehensive revision of the election and primary laws and all related laws of this state; and for other purposes.

The House amendments were as follows:
By Bolton of Spalding: By inserting in the title thereof immediately before the phrase "to
repeal conflicting laws" the following: "to prohibit the sale of intoxi-

WEDNESDAY, JUNE 10, 1964

449

eating beverages on primary or election days;"

By Twitty of Mitchell:
By striking the period at the end of Section 34-102 and inserting a semi-colon and adding the following language:
"provided however it shall not apply to any municipal primary or election."

By Committee:
By striking the words "or provided for" from Subsection (h) of Section 34-103.

By Committee:
By striking the words "assistant manager or managers" from Sub section (j) of Section 34-103 and inserting in lieu thereof the word "assistant".

By Committee:
By striking the semicolon at the end of Subsection (n) of Section 34-103 and inserting in lieu thereof the words "or number slips govern ing admissions to the voting machines;".

By Committee:
By striking the word "entire" wherever it appears in Subsection (u) of Section 34-103 and inserting in lieu thereof the word "total".

By Cullens of Bartow:
By striking from Section 34-105 the words "day prior" as they appear in the 4th line from the bottom and inserting in lieu thereof the words "last day".

By Murphy of Haralson:
By striking Section 34-107 in its entirety and inserting in lieu thereof the following:

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"Section 34-107. Person convicted of certain crimes not to serve as primary or election official or be nominated or elected.--No person shall hold any nomination, party office or public office who has been finally convicted and sentenced in any court of competent jurisdiction for fraudulent violation or primary or election laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this State or any other State or of the United States, unless such person shall have been pardoned."

By Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and others:
By striking Chapter 34-2 in its entirety and inserting a new chapter to read as follows:
Chapter 34-2. State Eelection Board.
Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings.--(a) There is hereby created a State board to be known as the "State Election Board" to be composed of the Secre tary of State, an elector to be elected by a majority vote of the Senate of the General Assembly who shall serve at the pleasure of the Senate, and an elector to be elected by a majority vote of the House of Repre sentatives of the General Assembly who shall serve at the pleasure of the House. No person while a member of the General Assembly shall serve as a member of the Board. If this Code should become effective at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board until such time as an elector is elected by the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until such time as an elector is elected by the House. In the event a vacancy should occur or exist in the office of an elected or appointed member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office served at the pleasure of the Senate, and the Speaker of the House of Repre sentatives shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office served at the pleasure of the House of Representatives. The Secretary of State shall be the Chairman of the Board. Two members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of the quorum to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own government and pro cedure.
(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an advisor to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over

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451

the Board in the exercise of its powers or in the performance of its duties under this Code. An advisor shall receive no compensation from
public funds.

(c) Meetings shall be held whenever necessary to the performance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board and to each advisor prior notice of the time and place of each meeting of the Board.

Section 34-202. Duties of the Board. It shall be the duty of the State Election Board:

(a) To coordinate the work of the Secretary of State, the ordi naries, the registrars, the deputy registrars, the poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and honesty in all elections;

(b) To formulate, adopt and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary; provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated;

(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regulations adopted by the Board;

(d) To investigate when necessary or advisable the administration of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitor general for further investigation and prosecution. The findings of such an investi gation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein;

(e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and

(f) To employ such assistants as may be necessary.

Section 34-203. Authority of Board to institute or intervene in court actions; notice to board.

(a) The State Election Board shall have the right to institute, or to intervene as a party, in any action in any court of this State or of the

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United States, seeking mandamus, injunctive or other relief to compel compliance with any election or primary law of this State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith including the right to seek such relief for any anticipatory breach.

(b) Any petition seeking any of the relief authorization in subparagraph (a) above shall be filed in the superior court of the residence of the superintendent charged with the conduct of the election or primary in which it is alledged that there was or will be fraud or other illegal conduct, and all proceedings shall be heard and presided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such judge or in the event of the refusal of such judge to act, by that judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.
(c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Election Board.
(d) Upon any action being filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tabu lation or certification of any election or primary, except those instituted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the chairman thereof by mailing a copy to the chairman by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.

(e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of exceptions as provided by law. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Section 34-204. Evidence; hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of wit nesses. The Board, in investigating the administration of election laws within a county or any frauds or irregularities in elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he should reside more than

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453

one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the production of an appro priate return receipt issued by the United States Post Office shall con stitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attend ing, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

Section 34-205. Compensation of members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall receive his necessary travelling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the chairman of the Board shall receive no per diem.

By Groover of Bibb:
By inserting in Section 34-401 (d) the word "(except voting ma chines and voting recorders)" after the word "equip".

By Groover of Bibb:
By inserting in Section 34-401 (e) after the word "purchase" the following:
"(except voting machines and voting recorders)".

By Murphy of Haralson:
By adding at the end of subsection (f) of Code Section 34-401, the following:
"However, in those counties that have a Justice of the Peace in each voting precinct such Justice of the Peace shall serve as election managers and appoint such assistant managers as are provided by this Act. In the event said Justice of the Peace shall fail or refuse to act or in the event there is a vacancy in the office of Justice of the Peace, then the ordinary shall designate the poll officers for such precinct;",

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so that when so amended, subsection (f) shall read as follows:

"(f) To appoint poll officers and other officers to serve in elections in accordance with the provisions of this Code. However, in those counties that have a Justice of the Peace in each voting precinct such Justice of the Peace shall serve as election managers and appoint such assistant managers as are provided by this Act. In the event said Justice of the Peace shall fail or refuse to act or in the event there is a vacancy in the office of Justice of the Peace, then the ordinary shall designate the poll officers for such precinct;".

By Twitty of Mitchell:
By inserting the word "it" in Section 34-402 after the word "that" in the third line and striking the word "be" and inserting the word "deem".

By Committee:
By striking the word "machines" from Section 34-402 (3rd line, p. 21) and inserting in lieu thereof the words "machines, vote recorders".
By Committee:
By striking the words "assistant manager or managers" from Sec tion 34-501 and inserting in lieu thereof the words "two assistant".
By DeKalb Delegation:
By striking from Section 34-603 the figures "200,000" wherever they appear and inserting in lieu thereof the figures "500,000".
By Murphy of Haralson:
Section 34-603, Subparagraph (a)--by striking the words: "who shall serve the unexpired term"
and inserting in lieu thereof the words:
"who shall serve until the next grand jury convenes at which time a successor shall be appointed or hereinabove provided for the unexpired term".
And by striking the next to last sentence which reads as follows: "He shall have the right to require the grand jury to recom mend two persons for each vacancy if he so desires."

WEDNESDAY, JUNE 10, 1964

455

By Committee:

By striking the words "and the judge" from the fourth sentence of Subsection (b) of Section 34-603 and inserting in lieu thereof the word "who".

By Brooks of Fulton:
By striking from Section 34-603, Subsection (d), commencing on line 16 of page 30, the following language:
"The governing authority of the county shall have the right to remove one or more of such registrars at any time, for cause, after notice and hearing."

By Murphy of Haralson:
By changing the period after the word "tax collector" in Section
34-605 to a comma and adding the following words:
"or to any candidate for such office of tax commissioner or tax collector".

By Committee:
By striking the word "law" from the eighth line from the bottom of page 33, as contained in Subsection (a) of Section 34-609, and insert ing in lieu thereof the words and figure "Section 34-1317".

By Groover of Bibb:
By inserting in line 16 of Section 34-610 after the word "other" the word "fixed".

By Punk of Chatham, Echols of Upson and Groover of Bibb:
By striking from line 6 of Section 34-611 the phrase "the fortysixth day" and inserting the following:
"July 31st, and if that day falls on Sunday or a legal holiday, then on the next succeeding business day,".

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Section 34-618. Oral examination of applicants on standard ques tions.--The examination "which the registration officers shall submit to an applicant who claims the right to register on the basis of good charac ter and understanding of the duties and obligations of citizenship under a republican form of government, shall be based upon the following list of standard questions, and the questions on this list and no others shall be submitted to such applicant:
1. Who is the President of the United States?
2. Who is the Vice President of the United States?
3. Who are the two United States Senators from Georgia?
4. Who is the Governor of Georgia?
5. Who are the members of the General Assembly who represent you?
6. Who is the Congressman from your Congressional District?
7. What are the named of the persons who occupy the following offices in your county?
(1) Clerk of the Superior Court (2) Ordinary (3) Sheriff (4) County School Superintendent
8. What are the names of the three branches of the United States government?
9. If the Governor of Georgia dies, who exercises the executive power, and if both the Governor and the person who succeed him die, who exercises the executive power?
10. Name five constitutional offices of the State of Georgia and give the names of persons now holding such offices?
11. How many Congressional Districts in Georgia are there and in which one do you live?
12. On what day and how often is the general election held in Geor gia at which members of the General Assembly of Georgia are elected?
13. How are the members of the Board of Education selected in your county?
14. What officer of the county is in charge of general elections?
15. In what county office does a person return his property for State and county taxes?
16. How many Representatives and how many Senators are there in the General Assembly of Georgia?
17. Give the title of the presiding officer of the House of Repre sentatives and the title of the presiding officer of the Senate in the Georgia General Assembly?

WEDNESDAY, JUNE 10, 1964

457

18. What are the terms of office for Senators and Representatives in the United States Congress?
19. Name the Judicial Circuit in which you reside and name the Solicitor General?
20. Name the Chief Justice of the Supreme Court of Georgia and the Chief Justice of the United States Supreme Court?

If the applicant can give correct answers to fifteen of the twenty ques tions propounded to him, possesses the other necessary qualifications and is not disqualified in any other way, the card shall be marked "approved" and the applicant shall be considered an elector; otherwise the applicant is rejected.

By Committee:
By inserting the word "or" immediately preceding the word "daugh ter" in Subsection (b) of Section 34-619.

By Lee of Dougherty:
By adding after the word "applicant's" on line 10 of Section 34-622 the words "or elector's".

By Underwood of Montgomery, Groover of Bibb, Echols of Upson:
By adding at the end of Section 34-625 a new sentence to read as follows:
"Not withstanding any -provision of this Section in the case of a General Primary held in September of a year in which there is to be a November election, a person may apply and the registrar shall receive and process applications for registration up to and including the same date provided for in Section 34-611."

By Committee:
By adding at the end of Subsection (a) of Section 34-628 a new sentence to read as follows:
"A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court."

By Committee:
By striking the word "on" at the end of the fifth line of Subsection (b) of Section 34-629 and inserting in lieu thereof the word "thereon".

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By Committee:

By striking the words "such ballots or ballot labels" from the 6th line of Subsection (b) of Section 34-629.

By Ehodes of Baker:
By adding at the end of Code Section 34-632 a new Subsection to be known as Subsection (m) and to read as follows:
"(m) In order to vote in a county, a person must be a resident of said county and domiciled in said county. Any person who has not been a resident of said county and who has not been domiciled in said county for a period of six months prior to the date of the election in which he desires to vote, shall be deemed not to be a resi dent of said county and not to be domiciled in said county. Provided, however, this shall not apply to military personnel or to elected or appointed Federal, State and local governmental officials and employees thereof or college students."

By Harris of DeKalb:
By adding in front of the word "election" at the beginning of the tenth line of Section 34-702 the word "new".

By Committee:
By striking Section 34-705 and inserting in lieu thereof a new Sec tion to read as follows:
"Section 34-705. Polling places to be selected by Ordinary.-- (a) The ordinary shall select and fix the polling place within each election district and may, either on his own motion or on petition of ten electors of an election district, change the polling place within any election district. Except in case of an emergency or unavoidable event occurring within ten days of a primary or elec tion, which renders any polling place unavailable for use at such primary or election, the ordinary shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place, or his agent.
"(b) Except in case of emergency or unavoidable event, oc curring within ten days of a primary or election, which renders any polling place unavailable for use, if a petition be presented to the ordinary on or before the day set for hearing of the petition for change of a polling place, signed by twenty per cent of the

WEDNESDAY, JUNE 10, 1964

459

electors of the district, objecting to the proposed change, such change shall not be ordered."

By Hale of Dade:
By adding a new paragraph to Chapter 34-7 as follows:
"34-710. Control of expenses for elections. Notwithstanding any other provision contained in this Code, all expenditures and contracts for expenditures by the Ordinary for polling places and other election expenses, shall be subject to budgetary control and approval of the governing authority of the county."

By Committee:
By striking Section 34-801 and inserting in lieu thereof a new sec tion to read as follows:
"Section 34-801. General primary. Whenever any political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on the second Wednesday in September in each even-numbered year. The preceding provision of this Section shall not apply to a primary held to nominate candidates for membership in the House of Repre sentatives of the General Assembly or for county offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be automatically repealed."

By Baughman of Early:
By adding in Section 34-802 after the words "General Assembly," and before the words "justices of the peace," the words "county of ficers,".
By Murphy of Haralson:
By striking from the first sentence of Section 34-805 the following words:
"during a session of the General Assembly, or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet at any time previous to the next November election."
By Twitty of Mitchell:
Section 34-805--by adding the following after the word "thirty" in line eleven and adding the following "nor more than 60."

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By Hale of Dade:

By adding the following sentence to Section 34-902, Subsection (a):

"No member of a County Executive Committee shall be quali fied to act as a poll officer in any primary election in which he is a candidate for any public office."

By Murphy of Haralson:
By striking from Section 34-902, Subsection (c) the words: "with the Secretary of State and".

By Committee:
By striking the word "the" from the thirteenth line of Subsection (e) of Section 34-903 and inserting in lieu thereof the word "other".

By Murphy of Haralson:
By striking the following words in Section 34-905, Subsection (c): "with the Secretary of State and".

By Committee:
By striking the last sentence contained in Section 34-1002. By Hale of Dade:
Section 34-1006--by adding after the words "September 9, 1964," the following:
"or any primary prior thereto" and by adding the word "gen eral" between the words "such" and "primary" in the last sentence.

By Wilkes of Cook:
Section 34-1006--by striking in line 9 the words "August 12 or" and by striking the period at the end of the second sentence of such section and inserting in lieu thereof the following:
"; and a party shall fix no other qualification deadline".

By Committee:
By striking the word "note" in the third sentence of Section 34-1008 and inserting in lieu thereof the word "vote".

WEDNESDAY, JUNE 10, 1964

461

By Groover of Bibb:

Section 34-1010--by striking therefrom the words: "and shall also add the name of his election district".

By Committee: By striking Section 34-1012 in its entirety.

By Lee of Dougherty:
Section 34-1104--by adding after the word "fifty" in the fourth from last line on page 92 the words "or one hundred".

By Murphy of Haralson:
Section 34-1104--by striking from the last sentence of said section the word "back" wherever it appears therein and inserting in lieu thereof the word "front".
And by changing the period at the end of said section to a comma and adding the following language:
"with the following words printed thereon to wit: 'tear off before depositing in ballot box'."

By Groover of Bibb:

By striking Section 34-1105 in its entirety and renumbering the sections accordingly.
By Committee:
By striking the words " 'compartment' shall mean that part of the voting machine containing the registering counters" from Subsection (e) of Section 34-1201 and inserting in lieu thereof the words " 'counter'
shall not include a protective counter".
By Committee:
By striking the words ", except the protective counter," from Sub section (a) of Section 34-1209.

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By Committee:

By striking the dash from Subsection (d) of Section 34-1209 and inserting in lieu thereof a colon.

By Harris of DeKalb:
By adding in the 6th line of Section 34-1303, Subparagraph (b) on page 127 between the word "mailed" and the word "an" the words: "or delivered".
By Arnsdorff of Effingham:
By striking Subsection (a) of Section 34-1307 in its entirety and inserting in lieu thereof a new Subsection (a) to read as follows:
"(a) No persons, with the exception of candidates, shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition on any primary or election day within two hundred fifty feet (250') of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater."
By Walker of Lowndes:
By striking Subparagraph (b) of Section 34-1307 therefrom.
By Brooks of Fulton:
By adding at the end of Section 34-1307 a new subsection to read as follows:
"(b) Notwithstanding the provisions of Subsection (a) of this Section, in any county of this State having a population of more than 500,000, according to the United States Decennial Census of 1960 or any such future census, no person shall, on a day in which a pri mary or election is held within such county, solicit votes in any manner or by any means or method of shall distribute any cam paign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind in support of any person, party, body or proposition in any primary or election. This prohibition shall not apply to candidates for Statewide office."

WEDNESDAY, JUNE 10, 1964

463

By Groover of Bibb, Brooks of Fulton:

By striking Subsection (d) of Section 34-1313.

By Underwood of Montgomery:
By striking Subsection (a) of Section 34-1314 and inserting in lieu thereof a new Subsection (a) to read as follows:
"Section 34-1314. Method of marking ballots and depositing same in districts in which ballots are used.-- (a) In districts in which ballots are used, the elector, after receiving his ballot, shall retire to one of the voting compartments, and draw the curtain or shut the screen or door, and shall then prepare his ballot; pro vided, however, an elector may, before entering the voting booth, ask for instructions concerning the manner of voting, and a poll officer shall give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any par ticular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire and the elector shall forthwith vote."

By Harris of DeKalb:
By striking Subsection (d) of Section 34-1316 (on page 145) in its entirety and substituting in lieu thereof a new section to read as follows:
"(d) After voting, the elector shall then leave the compart ment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged', shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose, which envelope shall be marked 'chal lenged'."

By Murphy of Haralson, Bagby of Paulding:
By striking Section 34-1317 in its entirety and inserting in lieu thereof the following:
"Section 34-1317. Assistance in Voting. Any elector applying to vote who shall state under oath in writing that he is unable to prepare his ballot, may have the assistance of any two managers, or poll holder, jointly or separately, in the preparation of his ballot, or may select any freeholder of his choice to aid him in the prepa-

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ration of his ballot. No elector shall at any time take or remove any ballots from the polling place. The manager or poll holder shall preserve their written oaths and return them with other elec tion papers to the proper officials."

By Groover of Bibb:
By striking Section 34-1321 and inserting in lieu thereof:
"The ballots shall be expediently counted by the poll holders under the supervision of the Superintendent and keep a tally there of".

By Committee:
By striking the second sentence of Subsection (b) of Section 34-4105 and inserting in lieu thereof the following sentence: "This list shall be prepared at least fourteen days prior to the primary or the election day involved and shall be promptly revised to reflect each change af fecting the list."
By Abney of Walker:
By adding a new sentence to Section 34-1406 of said section after the first sentence to read as follows:
"Any registrar or deputy registrar shall be required to go to the home of the elector if the elector has received an absentee bal lot on the grounds of physical disability and requests the same."
By Committee:
By striking Subsection (d) of Section 34-1407.
By Committee:
By striking the comma between the words "ballots" and "to" in the second line of Section 34-1410.
By Committee:
By striking the period at the end of the second sentence of Section 34-1514 and inserting in lieu thereof the words ", unless such runoff date is postponed by court order."

WEDNESDAY, JUNE 10, 1964

465

By Committee:

By striking the last sentence contained in Section 34-1514.

By Committee:
By striking the figure "1515" in the last Section of Chapter 34-15 and inserting in lieu thereof the figure "1516".

By Committee:
By inserting a new section between Sections 34-1514 and 34-1516 to read as follows:
"Section 34-1515. Special election on failure to nominate or elect or on death or withdrawal of officer elect.--Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a runoff primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position."

By Committee: By striking the second sentence f Subsection (b) of Section 34-1704.

By Committee:
By striking the period at the end of the first sentence of Subsec tion (c) of Section 34-1704 and inserting in lieu thereof the word "; and if such judge is disqualified or unable to serve, the clerk shall imme diately notify the Governor of such fact and he shall thereupon appoint a disinterested judge of superior court, residing outside of the judicial circuit in which the contest is pending, to serve in the place of such senior judge."
By Committee:
By striking the word "counterclaim" from the title of Section 34-1705 and inserting in lieu thereof the words "cross action".
By Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Bell of Rich mond:

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JOURNAL OP THE SENATE,

By adding at the end of the first sentence of Subsection (b) of Code Section 34-1705 the following: ", other than an allegation that at least one-third as many votes were cast for the contestant's position on the question in dispute as were cast for the contested result of the elec tion.", so that when so amended the first sentence of said subsection shall read as follows:

"(b) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for the contestant to state gen erally that he believes that an error was committed in the counting of the votes cast for the filling of the nomination or office in dis pute, or for or against the question in dispute, in one or more specified election districts, and it shall not be necessary for the contestant to offer evidence to substantiate such allegation, other than an allegation that at least one-third as many votes were cast for the contestant's position on the question in dispute as were cast for the contested result of the election."

By Murphy of Haralson:
Section 34-1707, Subsection (a) as follows:
By striking the word "shall" from the first sentence and in serting in lieu thereof the word "may".
By striking from the first sentence the word "claim" and in serting in lieu thereof the word "demand".
By adding after the words "a trial by jury" in the first sen tence the words "at any time prior to the call of the case".
By striking the word "the" appearing in the phrase "under the laws of this State" and inserting in lieu thereof the word "other".

By Committee:
By striking the words "any case where the office or issue contested shall depend for its result upon the vote in only one" from the first sentence of Subsection (c) of Section 34-1707 and inserting in lieu thereof the words "a case contesting the result of a primary or election held within a single".
By Committee:
By striking the word "cases" wherever it appears in the second and third sentences of Subsection (c) of Section 34-1707 and inserting in lieu thereof the words "a case".

WEDNESDAY, JUNE 10, 1964

467

By Committee:

By adding a new section at the end of Chapter 34-17 to read as follows:

"Section 34-1710. Costs; liability for.--The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election be confirmed, or the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and if the judgment be against the defendant, or the result of the pri mary or election be set aside, he shall pay the costs at the discre tion of the court. After entry of judgment, the costs may be col lected by attachment or otherwise." '

By Bolton of Spalding:
By adding a new Chapter to be numbered Chapter 34-18 and to read as follows:
Chapter 34-18. Congressional Districts.
"34-1801. Congressional districts.--The .State is hereby di vided into 10 congressional districts, each of said districts being entitled to elect one Representative to the Congress of the United State. The districts shall be composed of the following counties, or portions thereof, respectively:
"First District: Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Johnson, Laurens, Liberty, Long, Mclntosh, Montgomery, Screven, Tattnall, Toombs, Treutlen and Wheeler.
"Second District: Baker, Brooks, Calhoun, Clay, Colquitt, Crisp, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Quitman, Ran dolph, Seminole, Terrell, Thomas, Tift, Turner and Worth.
"Third District: Chattahoochee, Crawford, Dooly, Harris, Houston, Lee, Macon, Marion, Muscogee, Peach, Pulaski, Schley, Stewart, Sumter, Talbot, Taylor, Twiggs, Webster and Wilkinson.
"Fourth District: DeKalb County, plus Rockdale County and that part of Fulton County described as follows:
"(a) The present 36th senatorial district, as the same is con stituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7) ; and
"(b) All of that part of the 35th senatorial district, as the same is constituted and described in Code Section 47-102, relating

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to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7), lying Easterly of Capitol Avenue and Southeasterly of Butler Street and South of the Georgia Railway; and

"(c) All of that part of the 37th senatorial district, as the same is constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved Oc
tober 5, 1962 (Ga. Laws 1962, Sept.-Oct, Ex. Sess. p. 7), which is described as follows:

"Beginning at the intersection of Butler Street and its point of intersection with the line dividing the 36th and 37th senatorial districts, as the same are constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess. p. 7), thence along the center of Butler Street Northeasterly to its intersection with Edgewood Avenue; thence Northerly along the center of Butler Street to the intersection of Forest Avenue; thence Easterly down the center line of Forest Avenue to its inter section with Bedford Place; thence Northerly along the center line of Bedford Place to its intersection with Ponce de Leon Avenue; thence continuing Northerly across Ponce de Leon, Northerly down
the center line of Argonne Avenue to a point where Argonne Ave nue intersects with Tenth Street; thence Easterly along the center line of Tenth Street to the center of the right-of-way of the South ern Railway; thence Northerly, Northwesterly and Northeasterly along the Western boundary line of the 37th senatorial district to its intersection with the line dividing Fulton and DeKalb Counties; thence South along the East boundary line of the 37th senatorial district to the South boundary line of the 37th senatorial district dividing the 36th and the 37th senatorial districts; thence Westerly along the Southern line of the 37th senatorial district to the point
of beginning.

"Fifth District: Fulton, with the exception of the territory of Fulton County embraced within the Fourth District as set forth hereinabove.

"Sixth District: Bibb, Butts, Carroll, Clayton, Coweta, Fayette, Heard, Henry, Jones, Lamar, Meriwether, Monroe, Pike, Spalding, Troup and Upson.

"Seventh District: Bartow, Catoosa, Chattooga, Cobb, Dade Douglas, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield.
"Eighth District, Appling, Atkinson, Bacon, Ben Hill, Berrien, Bleckley, Brantley, Camden, Charlton, Clinch, Coffee, Cook, Dodge, Echols, Glynn, Irwin, Jeff Davis, Lanier, Lowndes, Pierce, Telfair, Ware, Wayne and Wilcox.
"Ninth District: Banks, Barrow, Cherokee, Dawson, Elbert, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall,

WEDNESDAY, JUNE 10, 1964

469

Hart, Jackson, Lumpkin, Madison, Pickens, Rabun, Stephens, Towns, Union and White.

"Tenth District: Baldwin, Clarke, Columbia, Glascock, Greene, Hancock, Jasper, Jefferson, Lincoln, McDuffie, Morgan, Newton, Oconee, Oglethorpe, Putnam, Richmond, Taliaferro, Walton, War ren, Washington and Wilkes."

By Committee By striking the word "ballot" wherever it appears in Section 34-1905
and inserting in lieu thereof the words "ballot, ballot card".
By Committee: By striking the word "ballots" wherever it appears in Sections
34-1911, 34-1912, 34-1914 and 34-1921 and in the title of Section 34-1913, and inserting in lieu thereof the words "ballots or ballot cards".
By Committee: By striking the word "ballot" wherever it appears in Section 34-
1912 and 34-1914 and in the first sentence of Section 34-1913, and in serting in lieu thereof the words "ballot or ballot card".
By Barber of Jackson: By inserting the word "wilfully" before the word "neglects" in line
1 of Subparagraph (a) of Section 34-1919.
By Barber of Jackson: By inserting the word "wilfully" before the word "neglects" in
line 1 of Subparagraph (b) of Section 34-1919.
By Committee: By striking the following "challenges" from the title of Section
34-1920.
By Barber of Jackson: By inserting the word "wilfully and" before the word "knowingly"
in line 1 of Subparagraph (a), Section 34-1920.

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By Barber of Jackson:

By inserting the word "wilfully" as the first word in Subparagraph

(b); in Subparagraph (c); in Subparagraph (d); and in Subparagraph (e) of Section 34-1920.

By Committee:
By striking Subsection (c) of Section 34-1920; and redesignating Subsections (d) and (e) of such Section as (c) and (d) respectively.

By Barber of Jackson:
By inserting the word "wilfully" as the first word in Subparagraph (a); Subparagraph (c); Subparagraph (e); and Subparagraph (h) of Section 34-1924.

By Barber of Jackson:
By inserting the word "wilfully" after the word "who" in line 1 Section 34-1928.

By Vote of the House--Section 34-1937 was deleted.

By Milhollin of Coffee:
By adding a new Section 34-1937 to read as follows:
"Section 34-1937. Sale of Alcoholic Beverages on Primary or Election Days Prohibited. Any person who shall sell or buy or offer for sale any alcoholic beverages on primary or election days shall be guilty of a misdemeanor,";

By McCracken of Jefferson:
By striking Section 34-1938 in its entirety and inserting in lieu thereof the following to be designated as Section 34-1938:
"Section 34-1938.--Punishment for felonies.--Each person con victed of a crime declared to be a felony under the provisions of

WEDNESDAY, JUNE 10, 1964

471

this code shall he punished by a fine not to exceed two thousand dollars or imprisonment of not less than one year nor more than three years, or both, in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court.

By McCracken of Jefferson:
By striking Section 34-1939 in its entirety and inserting in lieu thereof the following language to be designated as Section 34-1939:
"Section 34-1939. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine of not more than one thousand dollars, confinement in the county jail or other places of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge.
By Committee:
By striking from the first sentence of Section 34-2004 the words "and to provide for the applicability of such Act as amended by par ticular Act No. 923 of the 1964 regular session of the General Assem bly," and inserting in lieu thereof the words ", as amended by an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481),".
Senator Carlton of the 21st moved that the Senate disagree to the House amendments to SB 1.
On the motion to disagree, the ayes were 36, nays 0, and the amendments were disagreed to.

The following local, uncontested resolution, favorably reported by the com mittee, was read the third time, and put upon its passage:

HR 32. By Messrs. Griffin and Conger of Decatur:
A resolution proposing an amendment to the Constitution to create the Bainbridge-Decatur County Beverage Control Board; and for other purposes.

472

JOURNAL OP THE SENATE,

Senator Webb of the llth asked unanimous consent that the Senate post pone action on HE 32 until June 15, 1964.

On the motion to postpone, the ayes were 37, nays 0, and the motion pre vailed.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House insists on its position on the following bill of the Senate and request that a Committee of Conference be appointed:

SB 1. By Senators Carlton of 21st, Webb of llth, Jackson of 16th, Gillis of 20th, and Zorn of 6th: A bill to provide a comprehensive revision of the election and primary laws and all related laws of this state; and for other purposes.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. Busbee of Dougherty, Hale of Bade, and Bagby of Paulding.
The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Senator Carlton of the 21st moved that the Senate insist on its position, and that a Committee of Conference be appointed.

The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate, the following:
Senators Carlton of the 21st, Gillis of the 20th and Loggins of the 53rd.

WEDNESDAY, JUNE 10, 1964

473

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

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JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia, Thursday, June 11, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Kenneth B. Puller, pastor, Calvary-Bethel Methodist Charge, Calvary, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 68. By Messrs. Lane and Nessmith of Bulloch:
A bill to create the City Court of Statesboro, so as to provide for the trial of all violations of traffic laws of Ga., and for other purposes.

THURSDAY, JUNE 11, 1964

475

HB 70. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act establishing a new charter for the City of Stone Mountain; and for other purposes.

HB 72. By Messrs. Snow and Abney of Walker:
A bill to amend an act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.

The House has adopted the following resolutions of the House to-wit:

HE 95. By Messrs. Matthews of Clarke, Walker of Lowndes and many others: A resolution commending the Honorable Wilson Wilkes and the Honor able Render Hill; and for other purposes.
The House has passed by substitute the following bill of the Senate:
SB 13. By Senator Loggins of the 53rd: A bill to add one additional Judge of the Superior Courts of the Lookout Mountain Judicial Circuit of Georgia: to provide the procedure connected therewith; and for other purposes.
The following resolution was read and adopted:
HR 95. By Messrs. Matthews of Clarke, Brooks of Oglethorpe, Paris of Barrow, Walker of Lowndes and others: A resolution commending the Honorable Wilson Wilkes and the Honor able Render Hill; and for other purposes.
The following bills were introduced, read the first time, and referred to com mittees:
HB 68. By Messrs. Lane and Nessmith of Bulloch: A bill relating to the creation of the City Court of Statesboro, so as to provide for the trial of all violations of traffice laws of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OP THE SENATE,

HB 70. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act establishing a new charter for the City of Stone Mountain, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 72. By Messrs. Snow and Abney of Walker:
A bill to amend an act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.

Referred to Committee on County and Municipal Governments.

The following resolution was read the second time:

HR 50. By Messrs. Harrington and Chandler of Baldwin:
A resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; and for other purposes.

Senator Carlton of the 21st moved that the Senate do now dissolve into a Committee of the Whole for the purpose of considering the following resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The motion prevailed.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Webb of the llth asked unanimous consent to postpone paragraphs 6, 7 and 8 of Article 5, Section 2, and take up Paragraph 9.

The consent was granted.

THURSDAY, JUNE 11, 1964

477

Senator Pennington of the 45th offered the following amendment:

Amend HR 6 by striking Article 5, Section 2, Paragraph 9 in its entirety and inserting in lieu thereof a new Paragraph 9 to read as follows:

"Paragraph 9. Milk and Dairy Products. Due to the nature of the products and in order to protect the public, the General Assem bly is hereby authorized to provide by law for such control and regu lation as it deems advisable over milk and dairy products, and dele gate such of its powers in connection therewith as it deems advis able."

Senator Maclntyre of the 40th offered the following amendment to the Penn ington amendment:
Amend Amendment to HR 6-1 Paragraph 9, Article 5, Section 2, add at end of Amendment, provided however such Authority shall not include the right to control or regulate the price of milk & dairy pro ducts.

On the adoption of the amendment to the amendment, Senator Maclntyre of the 40th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Conway Downing

Johnson, of 42nd Maclntyre

Searcy

Those voting in the negative were Senators:

Brewer Broun, of 46th Brown, of 34th Byrd Carlton Carter Coggin Ellis Pincher Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson, of 38th Kendrick Kidd Knox Leo Miller McKinnon McWhorter Noble Owens Pelham Pennington

Phillips Plunkett Rowan Salome Scott Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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JOURNAL OF THE SENATE,

On the adoption of the Maclntyre amendment to the Pennington amendment, the ayes were 5, nays 44, and the amendment was lost.

On the adoption of the Pennington amendment, Senator Heard of the 29th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun, of 46th Brown, of 34th Byrd Carlton Carter Coggin Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway

Hunt Jackson Johnson, of 42nd Johnson, of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens

Pelham Pennington Phillips Plunkett Rowan Salome Scott Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Those voting the negative were Senators Conway and Searcey.

On the adoption of the amendment, the ayes were 51, nays 2, and the amend ment was adopted.

On the adoption of Article 5, Section 2, Paragraph 9, as amended, the ayes were 45, nays 4, and the paragraph was adopted.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6-1 by relocating Paragraph 9 of Section 2 of Article 5 to become Paragraph 13 of Section 8 of Article 2.

On the adoption of the amendment, the ayes were 45, nays 4, and the amend ment was adopted.

Senator Carlton of the 21st moved that the Committee reconsider its action on Article 4, Section 8, Paragraph 1 (g).

THURSDAY, JUNE 11, 1964

479

On the motion to reconsider, the ayes were 31, nays 3, and the motion pre vailed.

Senator Carlton of the 21st moved that the Committee adopt Article 4, Section 8, Paragraph 1 (g).

On the motion, Senator Gillis of the 20th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun, of 46th Brown, of 34th Byrd Carlton Carter Coggin Ellis Fincher Gayner Gillis Harrison Heard Holloway

Hunt Johnson, of 42nd Johnson, of 38th Kidd Knox Lee Loggins Moore McKinnon McWhorter Noble Oliver Owens Pelham

Pennington Plunkett Rowan Salome Scott Searcey Smith Spinks Thomas Webb Wesberry Young Zorn

Those voting in the negative were Senators:

Conway Downing

Maclntyre Phillips

Smalley Yancey

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of Article 4, Section 8, Paragraph 1 (g), the ayes were 41, nays 6, and the subparagraph was adopted.
Senator Coggin of the 35th moved that reconsideration of his amendment to Article 2, Section 10, Paragraph 7 be postponed to Monday, June 15, 1964.
The motion prevailed.

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Senator Gayner of the 5th offered the following amendment to Article 3, Section 13, Paragraph 3, which has been deferred:

Amend HR 6-1 (Sub.) (Am.) by changing the period at the end of the second sentence of Paragraph 3 of Section 13 of Article 3 to a semi-colon and by adding thereafter the following:

"provided, however, that writing nothing contained herein shall be construed so as to prevent the General Assembly, or the Supreme Court under its rule making power, from providing for summary programs and directed verdicts."

On the adoption of the amendment, the ayes were 33, nays 1, and the amend ment was adopted.

Senator Smalley of the 28th offered the following amendment to Article 4, Section 2, Paragraph 7, which was deferred:
Amend HR 6 by striking Article 4, Section 2, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:
"Paragraph 7. Extraordinary Sessions of the General Assem bly. The Governor may convoke the General Assembly in extra ordinary session whenever he deems it necessary, but no laws shall be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes whenever threefifths of the members elected to each house certify to him, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to do so within three days, Sundays excluded, after receipt of such certifica tion, the General Assembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extra ordinary session convoked by the Governor shall not exceed seventy days in length and an extraordinary session convened by the Gen eral Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be authorized to remain in session until such trial is completed."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

Senator Webb of the llth offered the following amendment to Article 5, Section 1, Paragraph 1, which was deferred:

THURSDAY, JUNE 11, 1964

481

Amend HR6 by striking Subparagraph (b) in its entirety from Article 5, Section 1, Paragraph 1, and substituting in lieu thereof a new Subparagraph (b) to read as follows:

"(b) The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise provided in this Constitution; provided, however, a county may limit any license fee or occupational tax to business located in the unin corporated area thereof. No such county license fee or occupational tax shall be imposed on any business which is subject to regulation by the Public Service Commission."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

Senator Heard of the 29th asked unnanimous consent that the Senate recon sider its action on the Amendment to Article 5, Section 1, Paragraph 3 (e).

On the motion to reconsider, the ayes were 26, nays 5, and the motion pre vailed.

On the adoption of the amendment, the ayes were 22, nays 8, and the amend ment was lost.

Senator Webb of the llth asked unanimous consent that the Committee re consider its action on Article 5, Section 2, Paragraph 2.

The consent was granted,

Senator Webb of the llth offered the following amendment:
Amend HR 6 by inserting in Article 5, Section 2, Paragraph 2, be tween the words "purely charitable" the word "public", so that when so amended said Paragraph 2 shall read as follows:
"Paragraph 2. Taxing Power and Contributions of Counties, Municipal Corporations and Political Subdivisions Restricted. Except as may be otherwise expressly permitted by this Constitution, the General Assembly shall not authorize any county, municipal cor poration or political subdivision of this State, through taxation, contributions or otherwise, to become a stockholder in any company,

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JOURNAL OF THE SENATE,

corporation, or association, or to appropriate money for or to lend its credit to any corporation, company, association, institution or individual except for purely public charitable purposes. This restric tion shall not operate to prevent the support of schools by municipal corporations within their respective limits."

The amendment was adopted.

Senator Brown of the 34th offered the following amendment to Article 5, Section 2, Paragraph 3, which was deferred from June 10, 1964:
Amend HR 6 by adding at the end of the first paragraph of Article 5, Section 2, Paragraph 3 immediately after the words "and welfare programs", the following:
"and may authorize the use of public funds to provide retirement benefits or pensions, compensatory or otherwise, for all public school teachers retired because of disability or after meritorious
So that when so amended, the first paragraph of Paragraph 3 shall read as follow:
"Paragraph 3. Donations and Gratuities. Neither the General Assembly nor any public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation or association, nor grant or authorize extra compensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into, except that the General Assembly may authorize the grant of scholarship and educational aid and loans in furtherance of health, education and welfare programs and may authorize the use of public funds to provide retirement benefits or pensions, compensatory or otherwise, for all public school teachers retired because of disability or after meritorious service."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

On the adoption of Article 5, Section 2, Paragraph 3, the ayes were 23, nays 13, and the paragraph was not adopted.

Senator Smalley of the 28th gave notice that at the proper time he would move that the Committee reconsider its action on the paragraph.

THURSDAY, JUNE 11, 1964

483

Senator Johnson of the 42nd offered the following amendment: Amend HR 6 as follows:

Relocate Paragraph 8 of Section 2 of Article 5 to become Paragraph 16 of Section 8 of Article 2.

The amendment was adopted.

Article 5, Section 2, Paragraph 8 was adopted as amended.

Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Section 3 of Article 5 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"SECTION 3
PUBLIC DEBT
Paragraph 1. State Debt.
(a) No debt shall be contracted by, or on behalf of, the State except to repel invasion, suppress insurrection, defend the State in time of war, or pay existing public debt.
(b) The State may contract for loans to supply such tempo rary deficit as may exist in the State Treasury in any year, but no such loan is authorized as long as any loan for a similar purpose in any prior fiscal year remains unpaid.
(c) The State may guarantee unconditionally any obligation issued by any authority or public corporation activated prior to January 1, 1961, on the security of any authorized contract with the State, or any department or agency thereof; it may also guarantee unconditionally payment of student loans for higher education under programs authorized by the General Assembly.
(d) The State shall not assume the debt, or any part thereof, of any political subdivision unless such debt was incurred to enable the State to repel invasion, suppress insurrection, or defend itself in time of war.
(e) For purposes of this Paragraph, revenue obligations au thorized under Section 4, and intergovernmental contracts authorized under Section 5 of this Article shall not constitute debts of the State.

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(f) In the event the State may incur any bonded indebtedness under subparagraph (a), the General Assembly shall provide for the levy and collection of an annual tax sufficient to pay the necessary principal and interest within thirty years and establish a sinking fund separate from other funds of the State into which shall be placed the entire proceeds from such tax and all other funds obtained from any source for the purpose of discharging such indebtedness. Such sinking fund shall be used solely for such purpose, but until so needed may be invested and reinvested in obligations of, or guaranteed unconditionally by, the United States of America.

Paragraph 2. Local Debt.

(a) The debt of any county municipal corporation, or other local political subdivision, except school districts, shall never exceed seven per cent of the assessed value of all taxable property therein; the debt of school districts shall never exceed ten per cent of such assessed value. In computing this limitation, any sinking fund irrevocably pledged to the payment of outstanding indebtedness shall be deducted therefrom.

(b) Except as hereinafter provided, no county, municipal cor poration, school district, or other local political subdivision shall incur any new debt without the assent of a majority of the qualified voters thereof voting in an election for that purpose. Such election shall be held as prescribed by law, and the regular voters list shall be used therefor.

(c) Without regard to subparagraphs (a) or (b), a local political subdivision may make temporary loans between January 1st and December 31st in each year to pay expenses for such year, provided that the aggregate of all such indebtedness outstanding shall not exceed seventy-five per cent of its total gross income from taxes collected or received in the last preceding year. All such indebtedness shall be payable on or before December 31st of the calendar year in which incurred, and no such loan may be made as long as any loan for a similar purpose in any prior year remains unpaid. No local political subdivision shall incur in any one year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipation revenue for such calendar year.

(d) For purposes of subparagraphs (a) or (b) revenue obli gations authorized under Section 4, and intergovernmental contracts authorized under Section B of this Article shall not constitute local debt; nor loans for property valuation and equalization programs instituted and executed as required by the General Assembly, nor funds under Federal authority for expenses preliminary to the con struction of public works and repayable within a ten-year period.

(e) If first approved in an election as provided in subpara graph (b), debt above the limitations prescribed in subparagraph (a) may be incurred, but not in excess of an additional three per

THURSDAY, JUNE 11, 1964

485

cent and provided such additional debt is repayable in equal annual installments within a period not exceeding five years.

(f) Any local political subdivision, without regard to subparagraph (b) may issue bonds to refund an outstanding bonded indebtedness, but only to reduce the total combined principal and interest payable thereon, and not in excess of the total principal of the bonds being refunded.

(g) When any local political subdivision incurs a bonded indebtedness, it shall provide for the levy and collection of an annual property tax, without limit as to rate or amount, sufficient to pay the necessary principal and interest within thirty years and establish a sinking fund separate from its other funds into which shall be placed the entire proceeds from such tax and all funds obtained from any source for the purpose of discharging such indebtedness. Such sinking fund shall be used solely for such pur pose, but, until so needed, may be invested or reinvested in obliga tions of, or guaranteed by this State or the United States of America.

(h) When an indebtedness is incurred for a property valuation or equalization program provision shall be made for the levy and collection of an annual property tax sufficient to pay the necessary principal and interest within the time required by law for the dis charge thereof and a sinking fund, meeting the requirements of subparagraph (g), established for such purpose."

Senator Coggin of the 35th offered the following amendment to the Webb, Smalley and Johnson amendment:
Amend the amendment to HR 6 introduced by Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd as follows:
By striking Section 3, Paragraph 2, Subparagraph (c) in its entirety and by inserting in lieu thereof a new Subparagraph (c) to read as follows:
"(c) Without regard to subparagraphs (a) or (b), a local political subdivision may make termporary loans between January 1st and December 31st in each year to pay expenses for such year, provided that the aggregate of all such indebtedness outstanding shall not exceed seventy-five per cent of its total gross income from taxes collected or received in the last preceding year. All such in debtedness shall be payable on or before December 31st of the calendar year in which incurred, and no such loan may be made as long as any loan for a similar purpose in any prior year remains unpaid; provided, however, as to any local political subdivision, which operates on a fiscal year different from the calendar year, the foregoing provision shall be deemed to require such temporary loan to be paid at the end of such fiscal year. No local political

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JOURNAL OP THE SENATE,

subdivision shall incur in any one year an aggregate of such tem porary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue for such calendar year."

The amendment was adopted.

The Webb, Smalley and Johnson amendment was adopted as amended.

Senator Gayner of the 5th gave notice that at the proper time he would move to reconsider Article 5, Section 3, Paragraph 2 (c).

Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd offered the following amendment:
Amend HR 6 by adding a new section 4 to Article 5 to read as follows:

i

"SECTION 4

REVENUE OBLIGATIONS

Paragraph 1. Revenue Obligations Authorized. (a) The General Assembly may authorize any county, munici pal corporation, or local subdivision, or may itself create and author ize any public corporation or authority, to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly such obligations shall not constitute indebtedness within the meaning of Paragraph l(a) or Paragraphs 2(a) or (b) of Section 3 of this Article. The power of taxation shall not be exer cised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable solely from the revenues produced in carrying on the authorized public purpose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof.

Paragraph 2. Purposes For Which Authorized. Revenue obli

gations may be issued to provide funds to pay the cost, in whole

part, of acquiring, constructing, extending or improving any public

property or facility, including roads, tunnels, bridges, airports,

1

harbor facilities, water, sewerage, garbage or sewage collection,

treatment and disposal systems', gas or electric systems (including

'

dams, reservoirs, generating stations and similar facilities), rec

reational, amusement, educational and exhibition facilities, beach

erosion protection systems, public parking buildings and facilities,

including parking meters, public facilities for mass transit systems

for the transportation of passengers for hire, and such other kinds-

THURSDAY, JUNE 11, 1964

437

of public property and facilities as may be authorized by the General Assembly.

Paragraph 3. Election Required For Gas or Electric Systems. However, before any such obligations may be issued for any pur pose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected, provided a majority of the registered voters thereof voted in such election. In other respects, such election shall be held in the same manner as an election under Paragraph 2(b). Such an election, however, shall not be required to authorize the issuance of obligations for the purpose of refunding outstanding obligations originally authorized and issued for the aforesaid pur pose.

Paragraph 4. Industrial Development Purposes. Revenue obli gations may also be issued to finance the cost of land, buildings, facilities, machinery or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facilty, and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any conuty, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such
purpose."

The amendment was adopted.

Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd offered the following amendment:
Amend HR 6 by adding a new Section 5 to Article 5 to read as follows:
"SECTION 5
INTERGOVERNMENTAL CONTRACTS
Paragraph 1. General Authorization. The State, or any depart ment or agency thereof, any county, municipal corporation, school district, political subdivision, public agency, public corporation or authority may contract, for any period not exceeding fifty years, with each other, or with the United States Government, or any department or agency thereof, for the use of any existing or pro posed facility or for the performance of any service which the contracting parties are otherwise authorized to use or to perform. No such contract shall be unlawful because it may involve to any

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JOURNAL OF THE SENATE,

extent an unauthorized delegation of authority. A party to a con tract hereunder may convey to the other party real or personal property to be used solely for the purpose for which the contract was executed; such property may not be mortgaged or pledged.

Paragraph 2. Care and Hospitalization of Indigents. Any coun ty, municipal corporation or other political subdivision may con tract with any public agency, public corporation or authority for care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay the costs thereof, the cost of acquisition, con struction, modernization or repair of buildings and facilities neces sary to render such services for its indigent, including other per sons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and facilities.

Paragraph 3. Local Taxation Authorized. Any county, munici pal corporation, school district, or other political subdivision, having the power to tax, may exercise such power to the extent necessary to pay the obligations contractually incurred under this Section and may also expend any other public funds, from whatever source derived for such purpose."

The amendment was adopted.

Senator Webb of the llth asked unanimous consent that Sections 4 and 5 of Article 5 be adopted with the restriction that if any senator has amendments, these sections will be reconsidered.

The consent was granted.

Senator Plunkett of the 30th offered the following amendment:
Amend HR 6 by striking Article 6, Section 1, Paragraph 1 in its entirety and inserting in lieu thereof a new paragraph 1 to read as follows:
"Paragraph 1. Public Education; Support by Public Funds. An adequate common school education for its citizens shall be a primary obligation of the State of Georgia and its political subdivisions, the expense of which shall be borne out of public funds. The General Assembly shall by taxation or otherwise provide for such public funds and may prescribe the terms and conditions upon which State funds shall be made available for this purpose."
The amendment was adopted.

THURSDAY, JUNE 11, 1964

489

Senator Kidd of the 25th offered the following amendment:

Amend HR 6 by adding a new Paragraph to Article 6, Section 1 to be known as Paragraph 3 to read as follows:

"Paragraph 3. All common schools and all other educational institutions sustained or in any manner supported by public funds shall give instruction in the history and government of the United States and in the history and government of the State of Georgia. Such instruction shall include the study of American institutions and ideals. No student in any school or college shall receive a certifi cate of graduation without previously passing a satisfactory exam ination on the history and government of the United States and the history and government of the State of Georgia."

On the adoption of the amendment, Senator Tribble of the 3rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Downing Fincher Hunt Kidd

Knox Noble Salome Scott

Searcy Tribble Wesberry

Those voting in the negative were Senators:

Brewer Broun, of 46th Carter Conway Ellis Gayner Hall Heard Holloway

Johnson, of 38th Kendrick Lee McKinnon McWhorter Oliver Pelham Phillips Plunkett

Rowan Smalley Spinks Thomas Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 11, nays 24, and the amend ment was lost.

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JOURNAL OP THE SENATE,

Senator Plunkett of the 30th offered the following amendment:

Amend HR 6 by striking Article 6, Section 2, Paragraphs 1 and 2 and Article 6, Section 3, Paragraph 1 in their entirety and substituting in lieu thereof a new Section 2 to read as follows:

"Paragraph 1. State Board of Education; State School Super intendent. There shall be a State Board of Education composed of one member from each congressional district in the State. The members of the State Board of Education shall be elected by the electors of the congressional district from which they offer as a candidate in the same manner and for the same term as that of the Governor and shall have such compensation, qualifications, powers and duties as may be provided by law. The first election of the mem bers of the State Board of Education, under this Constitution, shall be held at the time of the general election of 1966. Neither the Governor nor any person employed in a professional capacity by a private or public educational institution or by the State Board of Education shall be eligible to serve on said Board.

The State Board of Education, as constituted at the time of the effective date of this Constitution, shall continue until the mem bers of the new State Board of Education created by this Constitu tion are elected and qualified, at which time the State Board of Education as constituted at the time of the effective date of this Constitution, shall cease to exist and shall stand abolished and the powers and duties vested in and exercised by said Board shall be vested in and exercised by the new State Board of Education created by this Constitution until otherwise provided by law.

There shall be a State School Superintendent who shall be the chief administrative officer of the State Board of Education and chief executive officer of the State Department of Education. He shall be appointed by the State Board of Education created by this Constitution for a term not to exceed four years. No member of the State Board of Education shall be eligible for appointment as State School Superintendent during the term for which he shall have been elected as a member. The State School Superintendent serving at the time of the ratification of this Constitution shall con tinue to serve as such until the end of his term of office."

On the adoption of the amendment, Senator Broun of the 46th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

THURSDAY, JUNE 11, 1964

491

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carter Coggin Conway Downing Fincher Gayner Gillis Gordy

Harrison Johnson of 42nd Johnson of 38th Knox Lee Maclntyre Moore McWhorter Oliver Owens Pelham Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Thomas Tribble Wesberry Yancey

Those voting in the negative were Senators:

Carlton Ellis Hall Heard Holloway

Hunt Jackson Kendrick Kidd McKinnon

Noble Spinks Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 35, nays 14, and the amend ment was adopted.

Senator Kendrick of the 32nd gave notice that at the proper time he would move that the Committee reconsider its action on Article 6, Section 2, Paragraphs 1 and 2.

Senator Holloway of the 12th asked unanimous consent that Article 5, Sec tion 1, Paragraph 3 (a) (11) be stricken.
The consent was granted.
Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.

The motion prevailed, and the Senate resumed the regular order of business.

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Senator Byrd of the 17th asked unanimous consent that the Secretary of the Senate ask the Clerk of the House to return HR 14, pertaining to Upson County, to the Senate for an amendment.

The consent was granted.

The following bill of the Senate was taken up for the purpose of considering a House substitute:

SB 13. By Senator Loggins of the 53rd:
A bill to add one additional judge of the Superior Courts of the Lookout Mountain Judicial Circuit of Georgia; to provide the procedure con nected therewith; and for other purposes.

The House Committee on Judiciary offered the following substitute:

SB 13. By Senator Loggins of the 53rd:
AN ACT
To be entitled an Act to add one additional judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election of said judge and to fix the time at which he shall begin his term of office; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an addi tional court reporter for said circuit; to provide for courtroom and chamber space; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Code Section 2-3801), one additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the judges of the superior courts for said circuit, effective January 1, 1965.
Section 2. Be it further enacted by the authority aforesaid that said additional judge of the superior courts for the Lookout Mountain Judicial

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493

Circuit of Georgia shall be elected in the manner now provided by law for the election of judges of the superior courts of this State at the general election for members of the General Assembly to be held in 1964. for a term of four years, beginning on the first day of January, 1965. and ending on the last day of December 1968, and until his suc cessor shall have been elected and qualified. All subsequent elections for such judge shall be for a term of four years and shall be held and con ducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

Section 3. Be it further enacted by the authority aforesaid that every person who offers for nomination and election as one of the judges of said superior courts for the Lookout Mountain Judicial Circuit of Georgia shall designate with the State party authority in all State pri maries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he de sires to succeed and thereupon he shall be qualified, if otherwise quali fied, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualifiy by announcing his intention to run for the office for which there is no incumbent.

Section 4. Be it further enacted by the authority aforesaid that said additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall have and may exercise all powers, duties, digni ty, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on ap pellate courts as provided by law.

Section 5. Be it further enacted by the authority aforesaid that the qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia shall be the same as that of the other judge of the superior courts of the Lookout Mountain Judicial Circuit. No provisions heretofore enacted for supple ment by the counties of said circuit shall be applicable to the additional judge provided for by this Act.

Section 6. Be it furher enacted by the authority aforesaid that all writs and processes in the superior courts of the Lookout Mountain Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.

Section 7. Be it further enacted by the authority aforesaid that said two judges of the superior courts for the Lookout Mountain Judicial

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Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of disagreement between said judges in respect hereof, the decision of the senior judge shall be controlling. The position of senior judge shall alter nate between the two judges of the superior courts of the Lookout Moun tain Judicial Circuit annually. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge, and he shall serve as such during the calendar year 1965. Thereafter, the posi tion of senior judge shall change from one judge to the other on the first day of January of each year beginning January 1, 1966. The senior judge in point of continuous service as a superior court judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Act of 1951, as amended, (Code Supp. Section 24-2403), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Lookout Mountain Judicial Circuit shall have, and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hear ing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time within said circuit, or they may both or any one of them hear chambers business and motion business at the same time within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and dispos ing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control.

Section 8. The drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time.

Section 9. The two judges of the Lookout Mountain Judicial Circuit shall be authorized and empowered to appoint an additional court re porter for such circuit, whose compensation shall be as now or hereafter provided by law.

Section 10. The governing authority of the respective counties comprising the Lookout Mountain Judicial Circuit are hereby, fully authorized and empowered to provide such suitable courtrooms, jury rooms and chambers for the two judges of the Lookout Mountain Judicial Circuit as may be necessary upon the recommendation of said judges.

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Section 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Lookout Moun tain Judicial Circuit may bear teste in the name of any judge of said Lookout Mountain Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any of ficial act as judge thereof.

Section 12. Be it further enacted by the authority aforesaid that the sections of this Act are separately enacted and it is the intention of the General Assembly that if any one or more section of this Act should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining sections of this Act.

Section 13. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Senator Logging of the 53rd asked unanimous consent that the Senate agree to the House substitute to SB 13.

The consent was granted, and the House substitute was agreed to.

Senator Carlton of the 21st moved that the Senate do now adjourn, until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia Friday, June 12, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning and was called to order by the president.
Scripture reading and prayer were offered by the Reverend Earl Collins, pastor, Smyrna Baptist Church, Vienna, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens Pelham

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Zorn

By unanimous consent, verification of the roll call was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions.

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497

4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate to-wit:

HB 67. By Davis of Heard:
A bill to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof; to repeal con flicting laws; and for other purposes.

HB 74. By Fowler of Douglas:
A bill to amend an act creating a new charter for the City of Douglasville in the County of Douglas; and for other purposes.

HB 76. By Conner of Jeff Davis:
A bill to amend an act providing a new charter for the City of Hazlehurst; and for other purposes.

HB 77. By Clarke of Monroe:
A bill to amend an Act consolidating the various Acts incorporating the City of Forsyth, in the County of Monroe, and various acts amend atory thereof; and for other purposes.

SB 14. By Senators Brown of the 34th, Coggin of the 35th, Brewer of the 39th and others:
A bill to amend an act to create the City of Atlanta and Fulton County Recreation Authority approved March 17, 1960; and for other purposes.

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HB 75. By Messrs. Jones and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus setting the compen sation of the Commissioners; and for other purposes.

At the request of the Senate, the House is returning the following resolution of the House to-wit:

HR 14. By Messrs. Echols and Caldwell of Upson:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.

The following bills were introduced, read the first time, and referred to com mittees :

HB 67. By Mr. Davis of Heard:
A bill to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 74. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville in the County of Douglas, so as to extend the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 75. By Messrs. Jones and Pickard of Muscogee: A bill to amend the charter of the City of Columbus setting the com pensation of the commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 76. By Mr. Conner of Jeff Davis: A bill to amend an act providing a new charter for the City of Hazlehurst, so as to authorize the city to close streets and alleys located within the city; and for other purposes.
Referred to Committee on County and Municipal Governments.

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499

HB 77. By Mr. Clarke of Monroe:
A bill to amend an act consolidating the various acts incorporating the City of Forsyth, so as to authorize the use of voting machines in elections conducted within the city; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills were read the second time:

HB 68. By Messrs. Lane and Nessmith of Bulloch:
A bill relating to the creation of the City Court of Statesboro, so as to provide for the trial of all violations of traffic laws of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties; and for other purposes.

HB 70. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act establishing a new charter for the City of Stone Mountain, so as to change the corporate limits of said city; and for other purposes.

HB. 72. By Messrs. Snow and Abney of Walker:
A bill to amend an act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.

Mr. Rowan of the 8th District Secretary of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules had had under consideration the following resolu tions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 37. Do Pass. HR 50. Do Pass as amended.
Respectfully submitted, Rowan of 8th district, Secretary.

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Mr. Brown of the 34th District Chairman of the Committee on County and Municipal Governments submitted the following report:

Mr. President:

Your Committee on County and Municipal Governments had had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommenda'tios:
SB 17. Do Pass as amended. HB 15. Do Pass. HB 25. Do Pass as amended. HB 43. Do Pass. HB 45. Do Not Pass. HB 50. Do Pass. HB 51. Do Pass as amended. HB 60. Do Pass. HB 64. Do Pass. HB 65. Do Pass by substitute. HB 66. Do Pass as amended. HB 63. Do Pass.
Respectfully submitted,
Brown of 34th district,
Chairman.

The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Brewer of the 39th, Johnson of the 38th, Conway of the 41st and Maclntyre of the 40th:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:

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501

Amend SB 17 by striking the second sentence of section 2 in its entirety and substituting in lieu thereof a new sentence to read as follows:

"Said taxes shall be in addition to any and all other taxes or license fees authorized by law."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill amended, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend, consolidate, revise and supersede an act incorporating the town of Elizabeth; to create a new charter for said city; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 25 by striking from the last sentence of Section 31 the following, "until January 1, 1965", and inserting in lieu thereof "until January 1, 1966", so that when so amended said last sentence of Section 31 shall read as follows:
"Persons elected to serve as mayor and councilmen shall serve in such capacities until January 1, 1966."
On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

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The bill, having received the requisite constitutional majority, was passed as amended.

HB 51. By Mr. Paris of Barrow:
A bill to abolish the present method of compensating the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 51 by striking from Section 11 the figures "1965", and inserting in lieu thereof the figures "1966", so that when so amended, Section 11 shall read as follows:
"Section 11. The provisions of this Act shall become effective on January 1, 1966."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed as Amended.

HB 66. By Messrs. Wilson and Plournoy of Cobb:
A bill to amend an act creating a new charter for the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 66 by renumbering Section 2 as Section 3 and by insert ing following Section 1 a new Section 2 to read as follows:

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503

"Section 2. It is specifically provided that all of that tract or parcel of land lying and being in Land Lot Nos. 1018 and 1019 of the Second Section of the 16th District of Cobb County, Georgia, upon which is located the Cobb County Sprayberry high school, shall not be included within the corporate limits of the City of Marietta, Georgia."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 15. By Mr. Causby of Gordon:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the com pensation of the clerk of the Commissioner of Roads and Revenues of Gordon County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were, 32 nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 43. By Mr. Acree of Towns:
A bill to abolish the present mode of compensating the sheriff of Towns County, known as the fee system; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 50. By Mr. Paris of Barrow:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Barrow County so as to change the compensation of the members of the board and the clerk; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 63. By Mr. Tucker of Henry:
A bill to amend an act placing the sheriff, the clerk of the superior Court, and the ordinary of Henry County on a salary basis in lieu of a fee system, so as to change the compensation of the sheriff and chief deputy sheriff of Henry County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 60. By Mr. Baughman of Early:
A bill creating the office of tax commissioner of Early County and fixing the compensation of said office so as to increase the compensation of tax commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, JUNE 12, 1964

505

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 64. By Messrs. Wilson, Flournoy and Teague of Cobb:
A bill to create a board of commissioners of roads and revenues of Cobb County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 65. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Carlton of the 21st moved that the Senate do now resolve itself into a Committee of the Whole for the purpose of considering the following resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

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The motion prevailed.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Smalley of the 28th asked unanimous consent that the Committee reconsider its action of June llth on Article 5, Section 2, Paragraph 3.

The consent was granted, and the paragraph was adopted.

Senator Webb of the llth offered the following amendment to the amend ment of Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd, which added a new section 4 to Article 5 of HR 6:
Amend the amendment of Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd which added a new Section 4 to Article 5 of HR 6-1 as follows:
By adding at the end of Paragraph 3 thereof the following:
"After any such favorable election has been held, if municipali ties, counties or other political subdivisions, shall purchase, con struct, or operate such electric or gas utility plants from the pro ceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipality or political subdivision is located, unless such service is merely inciden tal to its transmission lines, then its services rendered and property located outside said county or counties shall be subject to taxation and regulation as are privately owned and operated utilities."

The Webb amendment to the Webb, Smalley and Johnson amendment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 6, Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

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507

"SECTION 5

LOCAL SCHOOL SYSTEMS

"Paragraph 1. School Districts. Authority is granted to coun ties and area school districts to establish and maintain public schools. Existing county school districts, independent school systems, and public school systems established prior to adoption of the Con stitution of 1877 shall be contained, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts, or systems, or portions thereof, into a single area school district. No such consolidation or merger shall become effective until approved by a majority of those voting in a referendum in each separate school district or school system being consolidated or merged. Any area school dis trict so established shall constitute a separate political subdivision of the State. Any school district or system consolidated or merged hereunder shall, as such, be abolished, and title to all school prop erties and assets thereof shall vest in the area school district.

"Paragraph 2. Boards of Education. Each school district or system shall be under the management and control of a board of education which shall have such powers and duties as provided by law, the members of which shall be elected or appointed as provided by law. School board members shall be freeholders and shall reside within the territory embraced by the school district or system.

"Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as provided by law.

"Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of selecting Board members and School Superintendents shall be as provided by law applicable thereto at the effective date of this Constitution but may be changed thereafter by general law, or by local law conditioned upon approval by a majority of those voting in a referendum in the system or district affected.

"Paragraph 5. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils, and such other activities as they be authorized by law to perform, not in conflict with the provisions of this Constitution."

Senator Hall of the 52nd moved that the Senate adopt the Carter amendment paragraph by paragraph.

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On the motion, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun, of 46th Carter Conway Downing Ellis Fincher Fuqua Gayner Hall Harrison Heard

Holloway Knox Lee Maclntyre Miller McKinnon McWhorter Owens Phillips Plunkett Rowan

Salome Scott Spinks Thomas Tribble Webb Wesberry Yancey Young

Voting in the negative was Senator Hunt.

By unanimous consent, verification of the roll call was dispensed with.

On the motion, the ayes were 31, nays 1, and the motion prevailed.

Senator Hall of the 52nd moved that Senator Carter explain his amendment paragraph by paragraph, and delay vote until June 15, 1964.

The motion prevailed.
Senator Kendrick of the 32nd asked unanimous consent that action on Article 6, Section 4, be postponed until June 15, 1964.

The consent was granted.
Senator Carter of the 14th objected to the adoption of Article 6, Section 6.
On the adoption of Article 6, Section 6, Senator Gayner asked unanimous consent that action on this section be postponed until June 15th, 1964.

The consent was granted.

FRIDAY, JUNE 12, 1964

509

Senator Knox of the 24th offered the following amendment:

Amend HR 6 by striking Article 6, Section 9, Paragraph 1, 2 and 3, and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Local Taxation for Schools. Each county or area board of education shall levy an annual school tax on the value of all taxable property within its district, exclusive of any independent system. However, in the general or local law establishing an area school district, the General Assembly may authorize the area board to assess and collect from each county within its district its propor tionate share of the annual costs thereof, and the fiscal authority of each county shall thereupon have a duty to levy an annual school tax therefor as if it were a county board of education."

Senator Knox of the 24th moved that no action be taken on his amendment until June 15, 1964.

The motion prevailed.

Senator Jackson of the 16th asked unanimous consent that action on Article 6 be postponed until June 15, 1964.

The consent was granted.

Senator Johnson of the 42nd objected to the adoption of Article 7, Section 1, Paragraph 7, and asked unanimous consent that the Committee consider this section.

The president of the Senate, as Chairman of the Committee, announced that the Committee would consider and discuss Article 7 but no action would be taken until June 15, 1964.

Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.

The motion prevailed, and the Senate resumed the regular order of business.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as

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Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor: SB 13.
Respectfully submitted, Pelham of 10th District, Chairman.

Senator Carlton of the 21st moved that the Senate do now adjourn until Mon day, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock Monday morning.

MONDAY, JUNE 15, 1964

511

Senate Chamber, Atlanta, Georgia, Monday, June 15, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by Dr. Charles R. Standridge, pastor, First Methodist Church, Tifton, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Maclntyre Miller Moore McKinnon McWhorter Noble Owens Pelham

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

Senator Gordy of the 15th reported that the journal of Friday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Second reading of bills and resolutions.

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4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following resolution was read and adopted:

SR 38. By Senators Byrd of the 17th, Webb of the llth, Holloway of the 12th, Carter of the 14th, and many others: A resolution relative to the Honorable Jim L. Gillis; and for other purposes.
The following bills were read the second time:
HB 67. By Mr. Davis of Heard: A bill to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof; and for other purposes.
HB 74. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville in the County of Douglas, so as to extend the corporate limits of said city; and for other purposes.
HB 75. By Messrs. Jones and Pickard of Muscogee: A bill to amend the charter of the City of Columbus setting the com pensation of the commissioners; and for other purposes.
HB 76. By Mr. Conner of Jeff Davis: A bill to amend an act providing a new charter for the City of Hazlehurst, so as to authorize the city to close streets and alleys located within the city; and for other purposes.
HB 77. By Mr. Clarke of Monroe: A bill to amend an act consolidating the various acts incorporating the City of Forsyth, so as to authorize the use of voting machines in elec tions conducted within the city; and for other purposes.

MONDAY, JUNE 15, 1964

513

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives.
SB 17.
Respectfully submitted,
Pelham of the 10th District,
Chairman.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 14. Respectfully submitted, Pelham of the 10th District, Chairman.
Senator Carlton of the 21st moved that the Senate do now resolve itself into a Committee of the Whole for the purpose of considering the following resolution of the House:
HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution proposing a revised Constitution of Georgia; and for other purposes.

The motion prevailed.
HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution proposing a revised Constitution of Georgia; and for other purposes.

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JOURNAL ,OP THE SENATE,

Senator Wesberry of the 37th offered the following amendment:

Amend HR 6 by adding a new Paragraph to Article 5, Section 2, to be numbered Paragraph 8 to read as follows:

"Paragraph 8. All receipts and expenditures by the State and any of its departments and agencies, every county, municipality and other political subdivision, and any department and agency thereof, board of education, public authority, and any other unit of Government shall be matters of public record." By renumbering Paragraphs 8 and 9 as Paragraphs 9 and 10.

On the adoption of the amendment, the ayes were 19, nays 13, and the amendment was lost.

Senator Wesberry gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to Article 5, Section 2.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 6, Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"SECTION 5
LOCAL SCHOOL SYSTEMS
"Paragraph 1. School Districts. Authority is granted to coun ties and area school districts to establish and maintain public schools. Existing county school districts, independent school systems, and public school systems established prior to adoption of the Consti tution of 1877 shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district. No such consoli dation or merger shall become effective until approved by a majori ty of those voting in a referendum in each separate school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivi sion of the State. Any school district or system consolidated or merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the area school district.
"Paragraph 2. Boards of Education. Each school district or system shall be under the management and control of a board of education which shall have such powers and duties as provided by law, the members of which shall be elected or appointed as pro vided by law. School board members shall be freeholders and shall reside within the territory embraced by the school district or sys tem.

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515

"Paragraph 3. School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as provided by law.

"Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of selecting Board members and School Superintendents shall be as provided by law applicable thereto at the effective date of this Constitution but may be changed thereafter by general law, or by local law conditioned upon approval by a majority of those voting in a referendum in the system or district affected.

"Paragraph 5. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more area boards of edu cation, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils, and such other activities as they be authorized by law to perform, not in conflict with the provisions of this Constitution."

Senators Gayner of the 5th and Jackson of the 16th offered the following amendment to the Carter amendment:
Amend the amendment of Senator Carter of the 14th to HB 6, Sec tion 5, by striking from the second sentence of Paragraph 1 of Section 5 of said amendment the phrase "and public school systems established prior to the adoption of the Constitution of 1877."

The amendment to the Carter amendment was adopted.
Senators Ellis of the 44th and Rowan of the 8th offered the following amendment to the amendment of Senator Carter of the 14th to HR 6:
By striking Article 6, Section 5, Paragraph 4 in its entirety and inserting in lieu thereof a new paragraph 4 to read as follows:
"Paragraph 4. Changes in School Boards and Superintendent. The composition of school boards and the term of office and methods of selecting Board members and School Superintendents shall be as provided by law applicable thereto at the effective date of this Constitution but may be changed thereafter by general or local law, conditioned upon approval by a majority of those voting in a referendum in the system or district affected."

The Ellis amendment to the Carter amendment was adopted. The Carter amendment was adopted as amended.

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JOURNAL OF THE SENATE,

Senator Jackson of the 16th offered the following amendment:

Amend HR 6, Article 6, Section 6, Paragraph 2, by striking Para graph 2 and substituting in lieu thereof the following:

"Paragraph 2. Systems established prior to Constitution of 1877 and by Constitutional Amendments prior to January 1, 1949. Public school systems established prior to the adoption of the Constitution of 1877 and systems established by constitutional amendments passed and ratified prior to January 1, 1949, shall not be affected by Arti cles 5 and 6 of this Constitution."

The amendment was adopted.

Senator Knox of the 24th offered the following amendments:
Amend HR 6 by striking Article 6, Section 9, Paragraphs 1, 2 and 3, and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Local Taxation for Schools. Each county or area board of education shall levy an annual school tax on the value of all taxable property within its district, exclusive of any indepen dent system. However, in the general or local law establishing an area school district, the General Assembly may authorize the area board to assess and collect from each county within its district its proportionate share of the annual costs thereof, and the fiscal au thority of each county shall thereupon have a duty to levy an annual school tax therefor as if it were a county board of education."

On the adoption of the amendment, Senator Knox of the 24th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carter Coggin Conway

Kendrick Kidd Knox Maclntyre Pelham Phillips

Plunkett Salome Scott Thomas Wesberry

Those voting in the negative were Senators:

Byrd Carlton Downing Ellis

Gordy Hall Harrison Heard

Holloway Hunt Lee Moore

McKinnon Rowan Searcey

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517

Smalley Spinks Webb

Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 17, nays 21, and the amend ment was lost.

Senator Knox of the 24th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking Article 6, Section 9, Paragraph 1 and Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Local Taxation for Schools. Each county or area board of education shall levy an annual school tax, not greater than twenty mills per dollar, on the value of all taxable property within its district, exclusive of any independent system. However, in the general or local law establishing an area school district, the Gener al Assembly may authorize the area board to assess and collect from each county within its district its proportionate share of the annual costs thereof, and the fiscal authority of each county shall thereupon have a duty to levy an annual school tax therefor as if it were a county board of education. The millage limitation herein may be increased or removed when approved in a referendum in the district affected by a majority of those voting therein. However, to the extent required to qualify for all State funds available for a minimum school program as established by general law, no mil lage limitation shall apply."
Senator Smalley of the 28th offered the following amendment to the Carter amendment:
Amend the amendment of Senator Carter of the 14th to Article 6, Section 9, Paragraph 1 by adding after the word county in the first line the words "Board of Education".
The Smalley amendment to the Carter amendment was adopted.
On the adoption of the Carter amendment as amended, Senator Carter of the 14th called for the ayes and nays, and the call was sustained.

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A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carter Conway Gayner Gordy Heard

Johnson of 42nd Johnson of 38th Kidd Knox Maclntyre Moore McWhorter

Pelham Phillips Plunkett Scott Smalley Wesberry Yancey

Those voting in the negative were Senators:

Carlton Downing Ellis Hall Harrison Holloway Hunt

Kendrick Lee McKinnon Noble Rowan Searcey

Smith Spinks Tribble Webb Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, as amended, the ayes were 22, nays 19, and the amendment was lost.

Senator Gayner of the 5th withdrew his notice that at the proper time he would move that the Senate reconsider its action on Article 5, Section 3, Para graph 2 (c).

On the adoption of Article 6, Section 10, Paragraph 2, Senator McKinnon of the 7th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Carlton Carter Ellis Gillis Gordy Harrison Heard Holloway

Knox Lee Loggins McKinnon Noble Plunkett Rowan Scott

Spinks Thomas Tribble Webb Yancey Young Zorn

MONDAY, JUNE 15, 1964

Those voting in the negative were Senators:

Brewer Brown of 34th Coggin Johnson of 42nd

Johnson of 38th Maclntyre Phillips

Searcey Smalley Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of Paragraph 2, the ayes were 23, nays 10, and the para graph was lost.

Senator Carlton of the 21st gave notice that at the proper time he would move that the Committee reconsider its action on Article 6, Section 10, Para graph 2.

Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 7, Section 1, Paragraph 3 and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Consolidation, Merger, Division. The General Assembly may, by a local act, provide for the consolidation of two or more counties into a single county, or for the merger of two or more counties into an existing county, or for the division of an existing county and the merger of portions thereof into existing counties, and, in connection therewith, for the location of the county site. However, no such law may become effective without the con currence of a majority vote in referendums in each county affected in each of which referendums a majority of the qualified voters voted. The General Assembly may provide for the necessary im plementation hereof, except that incumbent members of the General Assembly shall serve out the remainder of the terms to which they have been elected."

On the adoption of the amendment, the ayes were 31, nays 4, and the amend ment was adopted.

Senators Phillips of the 27th, Webb of the llth and Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 7, Section 1, Paragraph 6 and in serting in lieu thereof a new Paragraph 6 to read as follows:

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"Paragraph 6. County Officers, Elections, Terms and Compen sation.

"(a) The Clerk of the Superior Court, Ordinary, Sheriff, Tax Receiver, Tax Collector, Tax Commissioner, Treasurer, Coroner and Surveyor shall be elected by the electors of their county for terms of four years. Their qualifications, powers and duties, and the grounds and procedure for their removal, shall be as provided by general law.

"(b) Subject to Article 2, Section 8, Paragraph 4, the General Assembly, by local act, may abolish any county office, except the office of Ordinary, and transfer the powers and duties thereof to another county office or otherwise make provision therefor.

"(c) County officers shall be compensated on a fee basis, a salary basis or any combination thereof, as the General Assembly may provide. Any fee authorized to be paid as compensation to any county officer shall be prescribed in a general law which shall be applicable uniformly throughout the State. When the compensation of a county officer is prescribed in a local act, he shall not receive any fees, compensation or allowances under the provision of any general law unless specifically authorized to do so in such local act. The General Assembly, by general law, may abolish the fee system of compensation of any county officer and in this event, no such officer shall receive any fees under the provisions of any general or local law."

The amendment was adopted.
Senator Conway of the 41st offered the following amendment:
Amend HR 6, Article 7, Section 1, Paragraph 8, Subparagraph 4, by inserting between the words "health" and "programs" the words "and sanitation."
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
Senators Webb of the llth, Phillips of the 27th and Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 7, Section 1, Paragraph 8 (a) (12) and inserting in lieu thereof a new Subparagraph (a) (12) to read as follows:
"12. To the extent that governmental immunity from liability for injuries to persons or property does not apply to counties and to its activities, or is waived by the General Assembly, the pur chase of liability insurance to provide protection against such liability."

MONDAY, JUNE 15, 1964

521

The amendment was adopted.

Senator Johnson of the 42nd offered the following amendment:
Amend HE 6 by striking Article 7, Section 1, Paragraph 8 (c) in its entirety.

On the adoption of the amendment, the ayes were 32, nays 4, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend Article 7, Section 1, Paragraph 8 (b) of HR 6 by adding in the first sentence between the words "garbage" and "electricity" the following:
"development of specific geographic areas within the county,"

On the adoption of the amendment, the president called for the ayes and nays, and the vote was as follows:

Those voting in the affirmative were Senators:

Coggin Conway Ellis Gayner Gordy

Hall Kidd Loggins Pelham Rowan

Searcey Smalley Spinks Thomas Zorn

Those voting in the negative were Senators:

Brewer Carlton Carter Downing Heard Holloway Hunt Johnson of 42nd

Kendrick Maclntyre Miller McKinnon Phillips Plunkett Salome

Scott Smith Tribble Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 14, nays 22, and the amend ment was lost.

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JOURNAL OF THE SENATE,

Senator Gayner of the 5th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment.

Senator Smalley of the 28th offered the following amendment:
Amend HR 6 by striking from Article 7, Section 1, Paragraph 8 (b) "the qualified voters of any such proposed district" and by substituting in lieu thereof "the property owners of property lying within such district".

On the adoption of the amendment, the president ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Coggin Gayner Gillis Gordy Johnson of 38th

Kidd Knox Maclntyre Pelham Rowan Salome Smalley

Smith Spinks Thomas Webb Young Zorn

Those voting in the negative were Senators:

Brown of 34th Carlton Carter Conway Downing Ellis Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Loggins Miller McKinnon

Owens Phillips Plunkett Searcey Tribble Wesberry Yancey

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 20, nays 22, and the amendment was lost

Senator Jackson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 7, Section 1, Paragraph 8 (b) and inserting in lieu thereof a new Subparagraph (b) to read as follows:

MONDAY, JUNE 15, 1964

523

"(b) Except under the authority of a general or local law, a county may not provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax upon the taxable property in such district for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law."

The amendment was adopted.

Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd, and Phillips of the 27th offered the following amendment:
Amend HR 6 by renumbering Article 7, Section 1, Paragraph 9 as Article 7, Section 1, Paragraph 10; and
By renumbering Article 7, Section 1, Paragraph 10 as Article 7, Section 1, Paragraph 11; and
By inserting a new Paragraph 9 to read as follows:
"Paragraph 9. Home Rule for Counties.
"(a) The governing authority of each county shall have legis lative power to adopt ordinances, resolutions or regulations re lating to its property, affairs and local government for which no provision has been made by general law and which is not incon sistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regu late the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof.
"(b) Except as provided in Subparagraph (c), a county may as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
"1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ

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once a week for three weeks within a period of sixty days immediate ly preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of exami nation and inspection by the public. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.

"2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least ten per centum of the electors of the county registered to vote in the last general elec tion, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The ordinary shall determine the validity of such petition. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or re peal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediate ly preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy there of is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect, other wise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if incon sistent with any provision of this Constitution or if provision has been made therefor by general law.
"(c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution.

MONDAY, JUNE 15, 1964

525

"1. Action affecting any elective county office or the personnel thereof other than the county governing authority.
"2. Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation, of the county governing authority.
"3. Action defining any criminal offense or providing for criminal punishment.
"4. Action adopting any form of taxation beyond that authorized by law on the effective date of this Constitution.
"5. Action regulating any business or business activity inconsistent with any regulation thereof by any agency of the State.
"6. Action affecting the exercise of the power of eminent domain.
"7. Action affecting any court or the personnel thereof.
"8. Action affecting any public school system.

"(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.

"(e) Nothing in this Paragraph shall affect the provisions of Paragraphs 10 and 11 of this Section."

Senator Zorn of the 6th offered the following amendment to the Webb amendment:
Amend HB 6, Article 7, Sec. 1, Par. 9 by a new sub-section (f) to read as follows:
"The power granted in sub-paragraphs (a) and (b) of this Paragraph shall not include the power to govern or regulate ac commodations for the public in privately owned facilities, except for the purposes of public safety and health; nor shall it include the power to govern or regulate in any manner what people or class of people shall be employed by any private employer."

On the adoption of the Zorn amendment to the Webb amendment, Senator Zorn of the 6th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Carlton Downing Ellis

Gayner Gillis Gordy

Harrison Heard Holloway

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Kendrick Kidd Lee Miller McKinnon

JOURNAL OF THE SENATE,

Rowan Scott Searcey Spinks Thomas

Webb Yancey Young Zorn

Those voting in the negative were Senators:

Brewer Coggin Conway Johnson, 42nd

Johnson, 38th Knox Maclntyre Phillips

Plunkett Smalley Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the Zorn amendment to the Webb amendment, the ayes were 23, nays 11, and the amendment was lost.

Senator Zorn of the 6th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment.

The Webb amendment to Article 7, Section 1, Paragraph 9 was adopted.

Senators Webb of the llth, Johnson of the 42nd and Smalley of the 28th offered the following amendment:
Amend HR 6 by adding to Article 7, Section 4 a new Paragraph to be known as Paragraph 3 to read as follows:
"Paragraph 3. Classification of Counties and Cities. Any act of the General Assembly enacted after the effective date of this Constitution applying only to certain units of local government according to a classification based on population shall be considered a local act, but the General Assembly may establish systems which classify all counties or all municipalities, or all other units of local government of the same nature, on the basis of population, or any other reasonable basis related to the classification and enact general laws having application to any one or more of such classifications."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

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527

Senator Johnson of the 42nd offered the following amendment:

Amend HR 6 by adding to Article 7, Section 4, a new Paragraph 4 to read as follows:

"Paragraph 4. Local Initiative, Referendum, Recall Author ized. The General Assembly may authorize counties, or munici palities, or both, in the exercise of their home rule powers, to employ the initiative, or referendum or recall."

Senator Webb of the llth offered the following amendment to the Johnson amendment:
Amend the Johnson amendment to Article 7, Section 4, Paragraph 4 of HR 6 by striking the words "or recall".

On the adoption of the Webb amendment to the Johnson amendment, the ayes were 28, nays 8, and the Webb amendment was adopted.

On the adoption of the Johnson amendment as amended, the ayes were 32, nays 4, and the Johnson amendment was adopted as amended.

Senator Johnson of the 42nd gave notice that at the proper time he would move that the Committee reconsider its action on the Webb amendment to the Johnson amendment to Article 7, Section 4, Paragraph 4.

Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.

The motion prevailed, and the Senate resumed the regular order of business.

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia, Tuesday, June 16, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Hubert A. White, associate pastor, First Methodist Church, Atlanta, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller McKinnon McWhorter Noble Owens Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Senator Gordy of the 15th reported that the journal of yesterday's pro ceeding had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

TUESDAY, JUNE 16, 1964

529

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following resolutions of the House and Senate to-wit:

HR 83. By Clark of Catoosa and Tucker of Catoosa:
A resolution proposing an amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County; and for other purposes.

HR 38. By Moore and Dean of Polk:
A resolution proposing an amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County School system and the independent school system of Cedartown; and for other purposes.

HR 63. By Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority; and for other purposes.

HR 72. By Keyton and Russell of Thomas:
A resolution proposing an amendment to Article VII, Sec. VII, Par. V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of Certain projects; and for other purposes.

HR 84. By Melton and Bolton of Spalding:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; and for other purposes.

SR 12. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain side-

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walks outside the limits of any incorporated municipality within the County; and for other purposes.

The House has agreed to the Senate amendments of the following bills of the House:

HB 25. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend, consolidate, revise and supersede an act incorporating the town of Elizabeth; and for other purposes.

HB 66. By Messrs. Wilson and Flournoy of Cobb:
A bill to amend an act creating a new charter for the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes.

The House has passed by the requisite constitutional majority the following bill of the House to-wit:

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur and Rhodes of Baker: A bill to amend Code Section 24-2501, relating to the judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit, to place the solicitor-general of the Sowega Judicial Circuit on an annual salary; and for other purposes.
The House has passed by the requisite constitutional majority the following resolution of the House to-wit:
HR 88. By Dicus of Muscogee, Jones and Pickard of Muscogee: A resolution proposing an amendment to the Constitution so as to ex empt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and County ad valorem taxation; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to-wit:

TUESDAY, JUNE 16, 1964

531

HB 69. By Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing supplementary appropriations for the fiscal year ending June 30, 1964; and for other purposes.

The following resolutions were introduced, read the first time, and referred to committees:
SR 40. By Senator Kendrick of the 32nd: A resolution proposing an amendment to the Constitution so as to in crease the number of tax assessors for Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.
HR 38. By Mr. Moore of Polk: A resolution proposing an amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County School system and the independent school system of Cedartown and those pro visions authorizing an additional two mill tax levy for educational purposes within Polk County; and for other purposes.
Referred to Committee on Rules.
HR 63. By Messrs. Newton and Matthews of Colquitt: A resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County De velopment Authority insofar as the extent of the Authority's operations are concerned; and for other purposes.
Referred to Committee on Rules.
HR 72. By Messrs. Keyton and Russell of Thomas: A resolution proposing an amendment to Article VII, Sec. VII, Par. V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; and for other purposes.
Referred to Committee on Rules.
HR 83. By Messrs. Clark and Tucker of Catoosa: A resolution proposing an amendment to the Constitution so as to repeal an amendment providing for a Board of Tax Administrators for Catoosa

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County and to abolish said Board effective December 31, 1964; and for other purposes.
Referred to Committee on Rules.

HR 84. By Messrs. Melton and Bolton of Spalding:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.
Referred to Committee on Rules.

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur and Rhodes of Baker:
A bill to amend Code section 24-2501, relating to the judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit, to place the solicitor-general of the Sowega Judicial Circuit on an annual salary; and for other purposes.
Referred to Committee on Judiciary.

HB 69. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing supplementary appropriations for the fiscal year ending June 30, 1964; and for other purposes.
Referred to Committee on Appropriations.

HR 88. By Messrs. Dicus, Jones and Pickard of Muscogee:
A resolution proposing an amendment to the Constitution so as to ex empt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and County ad valorem taxation; and for other purposes.
Referred to Committee on Rules.

The following local resolutions, favorably reported by the committee, were read the third time, and put upon their passage.

HR 14. By Messrs. Echols and Caldwell of Upson:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru-

TUESDAY, JUNE 16, 1964

533

mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.

Senator Byrd of the 17th offered the following amendment:
Amend HR 14 by striking from Section 1, immediately at the be ginning thereof, the following: "Article VII, Section VII, Paragraph I" and substituting in lieu thereof the following: "Article VII, Section VI, Paragraph I"; and
By striking from subparagraph (6) of Paragraph D, as it appears between the words "such" and "projects" the word "projects" and substituting in lieu thereof the word "project"; and
By striking from Paragraph P the word "relating" as it appears between the words "in" and "to" and substituting in lieu thereof the word "relation".

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Coggin Conway Downing Ellis Gayner Gillis Gordy Hall Heard Holloway

Hunt Jackson Kendrick Knox
Lee Loggins Maclntyre McKinnon McWhorter Noble Owens Pennington Phillips

Plunkett Rowan Salome Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

By unanimous consent, verifications of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 39, nays 0.

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JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.

HR 33. By Mr. Vaughn of Rockdale:
A RESOLUTION
Proposing an amendment to the Constitution so as to add two addi tional members to the Board of Education of Rockdale County; to pro vide for their election and terms of office; to provide for the election of a chairman by the Board; to provide for his term of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding after that paragraph which reads as follows:
"The members of the county Board of Education of Rockdale County shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratification of this amendment, it shall be the duty of the Ordinary of Rockdale County to call an election for the purpose of electing by the qualified voters in each school district of a member of the county Board of Education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the Judge of the Superior Court for the unexpired term. One member from each of the existing militia districts in Rockdale County shall be elected to serve on said board, and only the registered and qualified voters in each militia district shall vote for the election of a member from that district. For the purpose of this resolution each such militia district shall be known and designated as a school district.",
the following paragraphs:
"In addition to the members provided for above, there shall be two additional members of the Board of Education of Rockdale County who shall be elected by the qualified voters of the entire county. The first additional members shall be elected in the general election at which this amendment is ratified, and shall take office on January 1, 1965, and shall serve for a term of office of two years and until their successors are duly elected and qualified. Candidates offering for election to the Board at said election shall qualify with the Ordinary of Rockdale County between Sep-

TUESDAY, JUNE 16, 1964

535

tember 25, 1964 and October 7, 1964. Thereafter, all successors to the additional members of the Board of Education added by this amendment shall serve for a term of four years and until their successors are duly elected and qualified.
"At the first meeting of the Board in each odd-numbered year, the Board shall elect a chairman to serve for a term of office of two years. If any vacancy should occur in the office of chairman, the same shall be filled by the Board by electing a successor thereto."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County.
"Against ratification of amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th

Coggin Conway Downing

Ellis Gayner Gillis

536
Gordy Hall Heard Holloway Hunt Jackson Kendrick Knox Lee Loggins

JOURNAL OP THE SENATE,

Maclntyre McKinnon McWhorter Noble Owens Pennington Phillips Plunkett Rowan Salome

Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 39, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 48. By Mr. Paris of Barrow:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the name of the Barrow County Industrial Building Authority; to provide for a different method of appointment of certain members of said Authority; to authorize Barrow County to levy a tax not to exceed one mill to support said Authority; to repeal Senate Resolution No. 180 adoped at the 1964 session of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Senate Resolution No. 180, adopted at the 1964 session of the Gen eral Assembly and found in Georgia Laws 1964, at page 1047, proposing an amendment to the Constitution so as to authorize Barrow County to levy a tax not to exceed one mill for the purpose of encouraging and promoting the expansion and development of commercial facilities in Barrow County, is hereby repealed in its entirety.
SECTION 2
Article 5, Section 10 of the Constitution, as amended by an amend ment ratified at the November, 1962 General Election and found in

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537

Georgia Laws 1962, at page 1027, creating the Barrow County Industrial Building Authority, is hereby amended by striking Section 1, Paragraph A of said amendment in its entirety and substituting in lieu thereof a new Paragraph A to read as follows:

"A. There is hereby created a body corporate and politic in Barrow County, to be known as the Winder-Barrow Industrial Building Authority, which shall be an instrumentality of Barrow County and the City of Winder and a public corporation, and which in this amendment is hereafter referred to as the 'Authority'."

Said amendment is further amended by striking Section 1, Para graph B, in its entirety and substituting in lieu thereof a new Para graph B to read as follows:

"B. The Authority shall consist of five members. The Presi dent of the Winder-Barrow Chamber of Commerce, the Mayor of the City of Winder, and the Chairman of the Barrow County Board of Commissioners of Roads and Revenues shall be members of the Authority. In addition, the Board of Commissioners of Roads and Revenues of Barrow County shall appoint one member who shall serve for a term of five years and who shall be eligible for reappointment. The Mayor and Council of the City of Winder shall also appoint one member who shall serve for a term of five years and who shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of County Commis sioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act."
Said amendment is further amended by adding at the end of Section 1, Paragraph G, the following:

"Provided, however, the governing authority of Barrow County is hereby authorized to levy a tax not to exceed one (1) mill on all the taxable property located in said County for the purpose of encouraging and promoting the expansion and development of in dustrial and commercial facilities in Barrow County, and is hereby authorized to remit to the Authority all or part of the proceeds of the tax levied to be used by the Authority only for the purpose of applying such funds to indebtedness incurred by the Authority, which shall include payment of funds towards the retirement of any revenue bonds or certificates issued by the Authority."

SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution changing the name of the Barrow County Industrial Building Authority to the Winder-Barrow Industrial Building Authority and changing the method of appointment of certain members of the Authority and authorizing Barrow County to levy a one mill tax to support the Authority.

"Against ratification of amendment to the Constitution changing the name of the Barrow County Industrial Building Authority to the Winder-Barrow Industrial Building Authority and changing the method of appointment of certain members of the Authority and authorizing Barrow County to levy a one mill tax to support the Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer
Broun of 46th Brown of 34th Coggin Conway Downing Ellis Gayner Gillis Gordy Hall Heard Holloway

Hunt
Jackson Kendrick Knox Lee Loggins Maclntyre McKinnon McWhorter Noble Owens Pennington Phillips

Plunkett
Rowan Salome Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

TUESDAY, JUNE 16, 1964

539

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 39, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HE 49. By Vaughn of Rockdale:
A RESOLUTION
To amend a Resolution proposing an amendment to Article VII, Section VI, Paragraph I of the Constitution (Resolution Act No. 90, Ga. Laws 1962, p. 768), which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
A resolution proposing an amendment to Article VII, Section VI, Paragraph I of the Constitution (Resolution Act No. 90, Ga. Laws 1962, p. 768), which authorizes the General Assembly to create the Rockdale County-Conyers Water Authority, is hereby amended by strik ing the quoted language in Section 1 in its entirety and inserting in lieu thereof the following:
"The General Assembly is hereby authorized to create by local act the Rockdale County-Conyers Water Authority. Such Authori ty, if created, shall be authorized to:
"(a) acquire, construct, operate and maintain projects em bracing sources of water supply and the distribution and sale of water and to do all things and to take all actions relative to the construction, maintenance and operation of a water system. The General Assembly may by local act authorize and empower the Rockdale County-Conyers Water Authority to acquire, construct, operate and maintain storm and sanitary sewerage collection, treat ment and disposal systems or projects and to combine the same with any projects embracing sources of water supply and the distribu tion and sale of water and operate said combined systems or proj ects as an undertaking. The General Assembly may further autho rize and empower said Authority to issue water and sewerage revenue bonds and to pledge to the payment thereof the revenues

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JOURNAL OP THE SENATE,

of said water and sewerage systems and such taxes of Rockdale County and the City of Conyers as the General Assembly may au thorize for the purpose of aiding the Authority in its undertakings. The General Assembly may further authorize and empower said Authority to assume the operation of any water system or sewerage system, or any combination thereof, of either the City of Conyers or Eockdale County or both, and, with the consent of the holders thereof, assume the payment of the principal of and the interest and premium, if any, on any revenue obligations heretofore issued, with respect to any such system by either the City of Conyers or Rockdale County.

"(b) The General Assembly shall provide for the composition of the Authority and for all other matters relative thereto, includ ing duties, powers, and authority. The General Assembly may au thorize the Authority to issue revenue bonds and may authorize Rockdale County and the City of Conyers to levy taxes for the purpose of aiding the Authority. The General Assembly may also provide that the Authority shall have the right to assume the operation of the water system of either said county or city, or both, and may provide that, in the event revenue bonds or certificates of either have been issued, such bonds or certificates may be as sumed by the Authority, upon approval of the holders thereof. If such Authority is created by the General Assembly, the law creat ing the same shall contain all necessary provisions relative to said Authority. The law creating such Authority shall provide that it shall not come into existence without the approval of both the governing authority of Rockdale County and the governing authori ty of the City of Conyers."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority.
"Against ratification of amendment to the Constitution so as to recreate the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority."

TUESDAY, JUNE 16, 1964

541

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Coggin Conway Downing Ellis Gayner Gillis Gordy Hall Heard Holloway

Hunt Jackson Kendrick Knox Lee Loggins Maclntyre McKinnon McWhorter Noble Owens Pennington Phillips

Plunkett Rowan Salome Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 39, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 50. By Messrs. Harrington and Chandler of Baldwin:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; to provide the powers, authority, funds, purposes, organization and procedures

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JOURNAL OP THE SENATE,

connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
Article VII, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. City of Milledgeville-Baldwin County Recreation Authority. There is hereby created a body corporate and politic to be known as the City of Milledgeville-Baldwin County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Au thority shall consist of nine (9) members, five (5) of which shall be appointed by the governing authority of the City of Milledgeville and the remaining four (4) members shall be appointed by the governing authority of Baldwin County. The five (5) members appointed initially by the governing authority of the City of Milledgeville shall be appointed for terms of one (1) year, two (2) years, three (3) years, four (4) years and five (5) years, respec tively, beginning January 1, 1965. Upon expiration of each of said terms, the governing authority of the City of Milledgeville shall make subsequent appointments for five-year terms. If a vacancy occurs during any term, the governing authority of the City of Milledgeville shall fill the vacancy for the unexpired portion of such term. The remaining four (4) members appointed initially by the governing authority of Baldwin County shall be appointed for terms of one (1) year, two (2) years, three (3) years and four (4) years, respectively, beginning on January 1, 1965. Upon expira tion of each of said terms, the governing authority of Baldwin County shall make subsequent appointments for five-year terms. If a vacancy occurs during any term, the governing authority of Baldwin County shall fill the vacancy for the unexpired portion of such term. The appointments to the Authority herein required to be made by the governing authority of the City of Milledgeville and the governing authority of Baldwin County may be made at any special or regular meeting of said authorities, and the initial appointments herein required shall be made on or before December 15, 1964. All members, duly appointed, shall hold office until their successors shall be appointed and duly qualified. No person may serve as a member of the Authority and at the same time serve as a member of the governing authority of the City of Milledgeville including the mayor or the governing authority of Baldwin County. On January 2, 1965, the members of the Authority shall enter upon their duties, hold an organizational meeting and determine the date on which their annual meeting will be held which date may be changed in such manner as may be provided by the Authority.

TUESDAY, JUNE 16, 1964

543

"The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and vice-chairman to serve from the organizational meeting of the Authority in 1965 until the annual meeting in 1966, or until their successors are elected and qualified. Subsequent chairman and vice-chairman shall be elected at the annual meeting of the Authority for a term of one (1) year. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority, and, if not a member, he or she shall have no voting rights and shall be elected to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of the Authority shall hold more than one office except that of secretary and treasurer. Five (5) members of the Authority eligi ble to vote shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own govern ment. It shall have perpetual existence.

"B. Definitions. As used herein, the following words and terms shall have the following meaning, unless a different meaning clearly appears from the context:

"(1) The word 'Authority' shall mean the City of MilledgevilleBaldwin County Recreation Authority created hereby.

" (2) The word 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of a recreation center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, stadiums, athletic fields and courts, club houses, gymnasiums, parking areas, parking facilities and related buildings and the usual and convenient facilities apper taining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the Authority to be necessary, convenient or desirable.

"(3) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construc tion, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or

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incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue bonds issued under the provisions herein for any such project or projects.

"(4) The terms 'revenue bonds', 'bonds' and 'obligations' as used herein, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are here inafter authorized.

"(5) Any project shall be deemed 'self-liquidating' if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operat ing, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

"C. Powers. The Authority shall have powers:

"(1) To have a seal and alter the same at pleasure.

"(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes.

"(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements there in or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispo sition of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions herein except from the funds provided under the authority herein, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be made by the court having jurisdiction of the suit, action or pro-

TUESDAY, JUNE 16, 1964

545

ceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby au thorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the
credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Baldwin County or in any municipality incorporated in said county, the governing au thority or body of said county or of any said municipalities, is hereby authorized to convey title to such lands to the Authority if said property is unserviceable or cannot be advantageously or benefically used by said county or municipalities upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the Chairman of the Authority.

"(4) To appoint, select and employ, officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective com pensations.
"(5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and cor porations and any and all political subdivisions, departments, institu tions or agencies of the State are hereby authorized to enter into con tracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to muni cipal corporations and counties and to the Authority to enter into contracts, lease and sub-lease agreements, with the Director of the Division of State Parks, Historical Sites and Monuments of the Department of Natural Resources of the State of Georgia, or other agencies or departments thereof relative to parks and recreational centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and with the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or de-

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partment thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in para graph R herein.

"(6) To construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or in strumentality thereof.

"(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America of such agency or instrumentality, may impose.

"(8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentali ty or political subdivision, may impose.

"(9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.

"(10) To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with the Constitution and laws of this State.

"(11) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus proper ty, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in paragraph R herein.

"(12) To do all things necessary or convenient to carry out the powers expressly given herein.

"D. Annual Registration of Motor Vehicles; Fees; Penalty. The governing authority of Baldwin County shall be authorized to re quire the annual registration of every motor vehicle in the county and to collect annual fees for registering such motor vehicles not in excess of $4.00 for each registration. All sums derived therefrom shall be used first for the payment of all costs in registering said

TUESDAY, JUNE 16, 1964

547

motor vehicles, and the remainder thereof, if any, shall be deposited in a fund to be used by the Authority for the purposes provided herein. The said governing authority shall be authorized to promul gate and prescribe the forms to be used and rules and regulations necessary to require the annual registration of motor vehicles as herein set out. Any person, firm or corporation failing to register any motor vehicle required herein to be registered shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. As used herein, motor vehicles shall include the following: passenger cars, motorcycles, private trucks, farm trucks, private trailers, house trailers, auto trailers, boat trailers, trucks or trailers used as common or contract carriers, leased trucks, hearses, ambulances, earth moving machinery and any other vehicle that is now or may hereafter be required to be licensed with the State Revenue Commissioner or his successor by whatever name called.

"E. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as here in defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amend ment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both prin cipal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

"F. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, includ ing any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the prin cipal and interest.

"G. Same; Signatures; Seal. In case any officer whose signa ture shall appear on any bonds or whose facsimile signature shall

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JOURNAL OF THE SENATE,

appear on any coupon shall cease to be such officer before the deliv ery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the secretary and treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and secretary and treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

"H. Same; Negotiability; Exemption from Taxation. All reve nue bonds issued under the provisions herein shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and govern mental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.

"I. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par.

"J. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the is suance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

"K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

"L. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

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549

"M. Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any reso lution, providing for the issuance of revenue bonds under the pro visions herein shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as provided herein.

"N. Credit not Pledged. Revenue bonds issued under the pro visions herein shall not be deemed to constitute a debt of Baldwin County, or any municipality therein, but such bonds shall be pay able solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provi sions of this paragraph.

"0. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earn ings to be received by the Authority, including, the proceeds de rived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution pro viding for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust com pany incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bond-

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holders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

"P. Same; To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as provided herein and such resolution or trust indenture may provide.

"Q. Same; Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and per
sonal of the Authority, unless otherwise pledged and allocated may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more of all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (a) the interest upon such revenue bonds as such interest shall fall due, (b) the principal of the bonds as the same shall fall due, (c) the necessary charges of paying agent or agents for paying principal and interest, and (d) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust in denture, but, except as may otherwise be provided in such resolu tion or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forth with be cancelled and shall not again be issued.

"R. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions herein or any of the coupons ap pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under

TUESDAY, JUNE 16, 1964

551

the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

"S. Same; Refunding Bonds. The Authority is hereby autho rized to provide by resolution for the issuance of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions herein and then outstanding, to gether with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions insofar as the same may be applicable.

"T. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions herein or any suit or action against such Authority shall be brought in the Superior Court of Baldwin County, Georgia, and any action pertaining to validation of any bonds issued under the provisions herein shall likewise be brought in said court which shall have exclusive, original juris diction of such actions.

"U. Same; Validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such muni cipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with re spect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation pro ceedings, contracting with the said City of Milledgeville and Bald win County Recreation Authority.

"V. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will

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be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions herein shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"W. Moneys Received Considered Trust Funds. All moneys re ceived pursuant to the Authority herein, whether as proceeds from the sale of revenue bonds, as grants of other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided herein.

"X. Purpose of the Authority. Without limiting the generality

of any provisions herein the general purpose of the Authority is

declared to be that of acquiring, constructing, equipping, maintain

ing and operating a recreational center and area or centers and

areas, including, but not limited to, playgrounds, parks, swimming

and wading pools, lakes, golf courses, tennis courts, athletic fields

and courts, club houses, gymnasiums and related buildings and the

usual and convenient facilities appertaining to such undertakings

and extensions and improvements of such facilities acquiring the

necessary property therefor both real and personal, and to lease or

sell any or all of such facilities, including real property, and to do

any and all things deemed by the Authority necessary, convenient

or desirable for and incident to the efficient and proper develop-

i

ment and operation of such types of undertakings.

"Y. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and in anticipation of the collection of the revenues and income of such undertakings or projects is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construc tion, reconstruction, improvement, equipment, betterment or exten sion of its lands and facilities and to pledge to the punctual pay ment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its lands and facilities.
"Z. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the pro visions herein, including the basis on which recreational facilities shall be furnished.

"AA. Powers Declared Supplemental and Additional. The fore going provisions shall be deemed to provide an additional and alter-

TUESDAY, JUNE 16, 1964

553

native method for the doing of the things authorized thereby and shall be regarded as supplemental and additional powers and shall not be regarded as in derogation of any powers now existing."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Au thority; to provide the powers, authority, funds, purposes, organi zation and procedures connected therewith."

"Against ratification of amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authori ty; to provide the powers, authority, funds, purposes, organization and procedures connected therewith."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Kidd of the 25th offered the following amendment:
Amend HR 50 as follows:
By striking quoted paragraph A of Section 1 which consists of two written paragraphs in its entirety and inserting in lieu thereof a new paragraph A to consist of two written paragraphs and to read as follows:
"A. City of Milledgeville-Baldwin County Recreation Authori ty. There is hereby created a body corporate and politic to be known as the City of Milledgeville-Baldwin County Recreation Au-

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thority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of their officers, agents and employees. The Authority shall consist of six (6) members, three (3) of which shall be appointed by the governing authority of the City of Milledgeville and the remaining three (3) members shall be appointed by the governing authority of Baldwin County. The three (3) members appointed initially by the governing authority of the City of Mil ledgeville shall be appointed for terms of one (1) year, two (2) years and three (3) years, respectively, beginning January 1, 1965. Upon expiration of each of said terms, the governing authority of the City of Milledgeville shall make subsequent appointments for three-year terms. If a vacancy occurs during any term, the govern ing authority of the City of Milledgeville shall fill the vacancy for the unexpired portion of such term. The remaining three (3) mem bers appointed initially by the governing authority of Baldwin County shall be appointed for terms of one (1) year, two (2) years and three (3) years, respectively, beginning on January 1, 1965. Upon expiration of each of said terms, the governing authority of Baldwin County shall make subsequent appointments for three-year terms. If a vacancy occurs during any term, the governing authori ty of Baldwin County shall fill the vacancy for the unexpired por tion of such term. The appointments to the Authority herein re quired to be made by the governing authority of the City of Mil ledgeville and the governing authority of Baldwin County may be made at any special or regular meeting of said authorities, and the initial appointments herein required shall be made on or before December 15, 1964. All members, duly appointed, shall hold office until their successors shall be appointed and duly qualified. No per son may serve as a member of the Authority and at the same time serve as a member of the governing authority of the City of Mil ledgeville including the mayor or the governing authority of Bald win County. On January 2, 1965, the members of the Authority shall enter upon their duties, hold an organizational meeting and deter mine the date on which their annual meeting will be held which date may be changed in such manner as may be provided by the Authori ty.
"The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and vice-chairman to serve from the organizational meeting of the Authority in 1965 until the annual meeting in 1966, or until their successors are elected and qualified. Subsequent chairmen and vice-chairmen shall be elected at the annual meeting of the Authority for a term of one (1) year. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority, and, if not a member, he or she shall have no voting rights and shall be elected to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of

TUESDAY, JUNE 16, 1964

555

the Authority shall hold more than one office except that of secre tary and treasurer. Pour (4) members of the Authority eligible to vote shall constitute a quorum. A majority of the quorum is em powered to exercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own govern ment. It shall have perpetual existence."

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Coggin Conway Downing Ellis Gayner Gillis Gordy Hall Heard Holloway

Hunt Jackson Kendrick Knox Lee Loggins Maclntyre McKinnon McWhorter Noble Owens Pennington Phillips

Plunkett Rowan Salome Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 39, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.

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HR 57. By Mr. Parker of Screven:

A RESOLUTION

Proposing an amendment to the Constitution so as to repeal a pro posed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; to provide for the election of the members of the Board of Education of Screven County by the people; to provide the procedure connected there with; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Screven County by the people (Ga. Laws 1964, p. 835), is hereby repealed in its entirety.

SECTION 2

Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Screven County shall be composed of seven (7) members to be elected as hereinafter provided. Posi tions on the Board shall be numbered 1 through 7, respectively, and shall coincide with the educational districts hereinafter provided for.
"For the purposes of electing members to the Board of Educa tion of Screven County, Screven County is divided into the follow ing educational districts: District No. 1, which shall be composed of Georgia Militia District No. 34; District No. 2, which shall be composed of Georgia Militia District Nos. 37, 38 and 260; District No. 3, which shall be composed of Georgia Militia District No. 1676; District No. 4, which shall be composed of Georgia Militia District Nos. 259 and 36; District No. 5, which shall be composed of Georgia Militia District No. 1653; and District No. 6, which shall be composed of Georgia Militia District Nos. 80 and 1286. Candidates offering for the above positions on the Board of Edu cation of Screven County shall reside within that district which corresponds with the position on the Board for which they offer as candidates. Members shall be elected to the Board only by those electors which reside within the district for which they offer for election. The chairman of the Screven County Board of Education shall be Post No. 7, and he may reside within any district and shall be elected by the voters of the entire county. In the event this amendment is ratified at the general election in 1964, it shall be the duty of the ordinary of Screven County to issue the call for an election for the purpose of electing the members of the Board of

TUESDAY, JUNE 16, 1964

557

Education of Screven County created herein. Such call shall be issued within ten (10) days from the date of such ratification, and the ordinary shall set the date for such election for a day not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call. It shall be the duty of the ordinary to publish the date of the election and the purpose thereof once a week for two weeks immediately preceding the date of the election in the official organ of Screven County. Candidates for membership on the board shall qualify with the ordinary from the date of the issuance of the call up until ten (10) days prior to the date of the election. Those members elected to Post Nos. 1, 2 and 3 shall serve for a term of office of two (2) years and until their successors are elected and qualified. Those members elected to Post Nos. 4, 5, 6 and 7 shall serve for a term of office of four (4) years and until their successors are elected and qualified. All seven (7) members elected in said election shall take office on January 1, 1965. There after, all successors to the initial members of the Board of Educa tion of Screven County shall be elected in that general election held in that year in which the term of office shall expire and shall take office on January 1 following their election and shall serve for a term of office of four (4) years and until their successors are elected and qualified. In the event a vacancy occurs on the board for any reason other than the expiration of a term of office, the remaining members of the board shall elect a person to serve for the unexpired term. The Board of Education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1964, but the terms of all members of such board shall expire at that time, and such Board of Education shall stand abolished. The board created herein shall be the successor to such abolished board, and such board and the members thereof shall be subject to all constitutional and statutory provisions rela tive to county boards of education and to county board members unless such provisions are in conflict with the provisions of this amendment."

SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Screven County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Screven County by the people."

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All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The Committee on Rules offered the following amendment:
Amend HR 57 by striking from Section 2 the following: "District No. 5, which shall be composed of Georgia Militia District No. 1653;" and substituting in lieu thereof the following: "District No. 5, which shall be composed of Georgia Militia District Nos. 35 and 1653;".

On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Coggin Conway Downing Ellis Gayner Gillis Gordy Hall Heard Holloway

Hunt Jackson Kendrick Knox Lee Loggins Maclntyre McKinnon McWhorter Noble Owens Pennington Phillips

Plunkett Rowan Salome Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 39, nays 0.

TUESDAY, JUNE 16, 1964

559

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.

HR 32. By Messrs. Griffin and Conger of Decatur:
A resolution proposing an amendment to the Constitution, so as to provide for the creation of the Bainbridge-Decatur County Beverage Control Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Senator Gayner of the 5th moved that HR 32 be recommitted to the Com mittee on Rules.

On the motion, the ayes were 25, nays 8.

The motion prevailed, and HR 32 was recommitted to the Committee on Rules.

Senator Carlton of the 21st moved that the Senate do now resolve itself into a Committee of the Whole for the purpose of considering the following resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The motion prevailed.

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Johnson of the 42nd offered the following amendment:
Amend HR 6 by striking Article 8, Section I in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1
"ELECTIONS
"Paragraph 1. Elector Qualifications. Every citizen of this State, eighteen years of age or more, qualified as provided by law, shall be an elector and entitled to vote in any election by the people,

560

JOURNAL OF THE SENATE,

but the General Assembly shall by law provide for minimum periods of residence, reasonable, requirements of character, literacy and education, and disqualifications for mental incompetency or con viction of a crime involving moral turpitude.

"Paragraph 2. Election Laws. The General Assembly shall by law provide for the registration of all electors, insure secrecy in voting, define residency for voting purposes, provide for the man ner and place of voting, and provide for the administration of elec
tions.

"Paragraph 3. Privilege of Electors from Arrest. Electors shall, except for treason, felony, larceny, and breach of the peace be privileged from arrest during their attendance on elections, and in going to and returning therefrom.

"Paragraph 4. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Monday
in November."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

Senator Zorn of the 6th moved that the Committee reconsider its action on the following amendment:
Senator Zorn of the 6th moves to amend Article 7, Section 1, Para graph 9 by a new sub-section (f) to read as follows:
"The power granted in sub-paragraphs (a) and (b) of this Paragraph shall not include the power to govern or regulate accommodations for the public in privately owned facilities; except for the purpose of public safety and health; nor shall it include the power to govern or regulate in any manner what people or class of people shall be employed by any private employer."

On the motion to reconsider, the ayes were 28, nays 0, and the motion prevailed.

On the adoption of the amendment, Senator Zorn of the 6th called for the ayes and nays, and the call was sustained.

TUESDAY, JUNE 16, 1964

561

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Carlton Carter Ellis Gayner Gillis Gordy Harrison
Heard

Holloway Knox Lee McKinnon Noble Plunkett Rowan Smith

Spinks Thomas Tribble Webb Yancey Young Zorn

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th
Coggin Conway Johnson of 42nd

Johnson of 38th Maclntyre McWhorter Pelham Pennington Phillips

Salome Searcey Smalley Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment, the ayes were 23, nays 16, and the amendment was lost.

Senator McKinnon of the 7th moved that the Committee reconsider its action on Article 6, Section 10, Paragraph 2.

On the motion to reconsider, the chairman called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Carter Gillis Gordy Heard Jackson Kendrick Kidd Knox

Lee McKinnon McWhorter Noble Pelham Pennington Plunkett
Rowan

Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Coggin

Conway Johnson of 42nd Johnson of 38th Maclntyre

Phillips Salome Searcey Smalley

By unanimous consent, verification of the roll call was dispensed with.

On the motion to reconsider, the ayes were 24, nays 12, and the motion was lost.

Senator Wesberry of the 37th moved that the Committee reconsider its action on the amendment to Article 5, Section 2, Paragraph 8.

On the motion to reconsider, the chairman called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Coggin Conway Ellis Gordy Hall Heard Holloway Jackson

Johnson of 42nd Johnson of 38th Kidd Knox Maclntyre McWhorter Pelham Pennington Plunkett Rowan Salome

Searcey Smalley Smith Spinks Thomas Tribbla Wesberry Yancey Young Zorn

Those voting in the negative were Senators:

Carter Gayner Kendrick

Lee Noble Phillips

Webb

By unanimous consent, verification of the roll call was dispensed with.

On the motion to reconsider, the ayes were 32, nays 7, and the motion prevailed.

TUESDAY, JUNE 16, 1964

563

On the adoption of the amendment, the ayes were 32, nays 4, and the amendment was adopted.

Senator Broun of the 46th asked that the Committee reconsider its action on the following amendment of Senator Broun of the 46th:
Amend HR 6 by adding at the end of the second sentence of Article 7, Section 1, Paragraph 11, between the word "municipalities" and the word "The", the following words: "of this State and adjoining states", so that when so amended Paragraph 11 shall read as follows:
"Paragraph 11. County Planning and Zoning. The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential, and recre ational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other counties and municipalities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing author ity is hereby authorized to participate in the costs of such planning commission."

The consent was granted.

On the adoption of the amendment, the ayes were 30, nays 1, and the amendment was adopted.

Senator Coggin of the 35th offered the following amendment:
Amend HR 6 by adding in the second sentence of Article 7, Section 1, Paragraph 11, after the word "commission" the words "separately or".

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
Senator Knox of the 24th moved that the Committee reconsider its action on the amendment to Article 6, Section 9, Paragraphs 1, 2 and 3.
On the motion to reconsider, the chairman called for the ayes and nays, and the call was sustained.

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JOURNAL OF THE SENATE,

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carter Coggin Conway Gayner Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Kidd Knox Lee Maclntyre
Noble Pennington Phillips Plunkett Rowan

Salome Searcey Smith Spinks Thomas Tribble Wesberry Yancey Young Zorn

Those voting in the negative were Senators Downing and Ellis.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 21, nays 13, and the amendment was lost.

Senator Carter of the 14th offered the following amendment:
Amend HR 6 by striking from Article 6, Section 9, Paragraph 3, the words and comma: "but for not more than two years in succession," and
By changing the word "may" as it appears between the word "be" and the word "levy" to "shall".
The amendment was adopted.
Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd and Phillips of the 27th offered the following amendment:
Amend HR 6 by striking Article 7, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
Paragraph 2. Home Rule for Municipalities.
"(a) The governing authority of each municipality shall have legislative power to adopt ordinances, resolutions or regulations relating to its property, affairs and local government for which

TUESDAY, JUNE 16, 1964

565

no provision has been made by general law and which are not in consistent with this Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a municipal governing authority under this Section, except as authorized under Subparagraph (c) hereof.

"(b) Except as provided in Subparagraph (c), a municipality may, as an incident of its home rule power, amended its charter by following either of the procedures hereinafter set forth:

"1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal gov erning authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority for the purpose of examination and inspection by the public. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if incon sistent with any provision of this Constitution or if provision has been made therefor by general law.

"2. Amendments to such charters or amendments to or repeals of such ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the governing authority of the municipality containing the signa tures of at least ten per centum of the electors of the municipality registered to vote in the last general municipal election, which peti
tion shall specifically set forth the exact language of the proposed amendment or repeal. The governing authority shall determine the validity of such petition. In the event the governing authority determines that such petition is valid, it shall be the duty of such authority to issue the call for an election for the purpose of sub mitting such amendment or repeal to the registered electors of the municipality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once

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JOURNAL OF THE SENATE,

a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority for the purpose of examination and inspection of the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the munici pality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as otherwise provided herein. It shall
be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.

"(c) The power granted to municipalities in Subparagraphs (a) and (b) shall not be construed to extend to the following mat ters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters
shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution.

"1. Action affecting the composition, form, procedure for elec tion or appointment, compensation, and expenses and allowances in the nature of compensation, of the municipal governing authority.

"2. Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State, and to prescribe penalties for such ordinance violations.

"3. Action adopting any form of taxation beyond that author ized by law on the effective date of this Constitution.

"4. Action affecting the exercise of the power of eminent domain.

"5. Action regulating any business activity inconsistent with any regulation thereof by any agency of the State.

"6. Action affecting any court or the personnel thereof, except any municipal court having jurisdiction only over municipal ordi nances.

"7. Action affecting any public school system.

TUESDAY, JUNE 16, 1964

567

"(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil rela tionships, except as is incident to the exercise of an independent
governmental power.

"( e ) Nothing in this Paragraph shall affect the provisions of Paragraphs 3 and 4 of this Section."

Senator Coggin of the 35th offered the following amendment:
Amend the amendment of Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd and Phillips of the 27th as follows:
By striking sub-paragraph "5" of sub-paragraph "c" of Paragraph 2 of Section 2 of Article 7 in its entirety.

On the adoption of the Coggin amendment to the Webb amendment, the ayes were 8, nays 20, and the amendment was lost.

Senator Coggin of the 35th gave notice that at the proper time he would move that the Committee reconsider its action on the amendment to the Webb amendment to Article 7, Section 2, Paragraph 2.

Senator Carter of the 14th offered the following amendment to the Webb amendment:
Amend the amendment of Senators Webb of the llth, Smalley of the 28th, Johnson of the 42nd and Phillips of the 27th to HR 6 as follows:
By striking Article 7, Section 2, Paragraph 2 (c) 7 in its entirety and inserting in lieu thereof a new paragraph 2 (c) 7 to read as follows:
"7. Action changing charter provisions relating to the estab lishment and operations of an independent school system."

On the adoption of the Carter amendment to the Webb amendment, the ayes were 28, nays 2, and the Carter amendment to the Webb amendment was adopted.

On the adoption of the Webb amendment as amended, the ayes were 36, nays 0, and the Webb amendment was adopted as amended.

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JOURNAL OF THE SENATE,

Senator Webb of the llth offered the following amendment:

Amend HR 6 by striking Article 7, Section 2, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality and no municipal boundaries shall be changed except by local act of the General Assembly or by such methods as may be provided by general law."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

Senator Broun of the 46th offered the following amendment:
Amend HR 6 by adding at the end of the second sentence of Article 7, Section 2, Paragraph 4, between the word "counties" and the word "The", the following words: "of this State and adjoining states", so that when so amended Paragraph 4 shall read as follows:
"Paragraph 4. Municipal Planning and Zoning. The govern ing authority of each municipality is empowered to enact appro priate planning and zoning ordinances for public safety, historic, health, business, residential or recreational purposes. Such govern ing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other munici palities and counties of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to partici pate in the costs of such planning commission."

The amendment was adopted.
Senator Coggin of the 35th offered the following amendment: Amend HR 6 by adding in the second sentence of Article 7, Section
2, Paragraph 4, after the word "commissions" the words "separately or",

The amendment was adopted.
Senator Gayner of the 5th asked unanimous consent that the Committee re consider its action on Article 5, Section 1, Paragraph 3 (g).

TUESDAY, JUNE 16, 1964

569

The consent was granted.

Senator Gayner of the 5th offered the following amendment:
Amend HR 6 by striking Artcile 5, Section 1, Paragraph 3 (h) in its entirety and inserting in lieu thereof a new Subparagraph (h) to read as follows:
"(h) The General Assembly may exempt from all ad valorem taxes, except for school purposes, all property and improvements thereon, which property is held under lease from the State or any instrumentality thereof, and which is located on an island owned by the State and operated by an Authority created by the General Assembly."

On the adoption of the amendment, the ayes were 34, nays 12, and the amendment was adopted.

On the adoption of Article 8, Section 2, Paragraph 1, the ayes were 8, nays 30, and the paragraph was not adopted.

On the adoption of Article 8, Section 3, Paragraph 1, the ayes were 24, nays 13, and the paragraph was not adopted.

Senator Holloway of the 12th moved that the Senate reconsider its action on Article 5, Section 1, Paragraph 2 of HR 6, and the motion prevailed.

Senator Holloway of the 12th offered the following amendment to an amendment of Senator Johnson of the 42nd:
Amend HR 6 by adding in Article 5, Section 1, Paragraph 2, subparagraph (c) on the sixth line between the words "the" and "tax" the word "preceding".

The amendment to the Johnson amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend HR 6 by striking Article 10 in its entirety and inserting in lieu thereof a new Article 10 to read as follows:

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JOURNAL OF THE SENATE,

ARTICLE 10

MISCELLANEOUS PROVISIONS

SECTION 1

MISCELLANEOUS PROVISIONS

Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified; and all general, special and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.

Paragraph 2. Continuation of Previous Constitutional Amend ments. If constitutional at the time they became effective, amend ments to the Constitution of 1877 which were continued in force by Article VII, Section X of the Constitution of 1945, amendments to the Constitution of 1945 which required a vote of the people of the political subdivision or subdivisions directly affected in order
to be ratified, and amendments to the Constitution of 1945 using
population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be legal, valid and constitutional under this Constitution, and the rights, authority and privileges granted under said amendments are hereby confirmed and approved and may be exercised as therein provided, unless expressly amended or repealed as hereinafter pro vided. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization contained in any of the aforesaid amendments are likewise continued in force and effect as such laws existed at the time of the effective date of this Constitution, and are hereby declared to be constitutional under this Constitution.

If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are contained as statutory
law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a refer endum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification and in no event shall contractual or other vested rights be adversely affected thereby.

Paragraph 3. Ratification of Certain Statutes. If not in con flict with the provisions of this Constitution, all statutes enacted after the time of the ratification of this Constitution and before

TUESDAY, JUNE 16, 1964

571

the time of the effective date of this Constitution, which have the same or a later effective date as this Constitution, are hereby declared to be constitutional under this Constitution.

Paragraph 4. Special Provisions With Respect to Ports Authorities. The creation of the Brunswick Ports Authority, the Savannah District Authority (formerly named Savannah Port Authority) and the grant of powers thereto by the General Assembly of Georgia, pursuant to statutes enacted prior to the effective date hereof, is hereby ratified and the constitutionality of such creation and the grant of said powers and the exercise thereof is hereby confirmed until changed by law. In order that ports authorities may be named in uniformity and recognized as such, the name of the Savannah District Authority is hereby changed to Savannah Port Authority, and all grants of powers given it in its name of Savannah District Authority are hereby confirmed.

Paragraph 5. Effective Date. This Constitution shall become effective on April 1, 1965.

On the adoption of the amendment, the ayes were 28, nays 1, and the amendment was adopted.

Senator Phillips of the 27th asked unanimous consent that Article 1, Section 1, Paragraph 13 be reconsidered.

The consent was granted.

Hunt of 26th Young of 13th Spinks of 9th Jackson of 16th Knox of 24th Kidd of 25th Scott of 23rd Downing of 1st Tribble of 3rd McKinnon of 7th Rowan of 8th Holloway of 12th Thomas of 54th Noble of 19th

Salome of 36th Puqua of 22nd Heard of 29th Coggin of 35th Yancey of 33rd Broun of 46th Gordy of 15th Moore of 31st Harrison of 48th Hall of 52nd Lee of 47th Pincher of 51st Kendrick of 32nd

Gillis of 20th Noble of 19th Brewer of 39th Carlton of 21st Brown of 34th Loggins of 53rd Wesberry of 37th Maclntyre of 40th Searcey of 2nd Ellis of 44th Zorn of 6th McWhorter of 43rd Pennington of 45th

moved to amend Committee amendment to HR 6-1 as follows:

By striking the Committee amendment to Article 1, Section 1, Para graph 12 in its entirety and inserting in lieu thereof a new Paragraph 12 to read as follows:

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JOURNAL OF THE SENATE,

"Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dic tates of his own conscience. No person or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness or justify practices inconsistent with public peace and safety."

On the adoption of the amendment, the ayes were 36, nays 4, and the amendment was adopted.
Senators Conway of the 41st, Phillips of the 27th, Gayner of the 5th, Plunkett of the 30th, offered the following amendment:
Amend HR 6 by striking Paragraph 13, Section 1 of Article 1 and substituting therefor:
"Paragraph 13. Guarantee of Freedom of Speech and the Pub lic's Right to Know. No law shall ever be passed to curtail or re strain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty; and the public shall always have the right to be informed of the actions of all government agencies and tax-supported bodies."

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

Senator Broun of the 46th offered the following amendment:
Amend the amendment of Senators Webb of the llth, Smalley of the 28th, and Johnson of the 42nd to HR 6 by inserting in the first sentence of Article 5, Section 5, Paragraph 1, between the word "other" and the word "or", the words "with any other state or political sub division thereof" so that when so amended Paragraph 1 shall read as follows:
"Paragraph 1. General Authorization. The State, or any de partment or agency thereof, any county, municipal corporation, school district, political subdivision, public agency, public corpora tion or authority may contract, for any period not exceeding fifty years, with each other, with any other state or any political sub division thereof, or with the United States Government, or any department or agency thereof, for the use of any existing or pro posed facility or for the performance of any service which the contracting parties are otherwise authorized to use or to perform. No such contract shall be unlawful because it may involve to any extent an unauthorized delegation of authority. A party to a con tract hereunder may convey to the other party real or personal

TUESDAY, JUNE 16, 1964

573

property to be vised solely for the purpose for which the contract was executed; such property may not be mortgaged or pledged."

The amendment to the Webb, Smalley and Johnson amendment was adopted.

Senator Miller of the 50th moved that the Committee reconsider its action on Article 3, Section 12.

On the motion, Senator Miller of the 50th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 34th Ellis Hall Heard Hunt

Kendrick Kidd Loggins Moore Noble

Those voting in the negative were Senators:

Brewer Broun of 46th Carter Conway Downing Gordy Hollo way Jackson Johnson of 42nd

Knox Lee Maclntyre McKinnon Pelham Pennington Phillips Plunkett Salome

Owens Rowan Scott Spinks Young
Searcey Smalley Smith Thomas Tribble Webb Wesberry Yancey Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the section, the ayes were 15, nays 27, and the section was not adopted.

Senators Carlton of the 21st and Webb of the llth offered the following amendment:
Amend HR 6 by striking Article 2, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

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"Paragraph 1. Apportionment of House of Representatives. The apportionment of the membership of the House of Representatives shall be substantially based on population as the General Assembly shall provide. The General Assembly is hereby authorized to pro vide for districts as nearly of equal population as is practicable, and the member or members from each district shall be elected by the electors of such district. After ths first act of the General Assembly meeting the requirements of this Paragraph becomes law, such apportionment shall be changed by the General Assembly, if necessary, at its first session after each United States Decennial Census becomes official."

On the adoption of the amendment, the ayes were 37, nays 4, and the amendment was adopted.

The Committee of the Whole Senate offered the following amendments:
By renumbering all Articles, Sections, Paragraphs and Subparagraphs according to the amendments adopted to said HR 6-1.
By striking Article 3, Section 10, Paragraph 2 in its entirety.
By striking Article 4, Section 1, Paragraph 4 in its entirety.
By striking Article 5, Section 1, Paragraph 3 (a) (11) in its entirety.
By striking Article 6, Section 10, Paragraph 2 in its entirety.
By striking Article 8, Sections 2 and 3 in their entirety. The amendments were adopted.

Senator Carlton of the 21st moved the Committee recommend that HR 6 do pass as amended.
On the motion, the ayes were 41, nays 0, and the motion prevailed.
Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.
The motion prevailed, and the Senate resumed the regular order of business.
Senator Carlton of the 21st reported that the Committee of the Whole recommended that HR 6 do pass as amended.

TUESDAY, JUNE 16, 1964

575

Senator Kendrick of the 32nd asked unanimous consent that the following resolution of the Senate be withdrawn:

SR 40. By Senator Kendrick of the 32nd: A resolution proposing an amendment to the Constitution so as to in crease the number of tax assessors for Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The consent was granted.
Senator Wesberry of the 37th propounded the following parliamentary in quiry :
Mr. President I rise to a point of parliamentary inquiry and I ask unanimous consent that the ruling of the chair be recorded upon the journal of this body.
Mr. President I respectfully request the chair to rule whether. . .
a) This body is sitting as the Senate of the State of Georgia in extraordinary session for the purpose of amending the State Constitution; or
b) This body is sitting as a constitutional convention for the purpose of revising the State Constitution.
Or, if these two purposes are not applicable, I request the chair to state the official purpose and authority of this meeting of this body, and to specifically rule whether by any construction this body may be considered as meeting as a constitutional convention.
In response to the parliamentary inquiry of Senator Wesberry of the 37th, the President of the Senate gave the following answer:
"This Senate is here in extraordinary session pursuant to a call from His Excellency, the Governor, a copy of which has been received by every senator."
Senator Pelham of the 10th, Chairman of the Committee on Senate Admini strative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as

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JOURNAL OF THE SENATE,

Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor: SB 12.
Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

WEDNESDAY, JUNE 17, 1964

577

Senate Chamber, Atlanta, Georgia, Wednesday, June 17, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Vemard Robertson, pastor, First Methodist Church, Americus, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gordy Hall Heard Holloway Hunt

Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.

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The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 78. By Towson and Knight of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, approved Dec. 1, 1893; as amended, so as to change the method of selection of an accountant to conduct audits; and for other purposes.

HB 79. By Towson and Knight of Laurens: A bill to amend an act creating a new charter for the City of Dublin, as amended, so as to change the hours for which polls shall remain open; and for other purposes.
HB 80. By Clarke of Monroe: A bill to authorize the use of voting machines in all elections conducted within Monroe County and the City of Forsyth; and for other purposes.
The House has agreed to Senate amendment to the following bill of the House:
HB 51. By Paris of Barrow: A bill to abolish the present method of compensating the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector, Tax Receiver of Bar row County, known as the fee system and substituting in lieu thereof the salary system; and for other purposes.
The House has adopted the following resolution of the House:
HR 108. By Messrs. Groover of Bibb, Hale of Dade, Alien of Tift, Baughman of Early, Mixon of Irwin and others: A resolution requesting the two United States Senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases; and for other purposes.

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Senator Spinks of the 9th asked unanimous consent that the following bill of the House be recalled from the House for the purpose of amending:

HB 65. By Messrs. Newton and Matthews of Colquitt:
A bill to change the corporate limits of the City of Moultrie; and for other purposes.

The consent was granted.

The following bills were introduced, read the first time, and referred to committees:

HB 78. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, as amended, so as to change the method of selection of an accountant to conduct an audit of the books; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 79. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating a new charter for the City of Dublin, as amended, so as to change the hours for which the polls shall remain open for elections conducted within the City of Dublin; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 80. By Mr. Clarke of Monroe:
A bill to authorize the use of voting machines in all elections conducted within Monroe County and the City of Forsyth; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 38. By Mr. Moore of Polk:
A resolution proposing an amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County School system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County; and for other purposes.

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HR 63. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's opera tions are concerned; and for other purposes.

HR 72. By Messrs. Keyton and Russell of Thomas:
A resolution proposing an amendment to Article VII, Sec. VII, Par. V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; and for other purposes.

HR 83. By Messrs. Clark and Tucker of Catoosa:
A resolution proposing1 an amendment to the Constitution so as to repeal an amendment providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964; and for other purposes.

HR 84. By Messrs. Melton and Bolton of Spalding:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur and Rhodes of Baker:
A bill to amend Code section 24-2501, relating to the judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit, to place the solicitor-general of the Sowega Judicial Circuit on an annual salary; and for other purposes.

HB 69. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A bill to amend an act providing supplementary appropriations for the fiscal year ending June 30, 1964; and for other purposes.
Referred to Committee on Appropriations.
HR 88. By Messrs. Dicus, Jones and Pickard of Muscogee: A resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equip-

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ment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and County ad valorem taxation; and for other purposes.
Referred to Committee on Rules.

Mr. Brown of the 34th District Chairman of the Committee on County and Municipal Governments submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments had had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 67. Do Pass. HB 68. Do Pass. HB 70. Do Pass. HB 74. Do Pass. HB 75. Do Pass. HB 76. Do Pass. HB 77. Do Pass.
Respectfully submitted, Brown of 34th district, Chairman.

The following general resolution, favorably reported by the committee, was read the third time, and put upon its passage:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A RESOLUTION
Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1945 and all amendments thereof by striking in their entirety Article I (Bill of Rights), Article II (Elective Fran chise), Article III (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Coun ties and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the

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Constitution), Article XIV (Merit System), Article XV (Home Rule), Article XVI (Slum Clearance and Redevelopment), and by inserting in in lieu thereof, after the preamble of the Constitution of the State of Georgia of 1945, new Articles, as follows: Article I (Bill of Rights), Article 2 (Legislative Branch), Article 3 (Judiciary), Article 4 (Execu tive Branch), Article 5 (Public Finance), Article 6 (Education), Article 7 (Counties and Municipal Corporations - Home Rule - Slum Clearance and Redevelopment), Article 8 (Elective Franchise), Article 9 (Amend ments to the Constitution), Article 10 (Miscellaneous Provisions); to provide for an effective date; to provide for the submission of this amendment, as one amendment, to the qualified voters of the State of Georgia for ratification or rejection at the general election to be held in November, 1964.

Whereas, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

That the Constitution of the State of Georgia of 1945 and all amend ments thereof appearing after the preamble, be and it is hereby pro posed to be amended as one single amendment by striking therefrom in their entirety Article I (Bill of Rights), Article II (Elective Fran chise), Article III (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Municipal Corporations), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), Article XV (Home Rule), Article XVI (Slum Clearance and Redevelopment), and inssrting in lieu thereof new Articles Numbers 1 through 10 inclusive, so that when so amended, the Constitution of the State of Georgia of 1945 shall read, beginning with the preamble, as follows:

PREAMBLE

To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.

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ARTICLE I

BILL OF RIGHTS

SECTION I

RIGHTS OF THE CITIZEN

Paragraph 1. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times amenable to them.

Paragraph 2. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.

Paragraph 3. Life, Liberty, and Property. No person shall be de prived of life, liberty, or property, except by due process of law.

Paragraph 4. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph 5. Benefit of Counsel: Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation or indictment as the case may be, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph 6. Crimination of Self not Compellable. No person shall be compelled to give testimony tending in any manner to criminate himself.

Paragraph 7. Banishment and Whipping as Punishment for Crime, Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.

Paragraph 8. Jeopardy of Life or Liberty More Than Once For bidden. No person shall be put in Jeopardy of life, or liberty, more than once for the same offense, save on his own motion for a new trial after conviction, or in case of mistrial.

Paragraph 9. Bail; Fines; Punishment; Arrest; Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.

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Paragraph 10. Costs in Criminal Cases. No person shall be com pelled to pay costs or suffer any lien against his property therefor, except after conviction and final adjudication on appeal, if any.

Paragraph 11. Habeas Corpus. The writ of habeas corpus shall not be suspended.

Paragraph 12. Freedom of Conscience. Every man has the natural and inalienable right to worship God according to the dictates of his own conscience. No person or authority shall in any way control or interfere with such right, and no one shall be molested in person or property, or prohibited from holding any public office or trust on account of his religious opinions. However, this right shall not be construed to excuse acts of licentiousness of justify practices inconsistent with public peace and safety.

Paragraph 13. Liberty of Speech or the Press Guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.

Paragraph 14. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, places of business, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, sup ported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Evidence obtained in violation of this Paragraph shall not be admissible in any Court against any person.

Paragraph 15. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

Paragraph 16. Status of the Citizen. The social status of the citizen shall never be the subject of legislation.
Paragraph 17. Civil Authority Superior to Military. The civil au thority shall be superior to the military. In time of peace, no member of the armed or defense forces shall be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magis trate, in such manner as may be provided by law.
Paragraph 18. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.
Paragraph 19. Imprisonment for Debt. There shall be no imprison ment for debt.
Paragraph 20. Arms, Right to Keep and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.

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Paragraph 21. Legislative, Judicial and Executive Powers, Sepa rate. The legislative, judicial and executive powers shall forever re main separate and distinct, and no person discharging the duties of one shall, at the same time, exercise the functions of either of the others, except as otherwise provided in this Constitution.

Paragraph 22. Right to Assembly and Petition. The people have the right to assembly peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.

Paragraph 22. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.

SECTION 2

CERTAIN OFFENSES DEFINED

Paragraph 1. Libel, Jury in Criminal Cases; New Trials. In all pro secutions or indictments for libel the truth may be given in evidence as a defense. The jury in all criminal cases shall be the judges of the law and the facts. The power of the judges to grant new trials, in case of conviction, is preserved.

Paragraph 2. Treason. Treason against the State of Georgia shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court.

Paragraph 3. Effect of Conviction. No conviction shall cause the forfeiture of the estate of the convicted person, nor prejudice in any way the rights of his heirs.

Paragraph 4. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.

Paragraph 5. Fraud; Concealment of Property. The General As sembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.
SECTION 3

PROTECTION TO PERSONS AND PROPERTY

Paragraph 1. Private Ways; Just Compensation. In case of necess ity, private ways may be granted upon just compensation being first

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paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid; except that when private property is taken or damaged for public road and street purposes by the State and the counties and the munici palities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness, in which cases the General Assembly shall by law require such condemnor to make prepayment against adequate compensation as estimated from the sworn affidavit of condemnor's appraiser as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the right and equities of the property owner, others holding an interest in the property, lien holders and the State and its subdivisions may be protected.

Paragraph 2. Bills of Attainer; Ex Post Facto and Retroactive Laws; Laws Impairing Obligation of Contracts. No bill of attainer, ex post facto law, retroactive law, or law impairing the obligation of con tracts, or making irrevocable grant of special privileges or immunities, shall be passed.

Paragraph 3. Wife's Separate Estate. All property of the wife at the time of her marriage, all property given to her, all property inherited by her, and all property acquired by her shall remain her separate property and shall not be liable for the debts of her husband.

SECTION 4

SPECIAL LEGISLATION FORBIDDEN

Paragraph 1. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no local or special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights shall be varied in any particular case by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent.

Paragraph 2. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void and the judiciary shall so declare them.

SECTION 5

GOVERNMENTAL RIGHTS OF THE PEOPLE

Paragraph 1. State Rights. The people of this State have the inherent, sole and exclusive right of regulating their internal govern ment, and the police thereof, and of altering and abolishing their Con stitution whenever it may be necessary to their safety and happiness.

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Paragraph 2. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.

ARTICLE 2

LEGISLATIVE BRANCH

SECTION 1

LEGISLATIVE POWER, WHERE VESTED

Paragraph 1. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.

SECTION 2

SENATE

Paragraph 1. Number and Apportionment of Senators. There shall be fifty-four senatorial districts, and one Senator shall be elected from each district by the electors of such district. The General Assembly shall have authority to rearrange and change senatorial districts, The appor tionment of the Senate shall be based on population and shall be changed by the General Assembly, if necessary, at its first session after each United States decennial census becomes official.

Paragraph 2. Qualifications of Senators. At the time of their elec tion, the members of the Senate shall be citizens of the United States, shall have been citizens of this State for at least four years immediately preceding their election, and shall have been residents of the territory embraced within the district from which elected for at least one year immediately preceding their election. At the time of taking office, such members shall be at least twenty-five years of age.

SECTION 3
HOUSE OF REPRESENTATIVES
Paragraph 1. Number of Representatives.
(a) The apportionment of the House of Representatives shall be based on geography and shall consist of not less than one Representative from each county.
(b) There shall be forty-six additional Representatives to be appor tioned among the several counties in such manner as the General As sembly may provide, but until such time as the General Assembly shall otherwise provide, such additional Representatives shall be apportioned

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among the several counties as follows: To the eight counties having the largest population, two additional Representatives each; and to the thirty counties having the next largest population, one additional Represen tative each.

Paragraph 2. Qualifications of Representatives. At the time of their election, the members of the House of Representatives shall be citizens of the United States, shall have been citizens of this State for at least two years immediately preceding their election, and shall have been residents of the county from which elected for at least one year im mediately preceding their election. At the time of taking office, such members shall be at least twenty-one years of age.

SECTION 4

OFFICERS OF THE GENERAL ASSEMBLY

Paragraph 1. President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. The President of the Senate shall have no vote, except:

(a) When the Senate shall be equally divided on an issue;

(b) When only one additional vote shall be required for a consti tutional majority; and

(c) In Senate committees as prescribed by the Senate rules.

Paragraph 2. Speaker of the House of Representatives. The pre siding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected from the member ship of the House of Representatives by a majority of its membership by a roll call vote thereof.

Paragraph 3. Officers, Employees and Committees of the Two Houses. In addition to the President of the Senate and the Speaker of the House of Representatives, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives. The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives shall be elected from the membership of their respec tive houses and such officers and the Secretary and Clerk shall be elected by a roll call vote by a majority of the membership of the respec tive house in which they are to serve. The President Pro Tempore shall act as President in case of the death, resignation or disability of the President, or in the event of the succession of the President to the executive power. When acting as President of the Senate, however, the President Pro Tempore shall have the same voting privileges as any other member of the Senate. The Speaker Pro Tempore shall act as Speaker in case of the death, resignation or disability of the Speaker, or in the event of the succession of the Speaker to the executive power. Each house is hereby authorized to provide for its own assistants and

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589

employees and fix the compensation therefor. Interim committees may be created by or pursuant to authority of the General Assembly or either house.
SECTION 5
THE GENERAL ASSEMBLY

Paragraph 1. Terms of Members. The members of the General As sembly shall be elected for terms of two years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of their terms of office.

Paragraph 2. Election and Seating of Members. The first regular election for members of the General Assembly under this Constitution shall be held on Tuesday after the first Monday in November, 1966, and subsequent elections shall be held biennially on the same day, unless the day of election is changed by law. Each house shall be the sole judge of the election, returns and qualifications of its members.

Paragraph 3. Oath. Each Senator and Representative, before taking his seat, shall take such oath or affirmation as shall be prescribed by law.
Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house, the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in odd-numbered years or for longer than forty days in the aggregate in even-numbered years, except that by a joint resolution adopted by a three-fifths vote of the members of each house, the maxi mum days of a regular annual session may be extended for a period of not more than seven days, and such resolution need be read only once in each house before a vote thereon. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is completed.

Paragraph 5. Quorum. A majority of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members as each house may provide.

Paragraph 6. Adjournments. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other, and in case of dis agreement between the two houses on a question of adjournment, the Governor may adjourn either or both of them.

Paragraph 7. Eligibility; Appointments Forbidden. No person on active duty with any branch of the armed forces of the United States, and no person holding any civil appointment or office having any emolu-

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ment or compensation annexed thereto, under the United States, this State or any other State, except justices of the peace, members of the militia, members of the reserve armed forces, and members of the Na tional Guard, and no person who is a defaulter for public money or for any legal taxes required of him, as determined by the Members of the General Assembly, shall have a seat in either house. No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat; but during the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during such term.

Paragraph 8. Removal from District or County, Effect of. The seat of a member of either house shall be vacant upon his changing his legal residence from the district or the county from which he was elected.

Paragraph 9. Effective of Reapportionment. No reapportionment of the Senate or House of Representatives pursuant to the provisions of Section 2 or 3 above shall affect any then incumbent member of either house and such member may continue to serve out the remainder of the term for which he was elected and no vacancy shall exist with respect to such seat until the expiration of such term.

Paragraph 10. Compensation. The members of the General Assem bly shall receive such compensation and allowances as may be provided by law. No change in the amount thereof shall apply to the General Assembly making such change, except that any law relative to such compensation and allowances enacted by the General Assembly which convened in 1965 may be applicable to the members of such General Assembly and shall be effective as provided in such law.

Paragraph 11. Elections by the General Assembly. When the Sen ate and the House of Representatives meet in joint session for the pur pose of elections, they shall meet in the Hall of the House of Repre sentatives. All such elections shall be by a roll call vote, and the vote shall be recorded on the Journal of the House of Representatives. The President of the Senate shall preside over such joint sessions and de clare the result of such elections. In the absence of the President, the Speaker of the House of Representatives shall preside and declare such results.

Paragraph 12. Disorderly Behavior or Conduct; Punishment. Each house shall have power to punish its members for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion. No member shall be expelled, however, except by the affirmative vote of two-thirds of the entire membership of the house to which he belongs.

Paragraph 13. Contempts. The General Assembly is hereby au thorized to provide by law the procedure by which persons may be pun ished who are guilty of contempt of either house or any standing or special committee of either house or any interim committee created by or pursuant to authority of the General Assembly or either house. Such

WEDNESDAY, JUNE 17, 1964

591

law may provide the punishment of any such person by a fine or im prisonment, or both.
Paragraph 14. Privilege of Members. The members of both houses shall be free from arrest during sessions of the General Assembly, and in going thereto or returning therefrom, and at all other times while engaged in official legislative business, except for treason, felony or larceny. No member shall be liable to answer in any other place for anything spoken in either house or in any committee of the General Assembly or of either house.

SECTION 6

IMPEACHMENTS

Paragraph 1. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against any person who shall hold any State office or against any public officer compensated in whole or in part from State funds.
Paragraph 2. Impeachments; Trial of Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the members shall be on oath or affirmation and shall be pre sided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall elect a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the membership.
Paragraph 3. Judgments in Impeachment. In cases of impeach ment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this State; but no such judgment shall relieve any party from any criminal or civil liability.

SECTION 7

GENERAL ASSEMBLY; EXERCISE OF POWERS

Paragraph 1. Powers of the General Assembly; Rules of Each House. The General Assembly shall have the power to make all laws not inconsistent with this Constitution and not repugnant to the Con stitution of the United States. Where this Constitution merely affirms the power of the General Assembly, further provisions as to the exer cise of such power, unless the contrary plainly appears, shall be con strued as discretionary and not mandatory or restrictive. Each house may determine and adopt rules governing its proceedings consistent with the laws and Constitution of this State.
Paragraph 2. Bills to be Read. Except for resolutions extending regular annual sessions, every bill, and every resolution intended to have the effect of law, shall be read three times and on three separate days in each house before it shall pass, unless in case of invasion or insur rection; but the first and second readings may consist of the reading of the title only.

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Paragraph 3. Roll Call Vote, When Taken. At the desire of onefifth of the members present, a roll call vote on any question shall be taken and shall be entered on the journal.

Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed at each session. After publication, the original journals shall be pre served in the office of the Secretary of State, but there shall be no other record thereof.

Paragraph 5. Roll Call Vote to be Entered, When. Whenever this Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution, a roll call vote shall be taken in each house and shall be entered on its respective journal.

Paragraph 6. Majority of Members to Pass Bill. No bill, and no resolution intended to have the effect of law, shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and such vote shall so appear on the journal of each house.

Paragraph 7. Acts Signed. All acts shall be signed by the Presi dent of the Senate and the Speaker of the House of Representatives.

Paragraph 8. Rejected Bills. Any bill, or any resolution intended to have the effect of law, which shall have been rejected by either house, shall not be introduced again in the house rejecting the same or simi lar form during the same session at which it was rejected without the concurrence of two-thirds of the membership of the house by which the same was rejected.

SECTION 8

ENACTMENT OF LAWS

Paragraph 1. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter or contains matter dif ferent from what is expressed in the title thereof.

Paragraph 2. Statutes and Sections of Code, How Amended. No law or section of the Code shall be amended or repealed by mere refer ence to its title or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made.

Paragraph 3. Notice of Intention to Introduce Local Legislation. No local or special bill shall be passed unless notice of the intention to introduce same has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preced ing its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said

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bill a copy of said notice accompanied by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been pub lished as provided herein and specifying the dates of publication.

Paragraph 4. Elective Offices, Abolishment. No office to which a person has been elected shall be abolished nor the term of such office shortened or lengthened by local or special act so as to abolish such office or shorten or lengthen the term thereof during the term for which such person was elected, unless such act be approved by a ma jority of those qualified voters of the jurisdiction affected voting in a referendum. When any local law shall add any member or members to any municipal or county governing authority, the members of which
are elected by the people, such local law shall provide that the member or members so added shall be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may provide in said law.

Paragraph 5. Recognizances. The General Assembly shall have no power to relieve principals or sureties upon forfeited recognizances from the payment thereof, either before or after judgment thereof, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.

Paragraph 6. Abridgement of Right of Eminent Domain. The exer cise of the right of eminent domain shall never be abridged or con strued so as to prevent the General Assembly from taking property and franchises and subjecting them to public use.

Paragraph 7. Abridgement of Police Power. The exercise of the police power of the State shall never be abridged. Such power, however, shall not be construed so as to infringe upon the right of every citizen to enjoy equal protection under the law.

Paragraph 8. Corporate Powers, How Granted. The General As sembly shall have no power to grant corporate powers and privileges to private companies, but it shall provide by law the manner in which such powers shall be exercised by the superior courts. The Secretary of State shall issue and grant all corporate powers and privileges to banking, trust, insurance and railroad companies in such manner as shall be prescribed by law. The General Assembly shall provide by law how such charters shall be issued and granted in the event the Secretary of State shall become disqualified or unable to act.
Paragraph 9. Charters Revised or Amended Subject to Constitu tion. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. Every amend ment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provisions of this Constitu tion.

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Paragraph 10. Change of Name, How Granted. The General As sembly shall have no power to change the names of any person or per sons, but it shall provide by law the manner in which such power shall be exercised by the superior courts.
Paragraph 11. Change of Election Precincts, How Granted. The General Assembly shall have no power to establish, abolish, or otherwise change election precincts, but it shall provide by general law of uni form application the manner in which such power shall be exercised.
Paragraph 12. Contracts to Defeat Competition. All contracts and agreements which may have the effect of, or are intended to have the effect of, defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall enforce the pro visions of this Paragraph by appropriate legislation.
Paragraph 13. Regulation of Insurance. The General Assembly shall enact laws to compel all insurance companies doing business in this State, whether chartered by this State or otherwise, to deposit reason able securities with the State Treasurer to secure the people against loss by the operations of said companies. The General Assembly shall compel all insurance companies doing business in this State, under pen alties, to make annual reports to the Insurance Commissioner or other designated official or officials and print the same at their own expense, for the information and protection of the people.
Paragraph 14. Public Utilities, Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or munici pality of this State; except as provided in this Constitution.
Paragraph 15. Rebates. No public utility company shall give or pay any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished. Any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties.

SECTION 9
REVENUE BILLS
Paragraph 1. Bills for Revenue. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills.

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Paragraph 2. Public Money, How Drawn. No money shall be drawn from the State Treasury except pursuant to this Constitution or by appropriations made by law pursuant to this Constitution.

Paragraph 3. Bills Appropriating Money. No bill or resolution ap propriating money shall become a law unless, upon its passage, a roll call vote in each house is recorded.

SECTION 10

APPROPRIATIONS

Paragraph 1. Preparation, Submission and Enactments of Gen eral Appropriations Bill.
(a) The Governor shall submit to the General Assembly within five days after its convening in every odd-numbered year, a budget message and a budget report, accompanied by a draft of a General Appropria tions Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, to pay the public debt and to meet the current expenses of the State for each of the next two ensuing fiscal years.
(b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, to pay the public debt and meet the current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall commence on the first day of July of each year and terminate on the last day of June following.
(c) The General Assembly shall by general law provide for the regulation and management of the financial and fiscal administration of the State.
(d) The General Appropriation Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, pay ment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other ap propriations, including appropriations authorizing the issuance of addi tional bonds which may be issued pursuant to the authority of Article 5 of this Constitution, shall be made by separate bills, each embracing but one subject.
Paragraph 2. General Appropriations Act.
(a) Each General Appropriations Act now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption, and it shall then expire except for the mandatory appropria tions required by this Constitution and those required to meet contrac-

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tual obligations authorized by this Constitution and the continued ap propriation of federal grants.

(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treas ury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appro priations, if any, shall be made in the manner provided in Article 2, Section 10, Paragraph 3 of this Constitution, but in no event shall a supplementary appropriations act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations act was adopted and approved.

(c) All appropriated funds, except for the mandatory appropria tions required by this Constitution, remaining unexpended and not con tractually obligated at the expiration of such General Appropriations Act, shall lapse.

(d) All federal funds received by the State are hereby continually appropriated, in the exact amounts and for the purposes authorized and directed by the United States Government in making the grant.

(e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the pro visions of Article 5, Section 3, Paragraph 3, when such contract con stitutes security for bonds or other obligations issued by any such public agency, public corporation, or authority, and the appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immedi ately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly en tered into prior to the adoption of this Constitution or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract, which appropriation shall also provide the maximum amount of bonds that may be issued pursuant thereto.

(f) The obligation assumed by the State or any department or agency thereof pursuant to any contract authorized pursuant to the provisions of Article 5 of this Constitution shall constitute a general obligation of the State and the General Assembly shall include in each General Appropriations Act in the appropriation payable to each de partment or agency thereof, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be

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made by the State or any department or agency thereof in each year under contracts now or hereafter entered into pursuant to said Article 5 with any State authority or public corporation which was created and activated prior to January 1, 1961, which such contracts constitute security for bonds or other obligations heretofore or hereafter issued by any such authority or public corporation. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department or agency to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet such contractual obligations shall be due and pay able to each such department or agency in each fiscal year to be ex
pended to pay such contractual obligations as set forth in said contracts and said appropriation shall have the same legal status as if the Gen eral Assembly had included the amount of the appropriation in a Gen eral Appropriations Act.

Paragraph 3. Supplementary Appropriation Acts. In addition to the appropriations made by the General Appropriations Act and amend ments thereto, the General Assembly may make additional appropria tions by supplementary appropriation acts, but no such supplementary appropriation shall be available unless there is an unappropriated sur plus in the State Treasury or the additional revenue measures necessary to provide such supplementary appropriation shall have been enacted. Neither house shall pass a supplementary appropriation bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor.

Paragraph 4. Appropriations to be for Specific Sums. Except as is otherwise provided in this Constitution, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.

Paragraph 5. Highway Appropriations. An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of re funds, rebates and collection costs authorized by law, is hereby appro priated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia. Said sum is hereby appro priated for, and shall be available for, the aforesaid purposes regard less of whether the General Assembly enacts a General Appropriations Act. Said sum need not be specifically stated in any General Appropria tions Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes, nor shall it preclude the General As sembly from specifying the portion of such sum specified above to be used in any or all of such purposes, except as hereinafter provided, in this Constitution. The expenditure of such funds shall be subject to all

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the rules, regulations and restrictions imposed in the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this Para graph. The proceeds of the tax hereby appropriated shall not be sub ject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor.

Paragraph 6. Grants to Counties. Of the funds derived from motor fuel taxes as provided in Paragraph 5 of this Section, there is hereby appropriated for the fiscal year beginning July 1, 1965, and for each fiscal year thereafter, as grants to counties, the amounts of $4,817,013.03 to be allocated to each of the several counties as provided by an Act approved March 8, 1945 (Ga. Laws 1945, p. 316), and the amount of $4,500,000.00 to be distributed and disbursed by the State Treasurer based on information as to the total public road mileage furnished by the State Highway Department; this sum shall be distributed and dis bursed to the various counties of the State in the same proportioned basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State. The sums appro priated to counties hereunder shall be used for all activities incident to providing and maintaining an adequate system of public roads, streets, and sidewalks, including traffic control, bridges, and appurtenances thereto. In the event of a merger of two or more counties, the result ing county shall receive all of the sums provided herein for each of the counties so merged. The said sums are hereby appropriated for the aforesaid purposes regardless of whether the General Assembly enacts an appropriation act. In the event of an invasion of this State by land,
sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor.

Paragraph 7. Grants to Municipalities. Of the funds derived from motor fuel taxes as provided in Paragraph 5 of this Section, there is hereby appropriated for the fiscal year beginning July 1, 1965, and for each fiscal year thereafter, as grants to municipalities the sum of $9,325,000.00. Said sum shall be distributed by the State Treasurer as may now or hereafter be provided by law, except that no municipality having a population of five hundred or more, according to the 1960 or any future Federal Decennial Census, shall receive less than five tenthousandths of the total sum appropriated herein; and, provided further that any municipality having a population of less than five hundred according to the 1960 or any future Federal decennial census shall re ceive such portion of the minimum herein established as its population proportionately bears to five hundred. The sums appropriated to munici palities hereunder shall be used for all activities incident to providing and maintaining an adequate system of public roads, streets, and side walks, including traffic control, bridges, and appurtenances thereto. The said sums are hereby appropriated for the aforesaid purposes regard less of whether the General Assembly enacts an appropriation act. In the event of an invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive Order of the
Governor.

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Paragraph 8. Appropriations Void, When. Any Appropriation made in conflict with any of the foregoing provisions of this Section shall be void.

SECTION 11

HOMESTEAD EXEMPTIONS

Paragraph 1. Manner of Providing for Homestead Exemptions. The General Assembly shall protect by law from levy and sale a portion of the homestead and other property of the citizens in an amount of not less than $1600 and shall have authority to define those to whom such exemptions shall be allowed; to specify the amount of such exemp tions; to provide the manner of exempting such property, the sale, alienation and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor.

SECTION 12
MILITIA
Paragraph 1. Provision for Militia. The General Assembly shall provide by law for the defense and disaster forces of the State. When not in federal service, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and direc tives of the Governor in his capacity as Commander-in-Chief of the Militia. The General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the militia; for the initiation of charges and subsequent procedures thereon; and rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well-regulated and disciplined militia.

SECTION 13
ELECTIVE OFFICIALS
Paragraph 1. Salaries of Elective Officials, How Changed. The Gen eral Assembly may prescribe salaries for all elective officers provided for in this Constitution and change the same, but no such change shall diminish the amount of any salary during the term of office.
SECTION 14
VETERANS PREFERENCE
Paragraph 1. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom, shall be

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given such veterans preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly.

Provided, however, notwithstanding any such action by the Gen eral Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof.

(a) Such veteran who has at least a ten per centum service con nected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score , on such examination; and

(b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination.

SECTION 15

RETIREMENT SYSTEMS

Paragraph 1. Teachers Retirement System. There shall be a Teach ers Retirement System of Georgia as provided for by law at the time of ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Con stitution. Such System shall be on an actuarially sound basis and shall be administered by a Board of Trustees of the Teachers Retirement System of Georgia. Persons eligible for membership in said System shall be those so authorized by law at the time of the ratification of this Constitution and such other teachers as the General Assembly shall authorize. The allowances and benefits for persons who were members of such System at the time of the ratification of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appropriations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies.
Paragraph 2. Employees Retirement System. There shall be an Employees Retirement System of Georgia as provided for by law at the time of the ratification of this Constitution, with such changes as shall hereafter be provided for by law not in conflict with the provisions of this Constitution. Such System shall be on an actuarially sound basis and shall be administered by a Board of Trustees of the Emyloyees Re tirement System of Georgia. Persons eligible for membership in said System shall be those so authorized by law at the time of the ratifica tion of this Constitution and such other persons as the General Assembly

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shall authorize. The General Assembly, however, shall not hereafter authorize eligibility for any persons except employees and officials of the State government and employees of those public authorities referred to in Article 2, Section 10, Paragraph 2, Subparagraph (f) of this Con stitution. The allowances and benefits, including survivor's benefits, for persons who were members of such System at the time of the ratifi cation of this Constitution shall be not less than those authorized under laws and rules and regulations in existence at such time. All monies heretofore and hereafter paid into such System, except funds and appro priations provided for the cost of administration, are hereby declared to be trust funds and shall not be expended for any purpose except to provide allowances and benefits under such System, including Sur vivor's benefits. The investment powers of the Board with regard to such monies shall be those provided, from time to time, by law for domestic life insurance companies. The Board is hereby authorized to provide by contract for the coverage of the members of the System and eligible officials and employees of political subdivisions, under the provisions of the Federal Old Age and Survivors Insurance Program, and to amend any such contract from time to time as the Board shall deem advisable, and the General Assembly is hereby authorized to enact any legislation necessary or desirable for such purposes.
Paragraph 3. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems. The taxes so levied may be collected by such firemen's pen sion system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized.
Paragraph 4. Other Retirement Systems. There shall be such other retirement systems for other State and political subdivision officials and employees as shall now or hereafter be provided for by acts of the Gen eral Assembly.
ARTICLE 3
JUDICIARY
SECTION 1
COURTS
Paragraph 1. Courts Enumerated. The judicial power of this State shall be vested exclusively in one Supreme Court, one Court of Appeals, trial courts of general jurisdiction known as the Superior Courts, Courts of Ordinary and such other courts as have been or may be established by law.
SECTION 2
THE SUPREME COURT
Paragraph 1. Supreme Court Justices. The Supreme Court shall consist of seven justices who shall from time to time, as they deem

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proper, elect one of its members as Chief Justice, and one as Presiding Justice. The Court shall have power to hear and determine cases when sitting as a body under such regulations as may be prescribed by its rules. A majority of the Court shall constitute a quorum but the con currence of four justices shall be necessary for a decision in any case.

Paragraph 2. Jurisdiction.
(a) Original Jurisdiction. The Supreme Court shall have no origi nal jurisdiction, but shall be a court for the trial and correction of errors of law, and shall have such other powers as is necessary in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal.
(b) Appellate Jurisdiction. The Supreme Court shall have juris diction with respect to the trial and correction of errors of law from the superior courts and from such other courts as now or hereafter authorized by law, in cases involving the interpretation or application of the Constitution of the United States or of the State of Georgia, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the United States or of the State of Georgia is drawn in question, including municipal ordinances and resolutions adopted by county governing bodies, and rules and regulations adopted by public administrative agencies created by law; in all cases of conviction of a capital felony; in all equity cases; in all cases involving extraordinary remedies; in all cases involving the validity of or the construction of wills; in all cases certified to it by the Court of Appeals for its determination; and, until otherwise pro vided by its rules or by law, in all cases respecting title to land, in all habeas corpus cases and in all divorce and alimony cases; and in such other classes of cases as may be prescribed by law. The Supreme Court shall have discretionary power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Ap peals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the deter mination of cases. The decisions of the Supreme Court shall bind all other courts of this State as precedents.
Paragraph 3. Powers of Supreme Court.
(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit to the General Assembly during the first ten days of any regular session rules governing practice and procedure for the judicial system, and if both houses by concurrent action approve such rules, they shall become effective ninety days after the date of adjournment. Rules submitted by the Supreme Court may be amended by the General Assembly, and if such rules as amended shall be ap proved by the Supreme Court within thirty days after amendment and approval of same by the General Assembly, the rules as amended shall

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become effective ninety days after the date of adjournment of the General Assembly. If the Supreme Court shall not approve such rules as amended, the rules shall not become effective. The General Assembly shall always have the right to prescribe, by law, rules governing prac tice and procedure, and shall have the right to adopt, amend, modify or repeal any rule or law governing practice and procedure, which action shall not be subject to approval by the court. The rules in force upon the effective date of this Constitution shall continue in force until changed as provided herein.

(b) The Supreme Court shall by rule govern organization of the bar, standards of professional conduct, and the discipline of the mem bers of the bar; but the General Assembly shall have the authority to repeal, modify or amend any such rule. No such rule or law shall deprive any member of the bar of the right to a trial by jury in the county of his residence upon any disbarment proceeding or disciplinary action pursuant to any such rule or law.

SECTION 3

THE COURT OF APPEALS

Paragraph 1. Judges of the Court of Appeals. The Court of Ap peals shall consist of such number of judges as may now or hereafter be provided by law. The Court may from time to time elect one of its members as Chief Judge and such number of Presiding Judges as may be prescribed by its rules. The Court may adopt such rules of practice in cases before it and the manner of hearing and determining cases as are not inconsistent with the rules of the Supreme Court.
Paragraph 2. Jurisdiction.
(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction but shall be a court for the trial and correction of errors of law, and shall have such other powers as is necessary in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal.
(b) Appellate Jurisdiction. The Court of Appeals shall have juris diction with respect to the trial and correction of errors of law from the superior courts and from such other courts as now or hereafter authorized by law in such cases as may be prescribed by law or by the rules of the Supreme Court not inconsistent with this Constitution. When the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportunity to be heard thereon, may instruct the Court of Appeals on the question so certified without re gard to whether or not the answer to such question is determinative of the entire case, and the Court of Appeals shall be bound hereby. In case no such instruction is given by reason of an equal division of opin ion among the Justices of the Supreme Court, the Court of Appeals shall decide the case. In the event of an equal division of judges on any

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case when the Court of Appeals is sitting as a body, the case shall be transferred immediately to the Supreme Court. The manner of certify ing cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe.

SECTION 4

SELECTION AND TENURE OP JUSTICES OP THE SUPREME COURT AND JUDGES OP THE COURT OF APPEALS
Paragraph 1. Election and Tenure of Justices and Judges. Justices of the Supreme Court and Judges of the Court of Appeals shall hold office for six years and until their successors are elected and qualified. They shall be elected by the people in the same manner as members of the General Assembly.
Paragraph 2. Appointments to Fill Vacancies. In case of any vacancy, the same shall be filled by appointment by the Governor and the person appointed shall hold such office until the first day of Janu ary after the regular general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

SECTION 5

COMPENSATION, RETIREMENT AND PENSION OF JUSTICES OP THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS
Paragraph 1. Salary. The compensation of justices and judges shall be fixed by statute. Such compensation shall not be reduced during the term for which the justice or judge was elected or appointed.
Paragraph 2. Retirement and Pensions. The General Assembly shall provide by law for the payment of compensation or pensions to re tired or disabled justices and judges. The Supreme Court may assign retired justices and judges to perform temporary judicial duties in any appellate court of the State. Justices and judges shall retire upon reaching the age of seventy-two and may retire upon reaching the age of sixty-five, and any justice or judge so retiring who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals or any combination thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Supe rior Court, five of which must have been a Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or com pensation which shall be not less than two-thirds of the compensation received by him at the time of his retirement. No justice or judge re ceiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage in the practice of law.

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SECTION 6
JUDICIAL ADMINISTRATION
Paragraph 1. Assignment of Judges. The Supreme Court shall have the power in the manner provided by its rules to assign and judge or judge emeritus of the Superior Court of the State to sit in any state court when any justice or judge thereof is disqualified or incapacitated, and the Supreme Court may also assign any judge or judge emeritus of the Superior Court to sit in any court in any other case where the Supreme Court deems such assignment necessary to aid in the prompt disposition of judicial business. No judge may be assigned under this Paragraph without his consent.
Paragraph 2. Judges of Superior and City Courts May Alternate, When. In any county within which there is, or hereafter may be a City Court, the Judge of said Court, and of the Superior Court may preside in the courts of each other in cases where the judge of either court is disqualified to preside.

SECTION 7
SUPERIOR COURTS
Paragraph 1. Terms of Judges. There shall be at least one judge of the superior court for each judicial circuit. The terms of office of the judges of the Superior Court of the Atlanta Judicial Circuit shall be for six years and until their successors are elected and qualified. The terms of office of the judges of the superior courts of all other judicial circuits shall be for four years and until their successors are elected and qualified. He may act in other circuits and in other courts when directed by the Supreme Court as hereinbefore provided or when authorized by law. The General Assembly shall have authority to add one or more additional judges of the superior courts for any judicial circuit in the State; shall fix the time at which the term or terms of office of such additional judge or judges shall begin; and shall have authority from time to time to reduce the number of judges in any judicial circuit; provided that, at all times there shall be at least one judge in every judicial circuit of this State. In any circuit having more than one judge, the senior judge in point of service shall be the chief judge unless the judges in the circuit otherwise elect a chief judge.
Paragraph 2. Elections, When to be Held. The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expira tion of their respective terms.
Paragraph 3. Terms. The terms of the judges, except in the case of an appointment to fill a vacancy, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resig nation or other cause shall be filled by appointment by the Governor until the first day of January after the regular general election held

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next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

SECTION 8

JURISDICTION OF SUPERIOR COURTS

Paragraph 1. Exclusive Jurisdiction. The superior courts shall have exclusive jurisdiction in cases of divorce and alimony; in criminal cases where the accused is charged with a felony; in cases respecting title to land; and in equity cases.

Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such exceptions as may be provided by law not inconsistent with this Constitution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided by law. The superior courts shall have authority to issue such writs as may be necessary or appro priate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law.
SECTION 9

COMPENSATION AND RETIREMENT OF JUDGES OF SUPERIOR COURTS

Paragraph 1. Salaries. Judges of the superior courts shall receive from the State Treasury such compensation and allowances as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation and allowances of the judge or judges from funds of the county or counties comprising the circuit of such judge or judges. Such compensation or supplement shall not be reduced during the term for which the judge was elected or appointed.

Paragraph 2. Retirement. Every judge who has not retired at an earlier age shall retire upon reaching the age of seventy, provided, however, any judge serving at the time of the effective date of this Constitution who shall be more than 70 years of age or reach age seventy during the term of office for which he is then elected or appointed and serving shall not be required to retire at age seventy but may serve out such term, but he may elect to retire. Any judge retiring under this provision shall receive such compensation or pension as may be provided by law. Any judge receiving such compensation or pension shall not engage in the practice of law.
Paragraph 3. Superior Court Judges Emeritus. Such provisions for Judges Emeritus of the Superior Courts and for the retirement of Superior Court Judges as the legislature has enacted or may hereafter enact are hereby authorized.

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SECTION 10

QUALIFICATIONS OP JUSTICES AND JUDGES

Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Judge of the Court of Appeals or Judge of the Superior Courts, unless at the time of taking office he shall have attained the age of thirty years; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the bar of the Supreme Court of Georgia, and any Judge of the Superior Court shall have been a resi dent of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his election or appoint ment.
Paragraph 2. Judges Emeritus and Retired Judges of the Supe rior Courts to preside. Judges emeritus and retired Judges of the Supe rior Courts shall be eligible for temporary service in any court of this State when so designated by the Supreme Court or otherwise provided by law.
SECTION 11

COURT OF ORDINARY

Paragraph 1. Courts of Ordinary. There shall be a Court of Ordi nary in each county, the power of which shall be vested in an ordinary.

Paragraph 2. Jurisdiction. The Court of Ordinary shall have juris diction of probate matters, and such other jurisdiction and powers as provided by law.

Paragraph 3. Term of Office. The Ordinary shall be elected by the electors of his county for a term of four years and until his suc cessor is elected and qualified.

SECTION 12 UNIFORMITY OF COURTS: ABOLITION

Paragraph 1. Uniformity; Exceptions. Except as otherwise here in provided, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree of such courts, severally, shall be uniform, subject, however, to the following exceptions:

(a) Uniformity shall not be required with respect to courts of ordi nary or such other courts that have been or may be established by law although the General Assembly may by law establish uniformity for any or all of such courts.

(b) All justice of peace courts now in existence shall continue as statutory courts until otherwise provided by law, and with such juris-

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diction and powers as provided by law. The General Assembly may, without regard to uniformity, abolish the office of justice of the peace in any county or district.

(c) The General Assembly may by law authorize ordinaries or judges of police courts of incorporated cities and municipalities in coun ties containing no city court, to issue warrants, try cases, and impose sentences in all misdemeanor cases involving traffic offenses and cases arising under the compulsory school attendance law; provided, however, that the accused waives in writing trial by jury.

Paragraph 2. Power to Abolish Court. All courts not specially men tioned by name in Section 1 of this Article may be abolished in any county at the discretion of the General Assembly.

SECTION 13

VENUE AND JURY TRIAL

Paragraph 1. Venue in Criminal Cases. All criminal cases shall be tried in the county where the crime was committed except in cases when the judge is satisfied that an impartial jury cannot be obtained in such county in which case venue may be changed in such manner as may be provided by law. To the end that no crime shall go unpunished for want of a forum, the General Assembly may prescribe an appro priate venue for the trial of offenses where the exact place of the crime cannot be ascertained.

Paragraph 2. Venue in Civil Cases.

(a) Divorce cases shall be brought in the county where the de fendant resides, if a resident of this State; if the defendant is not a resident of this State, or if his residence is unknown, then in the county in which the plaintiff resides; provided, that any person who has been a resident of any United States Army Post or military reservation with in the State of Georgia for six months next preceding the filing of the petition may bring an action for divorce in any county adjacent to said post or reservation.
(b) Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction.
(c) Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed except as may be provided by law in foreclosure of instruments to secure indebtedness where real property is pledged as security therein.
(d) Suits against joint obligors, joint promissors, co-partners, or joint tort feasors, residing in different counties, may be tried in either county.

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609

(e) Suits against the maker or endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where a defendant resides who is a maker, drawer, acceptor or endorser.

(f) Suits against executors, administrators or guardians in their representative capacities, shall be tried in the county in which is lo cated the court from which the letters are issued.

(g) All other civil cases shall be tried in the county where the defendant resides.

(h) In all civil cases where the judge is satisfied that an impar tial jury cannot be obtained in the county of original venue, he may require a change of venue in such manner as may be provided by law.

(i) Except in divorce cases, venue hereunder shall not relate to the jurisdiction of the case, but shall relate only to the jurisdiction of the person.

(j) The General Assembly may provide for venue in cases involv ing nonresidents.

Paragraph 3. Jury Trial. The right of trial by jury, except as
otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the superior courts, where there shall be twelve unless otherwise agreed between the parties; the General Assembly may provide by law for alternate jurors. The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delecto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party. The parties may waive a jury trial, but in all criminal cases, such waiver must be in writing.

ARTICLE 4 EXECUTIVE BRANCH

SECTION 1
EXECUTIVE OFFICERS
Paragraph 1. Elected Executive Officers; Terms of Office; Sal aries. The elected executive officers of this State shall consist of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer, State School Superintendentt, Commissioner of Agriculture, Commissioner of Labor, and Comptroller General who shall be ex-officio Insurance Commissioner, each of whom shall hold office for a term of four years and until his successor is elected and qualified. Such officers shall not be allowed any fee, perquisite or compensation other than their

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salaries as prescribed by law except their necessary expenses when absent from the seat of government on business for the State.

Paragraph 2. Qualifications of Elected Executive Officers. No

person shall be eligible to hold the office of Governor or Lieutenant

Governor unless he shall have been a citizen of the United States for

at least fifteen years, immediately preceding the time of his election,

shall have resided in this State for at least six years immediately pre

ceding the time of his election, and shall be at least thirty years of age

at the time of taking office. The Governor serving at the time of the

'

adoption of this Constitution and any future elected Governor shall not

be eligible to succeed himself and shall not be eligible to hold such office

until after the expiration of four years from the conclusion of his term

of office. No person shall be eligible to hold the office of Secretary of

State, Attorney General, Comptroller General, Treasurer, State School

Superintendent, Commissioner of Agriculture or Commissioner of Labor,

unless he shall have been a citizen of the United States for at least ten

years, immediately preceding the time of his election, shall have re

sided in this State for at least six years immediately preceding the

time of his election, and shall be at least twenty-five years of age at the

time of taking office. No person shall be elected or appointed Attorney

General unless at the time of his election or appointment he shall have

practiced law for seven years and shall be admitted to practice before

and be a member in good standing of the Bar of the Supreme Court of

Georgia.

Paragraph 3. Other Executive Officers. The General Assembly shall have power, not inconsistent with the provisions of this Constitu tion, to create other executive officers not provided for in this Constitu tion and prescribe each of such officer's respective qualifications, duties, authority, compensation, term and method of appointment or selection.

Paragraph 4. Suspension of Officers. The General Assembly is hereby authorized to provide by law the procedure for the temporary suspension of any public officer from the discharge of the duties of his office and for the appointment of a person to discharge the duties of such office.

Paragraph 5. Oath of Office. Each of the executive officers shall,

before he enters on the duties of his office, take such oath or affirma-

!

tion as may be prescribed by law.

SECTION 2 DUTIES AND POWERS OF GOVERNOR

Paragraph 1. Executive Powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by law, not inconsistent with the powers of the Governor as the chief executive officer of the State.

Paragraph 2. Commander-in-Chief. The Governor shall be Commander-in-Chief of the defense and disaster forces of the Militia of the State.

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611

Paragraph 3. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death, after con viction, for offenses against the State, until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason the Governor may only sus pend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reason for granting the same.

Paragraph 4. Law Enforcement. The Governor shall take care that the laws are faithfully executed, and shall be a conservator of the peace
throughout the State.

Paragraph 5. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and the House of Representatives, where such vacancy would cause a district or county to be without full representation in a session of the General Assembly. The General Assembly shall provide by law the procedure relative to the issuance of such writs and the election to fill such vacancies.

Paragraph 6. Information and Recommendations to General As sembly. The Governor shall give the General Assembly, from time to time, information of the state of the State, and recommend to its con sideration such measures as he may deem necessary or expedient.

Paragraph 7. Extraordinary Sessions of tha General Assembly. The Governor may convoke the General Assembly in extraordinary ses sion whenever he deems it necessary, but no laws sahll be enacted at any such extraordinary session except those which relate to the objects stated in his proclamation calling such session. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes whenever three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate certify to him that in their opinion an emergency exists in the affairs of the State. Should the Governor fail to do so within five days, Sundays excluded, after receipt of such certification, the General As sembly may convene itself in extraordinary session for all purposes as if convened in regular session. An extraordinary session convoked by the Governor shall not exceed seventy days in length and an extraordi nary session convened by the General Assembly itself shall not exceed thirty days in length, unless at the expiration of either there shall be pending an impeachment trial, in which event the Senate shall be au thorized to remain in session until such trial is completed.

Paragraph 8. Filling Vacancies. Unless provided for in this Con stitution, the General Assembly is hereby authorized to provide by law the manner in which a vacancy in any public office shall be filled. If no

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provision therefor is made in this Constitution or by law, when any office shall become vacant, the Governor shall appoint a person to fill such vacancy for the unexpired term.

Paragraph 9. Bills and Resolutions, Governor's Approval or Veto.

(a) All bills, and all resolutions intended to have the effect of law, which have been passed by the General Assembly, shall be presented to the Governor.

(b) The Governor may approve or veto any such bill or resolution within five days, excluding Sundays, after it has been presented to him unless the General Assembly shall adjourn before the expiration of said five days, in which event the Governor shall have thirty days, exclud ing Sundays, from the date of adjournment in which to approve or veto the same. In the event the Governor approves any such bill or resolu tion, the same shall become law on that day unless a different effective date is provided in such bill or resolution, in which event such bill or resolution shall become law on said effective date. In the event the Governor vetoes any such bill or resolution, the same shall not become law unless such veto is overridden by a vote of two-thirds of the mem bers elected to the House of Representatives and a vote of two-thirds of the members elected to the Senate.

(c) Whenever any such bill or resolution is vetoed by the Gover nor, it shall be his duty to transmit the same to the presiding officer of the house in which it originated together with his reasons for such veto. If the General Assembly is in session at the time, such transmis sion shall be made within six days, excluding Saturdays and Sundays, from the date of presentation to the Governor. Upon being received by the presiding officer of such house, and upon a motion being adopted before adjournment, such bill or resolution shall be considered immedi ately for the purpose of overriding the veto. In the event the General Assembly shall have adjourned within such time, such transmission shall be made within thirty-five days, excluding Sundays, from the date of the adjournment of the session of the General Assembly at which such bill or resolution was passed. Upon a motion being adopted by such house within ten days after the convening of the next regular session of the General Assembly, such bill or resolution shall be con sidered immediately for the purpose of overriding the veto. In the event such house votes to override the veto, the bill or resolution shall be immediately transmitted to the other house. Upon receiving such bill or resolution, it shall be the duty of the presiding officer of such other house to immediately suspend all business and consider such bill or resolution for the purpose of overriding the veto. In the event such veto is overridden by such house, such bill or resolution shall become law on that day and shall become effective on the same day or on the ef fective date provided in the bill or resolution, whichever date is later in the point of time. If either house fails to override the Governor's veto, any such bill or resolution shall not again be taken up for the purpose of overriding such veto.

(d) If any such bill or resolution is not approved or vetoed by the Governor within five days, excluding Sundays, after it has been pre-

WEDNESDAY, JUNE 17, 1964

613

sented to him, the same shall become law unless the General Assembly adjourns within said five days, in which event the Governor shall have thirty days, excluding Sundays, after the date of adjournment to ap prove or veto such bill or resolution, and if not approved or vetoed within said thirty days, the same shall become law.

(e) The Governor may approve any appropriation and veto any other appropriation in the same bill and the later shall not become law unless such veto is overridden as provided herein.

(f) The Governor shall not have the power to veto any proposal by the General Assembly to amend this Constitution.

Paragraph 10. Information Prom Officers and Employees. The Governor may require information in writing from constitutional offi cers, department heads, and all State employees, on any subject relat ing to the duties of their respective offices or employment.

Paragraph 11. Appointments not Confirmed. In the event the Sen ate fails to confirm any appointment made by the Governor and pre sented to the Senate for confirmation, any such person shall not be appointed by the Governor to the same position for a period of at least one year after the date of the Senate fails to confirm such appointment.

SECTION 3

POWERS AND DUTIES OP LIEUTENANT GOVERNOR

Paragraph 1. President of Senate. The Lieutenant Governor shall be President of the Senate, and shall have such other duties as pre scribed by this Constitution or by law.

Paragraph 2. Exercise of Executive Power. In case of death, resig nation or removal from office of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power until the removal of such disability. The General Assembly is hereby authorized to provide by law the procedure by which a determination shall be made as to when. a disability shall exist and when a disability shall cease to exist.

Paragraph 3. Resignation if Candidate for Governor. If the Lieu tenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unex pired term, and his successor for the unexpired term shall be elected at such election.

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SECTION 4

EXERCISE OP EXECUTIVE POWER BY PERSONS OTHER THAN THE GOVERNOR OR LIEUTENANT GOVERNOR

Paragraph 1. Exercise of Executive Power by Speaker of the

House of Representatives. In case of the death, resignation or removal

from office of both the Governor and the Lieutennant Governor, the

i

Speaker of the House of Representatives shall exercise the executive

;

power and receive the compensation of the Governor until the election

and qualification of a Governor at a special election, which shall be held

within sixty days from the date on which the Speaker of the House of

Representatives shall assume the executive power. In case of disability

of both the Governor and Lieutenant Governor, the Speaker of the

House of Representatives shall exercise the executive power and receive

the compensation of the Governor until the disability of one of them is

removed. The General Assembly is hereby authorized to provide by law

the procedure by which a determination shall be made as to when a dis

ability shall exist and when a disability shall cease to exist.

Paragraph 2. Exercise of Executive Power by Others. The General Assembly shall provide by law for the devolution of the executive power in the event of the death, resignation, removal from office or disability of the Governor, Lieutenant Governor and Speaker of the House of Repsentatives. In case of disability of the Governor, Lieutenant Governor and Speaker of the House of Representatives, the person upon whom the executive power shall have devolved shall exercise such power and receive the compensation of the Governor until the disability of one of them ceases. The General Assembly is hereby authorized to provide by law the procedure by which a determination shall be made as to when a disability shall exist and when a disability shall cease to exist. In case of the death, resignation or removal from office of the Governor, Lieu tenant Governor and Speaker of the House of Representatives, such per son shall exercise the executive power and receive the compensation of the Governor only until the election and qualification of a Governor in the manner prescribed by this Constitution.

SECTION 5

DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS

Paragraph 1. Duties and Powers of Other Elected Executive Of ficers. The Secretary of State, Attorney General, Comptroller General, Treasurer, State School Superintendent, Commissioner of Agriculture and Commissioner of Labor shall be commissioned by the Governor and hold their offices for the same term as Governor. The General Assembly shall prescribe the respective duties and authorities of each of such officers, and shall provide for necessary expenses for the operation of the department of each. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as the

WEDNESDAY, JUNE 17, 1964

615

chief law officer of the State and the chief legal advisor to the Governor and executive officers, and to represent the State in all civil and criminal cases in any court when required by the Governor or when the State has an interest in such a case, and to perform such other services as may be required of him by law.

Paragraph 2. Great Seal. The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and the Seal now in use shall be the Great Seal of the State until otherwise provided by law.

SECTION 6
SOLICITORS GENERAL
Paragraph 1. Number; Term of Office; Vacancies. There shall be a solicitor general for each judicial circuit, whose term of office shall be four years and until his successor is elected and qualified. Solicitors general shall be elected by the electors of the whole State entitled to vote for members of the General Assembly at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation or other cause shall be filled by appoint ment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
Paragraph 2. Duties. It shall be the duty of the solicitor general to represent the State in all criminal cases in the superior courts of his circuit and in all criminal cases taken up from the superior courts of his circuit to the Supreme Court and Court of Appeals and to perform such other services as shall be required of him by law. No solicitor general shall represent any private party in any proceeding in which the State or any political subdivision thereof is an adverse party, nor shall he represent any private party in divorce proceedings.
Paragraph 3. Salaries of Solicitors. Solicitors general shall receive from the State Treasury such compensation as may be fixed by law. The General Assembly may by law authorize any county to supplement the compensation of the solicitor from funds of the county or counties comprising the circuit of such solicitor.

Paragraph 4. Fees of Solicitors General. The General Assembly may, without regard to uniformity, abolish the fees accruing to the office of solicitor general and in lieu thereof place such solicitor on a salary basis, and may prohibit solicitors general from engaging in the private practice of law.
Paragraph 5. Qualifications of Solicitors General. No person shall be hereafter elected or appointed solicitor general unless at the time of his taking office he shall have attained twenty-five years of age,

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shall have been a citizen of the State and a resident of the territory comprising the circuit wherein he is elected or appointed for the three years next preceding his election or appointment, shall have practiced law for five years preceding his election or appointment, and shall be admitted to practice before and be a member in good standing of the Bar of the Supreme Court of Georgia.

SECTION 7

ELECTIONS

Paragraph 1. Election of Executive Officers. The first election for Governor, Lieutenant Governor, Secretary of State, Attorney Gener al, Comptroller General, Treasurer, State School Superintendent, Com missioner of Agriculture and Commissioner of Labor, under this Con stitution, shall be held on Tuesday after the first Monday in November, 1966. An election shall take place quadrennially thereafter, on said day, until another day be fixed by the General Assembly. All such officers shall be installed in office at the next regular annual session of the General Assembly subsequent to their election. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.

Paragraph 2. Returns of Elections. The returns for every election of said officers shall be sealed by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to such person or authority as provided by law, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.

Paragraph 3. How Returns Published. The members of each house of the General Assembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Representa tives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected to each of said offices; but if the person having received a majority of the whole number of votes shall not be in life, the incumbent officer shall continue to serve until an election by the electors can be held in the manner prescribed by the General Assembly, which election shall be held not less than sixty nor more than one hundred twenty days from the date of the convening of that General Assembly; but, if no person shall have received such majority, then from the two persons having received the highest number of votes, if both such persons shall be in life, the General Assembly shall immediately elect such officer by a roll call vote; and in all cases of election of any such officer by the General Assembly, a majority of the members shall be necessary to a choice. However, in the event that no person shall have received a majority of the whole number of votes in the general election, and if either of the two persons having received the highest number of votes

WEDNESDAY, JUNE 17, 1964

617

shall not be in life, the incumbent officer shall continue to serve until an election by the electors can be held in the manner prescribed by the General Assembly, which election shall be held not less than sixty nor more than one hundred twenty days from the date of the convening of that General Assembly.

Paragraph 4. Contested Elections. Contested elections shall be determined by both houses of the General Assembly in such manner as prescribed by law.

SECTION 8

CONSTITUTIONAL BOARDS AND COMMISSIONS

Paragraph 1. Continuation of Existing Boards and Commissions. All the Constitutional Boards and Commissions listed in this Paragraph, having heretofore been created, are hereby recreated and continued as Constitutional Boards and Commissions. The members of such Boards and Commissions shall consist of those in office at the time of the effective date of this Constitution and such members shall serve for the terms theretofore appointed or elected. Appointments for full terms and to fill vacancies on all such Boards and Commissions, except the Public Service Commission, shall be made by the Governor and con firmed by the Senate. Appointments to fill vacancies shall be made for the unexpired term. Any appointment made while the Senate is in regular session shall be presented for confirmation during such session. Any appointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The members of such Boards and Commissions shall possess the qualifi cations and receive the compensation provided for such members at the time of the effective date of this Constitution, but the General Assembly is hereby authorized to change such qualifications and compensation by law, except that the compensation of the members of the Public Service Commission and tha State Board of Pardons and Paroles shall not be diminished during the term of office for which such members were elected or appointed. In addition to such powers and duties as may be prescribed in this Constitution, such Boards and Commissions shall have such powers and duties as may be provided by law.

(a) The State Board of Pardons and Paroles. The State Board of Pardons and Paroles shall be vested with and shall exercise all the powers of executive clemency, except as otherwise provided in this Constitution. The Board shall be composed of three members who shall serve for seven years, dating from the expiration of the previous terms of its members. The Governor shall not be a member of the Board nor shall he participate in the decisions of the Board, except if any member for any cause is unable to serve in any case involving capital punishment or if two of the members are divided in any case involving the dis qualification or disability of the third member, the Governor in such case shall act as a member of the Board. All cases involving capital punish ment shall be acted upon by the full Board and each member shall pass upon the same and shall execute as a permanent part of the record of each such case a written statement in support of or in explanation of

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such member's decision. In all cases the majority vote of its members shall decide the action of the Board. The Board is hereby vested with the power to grant reprieves, pardons, paroles, commutation of sen tences, commutation of penalties, removal of disabilities imposed by law and the remission of all or any portion of a sentence for any offense against the State, after conviction, except in cases of treason or im
peachment. Its members, acting in an ex-officio capacity, shall com pose the State Board of Probation which Board shall administer the Statewide Probation System.

(b) Public Service Commission. The Public Service Commission shall be responsible for the regulation of utilities and transportation, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The Commission shall consist of five members who shall be elected by the people. The terms of mem bers shall be for six years, dating from the expiration of the previous terms of its members. A chairman shall be selected by the members of the Commission from its membership. The manner and time of election and the procedure for filling vacancies shall be provided by law.

(c) State Personnel Board. The State Personnel Board shall ad minister a State Merit System under which the State personnel under such System shall be selected on a basis of merit, fitness and efficiency, as may be provided by law. The Board shall be composed of three mem bers who shall serve for terms of seven years, dating from the expira tion of the previous terms of its members. No State official or em ployee shall be a member of the Board.

(d) Board of Commissioners of the Department of Industry and Trade. The Board of Commissioners of the Department of Industry and Trade shall be composed of two members from each Congressional District in the State, but no two shall be from the same county except where a Congressional District is contained within a county. The mem bers of the Board shall serve for terms of six years, dating from the expiration of the previous terms of its members. The Board shall be the
policy determining body of the Department. The Board shall elect a Director who shall be the executive officer of the Board and the admin istrative head of the Department.

(e) State Board of Corrections. The State Board of Corrections shall be responsible for the administration and control of the State Penal System and the inmates thereof, and shall be vested with such jurisdiction, powers and duties relative thereto as may be provided by law. The Board shall be composed of five members who shall serve for terms of five years, dating from the expiration of the previous terms of its members. The Board shall elect a Director of Corrections who shall be the executive officer of the Board and the administrative head of the Department of Corrections.

(f) Veterans Service Board. The Veterans Service Board shall be composed of seven members who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. Said Board shall elect a Director who shall be the executive officer of the Board and the administrative head of the State Department of Veterans

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Service. All members of the Board and the Director shall be veterans of some armed conflict in which the United States has engaged with some foreign power.

(g) Game and Fish Commission. The State Game and Fish Com mission shall be composed of one member from each Congressional Dis trict in the State and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden, who shall serve for terms of seven years, dating from the expiration of the previous terms of its members. The Board shall elect a Director of the Game and Fish Commission who shall be the Executive Officer of the Game and Fish Commission.

Paragraph 2. State Highway Board. The State Highway Board which has heretofore been created by statute, is hereby recreated and continued as a Constitutional Board. The Board shall be composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representa tives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of members of the Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified. The successors to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law. The Board shall elect a Director of the State Highway Department who shall be the Chief Executive Officer of the Department, except that the Director of the Department in office at the time of the adoption of this Constitution shall not be affected, and such Director shall serve out the remainder of his term as now provided by law. The General Assembly shall define by law the powers, duties, qualifications, and compensation of the members of the Board and of the Director, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein.
ARTICLE 5

PUBLIC FINANCE

SECTION 1

TAXATION

Paragraph 1. Taxing Power.

(a) The power of taxation shall remain at all times under the control of the people to be exercised by them through the General As sembly to provide funds for purposes for which the General Assembly may appropriate money as specified in this Constitution. All tax exemp tions, exclusions, deductions, credits or other tax benefits shall always

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remain matters of grace, and neither the General Assembly, any de partment or official, any division of government, nor government at any level shall have any authority in any manner, to surrender, sus pend or otherwise limit the exercise of such power irrevocably.

(b) The power of taxation shall be exercised solely for public pur poses and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the govern ment authorized to levy the tax except as otherwise provided in this Constitution; provided, however, no county shall require any license fee, franchise tax, or occupational tax from any business located in a municipality in said county, provided such municipality requires pay ment of a license fee or occupational tax from such business, but no such occupational tax or license fee shall be levied against farmingoperations. No such county licnse fee or occupational tax shall be im posed on any business which is subject to regulation by the Public Serv ice Commission.

(c) The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth (%) mill on each dollar of the value of the prop erty taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the Gen eral Assembly for the taxation of the shares of stock of banking cor porations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not ex ceeding five (5) mills on each dollar of the value thereof.

Paragraph 2. Classification and Uniformity.

(a) Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal prop erty including money. The General Assembly shall have the power to classify intangible personal property including money for taxation, and to adopt different rates and different methods of different classes of such property.

The General Assembly may treat any and all motor vehicles in cluding trailers, as a separate class of tangible property for property tax purposes, adopt different rates, methods or assessment dates for the taxation of such property, and enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of taxes on said motor vehicles.

(b) The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes applicable to public utilities, but the property of public utilities shall not be taxed at a greater basis of value or at a higher rate of taxation than other properties, nor at a lesser basis of value nor at a lower rate of taxation than other properties.

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Paragraph 3. Exemptions from Taxation.

(a) The General Assembly may exempt any of the following prop erty from taxation under such definitions, conditions, and limitations as it may prescribe; all laws exempting property from taxation, other than the property herein enumerated, shall be void.

(1) Property owned by the United States of America, the State of Georgia, any State of the United States, any foreign state, or any governmental division or instrumentality thereof.

(2) Property owned by a non-profit organization established for religious purposes and used exclusively for activities of religious wor ship, training or instruction and activities reasonably necessary and incidental thereto; including property used for residential purposes from which no income is derived and church cemeteries.

(3) Property owned by a non-profit organization established for charitable purposes and used exclusively in operating an institution of purely public charity and activities reasonably necessary and inci dental thereto.

(4) Property owned by a non-profit organization established for educational purposes and used exclusively in operating a school, academy, seminary, college or other institution of learning and activities reason ably necessary and incidental thereto.

(5) Property owned by a non-profit organization established for literary, historic, artistic, scientific or educational purposes and used exclusively in operating a library, museum, art gallery, or facilities for the performance of operas, ballets, or other performing arts, or other similar institution and activities reasonably necessary and incidental thereto, provided such property is not held as merchandise or for pur poses of sale or gain.

(6) Property publicly identified as a cemetery or mausoleum and irrevocably dedicated for use exclusively for the burial of human re mains by a plat or instrument duly recorded in the office of the Clerk of the Superior Court of the county in which the land lies.

(7) Property owned by or irrevocably held in trust for the exclu sive benefit of any of the aforesaid non-profit organizations held as endowment, except tangible property which is rented or otherwise used regularly for the primary purpose of producing income therefrom.

(8) Farm products, livestock, poultry and bees, grown or produced in this State remaining in the hands of the producer but only for the year next after their growth or production.

(9) Intangible property owned by a trust forming a part of a pension, profit sharing or stock bonus plan established by an employer for the exclusive benefit of his employees.

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(10) The stock of a corporation which is organized or domesticated under the laws of Georgia; the bonds and other evidences of indebted ness issued by the United States of America, the State of Georgia, any State of the United States or any governmental division or instru mentality thereof.

(11) Tangible persona! property comprising the inventory of a manufacturer or processor resulting from or used in manufacturing or processing in this State, whether raw materials, goods being manufac tured or processed or finished products, remaining in the hands of the manufacturer or processor but only for the year next after their produc tion, processing or acquisition. Provided that any such exemption shall not be effective in any political sub-division of this State unless the same is approved by the electors of such sub-division in a referendum elec tion held for that purpose.

(b) The General Assembly may provide relief from any multiple taxation to which intangible property may be subject by reason of its having acquired a taxable situs in more than one taxing jurisdiction.

(c) There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary.

(d) Each disabled veteran who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000 from all ad valorem taxation for State, county, municipal and school purposes on his homestead which he owns and actually ocupies as a residence. The value of all property in excess of the exempted amount shall remain subject to taxation. The term "disabled veteran", as used herein, means a dis abled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paraly sis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms.

(e) In an amount not to exceed $2,000 of its value, the homestead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250. An exemption hereunder must be claimed in the manner prescribed by the General Assem bly, and the General Assembly may further define the homestead en titled to exemption hereunder except that a homestead as contemplated hereunder shall remain limited to a claimant's actual dwelling, struc tures incidental thereto, and the land to which same is attached. Claim-

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ant's actual dwelling shall be deemed to include dwellings, cooperative apartments, and apartments owned pursuant to the "Apartments Own ership Act" approved April 12, 1963 (Ga. Laws 1963, p. 561) as the same now exists or may hereafter be amended.

Each person who is sixty-five (65) years of age or over and who does not have an income from all sources, which term shall include tax free income, exceeding $3,000.00 per annum is hereby granted an exemp tion of $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State, County, and County or Area School taxes, except to pay interest on and to retire bonded indebtedness. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption un less he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of in come which he receives and such additional information relative to re ceiving the benefits of such exemption as will enable the tax commis sioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1965.

(f) All personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, and tools and imple ments of trade of manual laborers, but not including motor vehicles, are hereby exempted from all ad valorem taxation for State, county, munici pal and school purposes, in the amount of $300.00 in actual value. The General Assembly may from time to time increase said exemption in amount or totally exempt said property from all ad valorem taxation.

(g) There is hereby exempted from all ad valorem taxes, except for school purposes, all property and improvements thereon, which prop erty is held under lease from the State or any instrumentality thereof, and which is located on an island owned by the State and operated by
an. Authority created by the General Assembly.

Paragraph 4. Revocation of Tax Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.

Paragraph 5. Local Taxation. The General Assembly may author ize any county, or municipal corporation or other political subdivision to exercise the power of taxation for any public purpose as authorized by law or by this Constitution. The General Assembly shall provide by law for a statement in the levy of the particular purposes for which it is made and the rate for each such purpose, and the funds collected from such levy shall be expended only for the purpose and within the limitation stated therein. The General Assembly, however, shall pre scribe, by general law only, the kinds of taxes which may be levied for such purposes and the limitations upon the amount of such taxes.

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SECTION 2

PUBLIC FUNDS

Paragraph 1. (a) State Aid Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation, or association and the State shall not become a joint owner or stock holder in or with any individual, company, association or corporation except as may be otherwise expressly authorized in this Constitution.

(b) Aid to Churches, Sects Forbidden. Public funds shall not be used, directly or indirectly, in aid of any church, sect, denomination of religionists, or any sectarian institution.

Paragraph 2. Taxing Power and Contributions of Counties, Mu nicipal Corporations and Political Subdivisions Restricted. Except as may be otherwise expressly permitted by this Constitution, the General Assembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation, or association, or to appropriate money for or to lend its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.

Paragraph 3. Donations and Gratuities. Neither the General As sembly nor any public corporation, or political subdivision shall grant or authorize the granting of any donation or gratuity in favor of any person, corporation or association, nor grant or authorize extra com pensation to any public officer, agent, or contractor, after the service has been rendered or the contract entered into, except that the General Assembly may authorize the grant of scholarship and educational aid and loans in furtherance of health, education and welfare programs.

The General Assembly is authorized to provide by law for the grant ing of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant.

Paragraph 4. Profit on Public Money. It shall be unlawful for any public officer or employee, including any member or officer of the General Assembly, directly or indirectly, to receive any interest, profit or perquisite from the use, loan or disposition of public funds. The Gen eral Assembly shall provide appropriate penalties therefor, including disqualification from holding public office or employment.

Paragraph 5. State Monies to General Fund. Sale of Certain State Properties, Use of Proceeds, (a) All money collected from taxes, fees and assessments for State purposes under laws enacted by the General Assembly shall be paid into the general fund of the State Treasury to

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be appropriated therefrom solely in the manner required by this Con stitution and to be expended solely for the purposes authorized by this Constitution.

(b) The State shall not sell or lease any real property except as now or hereafter provided by the General Assembly. No State Authority shall sell or lease any real property owned by it except as now or here after provided by the General Assembly. In the event any such sale is authorized, the net proceeds therefrom shall be used for capital outlay purposes only, which shall include the payment of any obligation of the State or any obligation unconditionally guaranteed by the State, or the payment of any obligation of any authority or public corporation the payment of which is secured by a contract with the State or any de partment or agency thereof.
Paragraph 6. Expenditure of State Funds. Funds paid into the general funds of the State Treasury may be appropriated by the Gen eral Assembly for the following public purposes.
(a) To suppress insurrection, to repel invasion, and defend the State in time of war.

(b) To support the departments, agencies, institutions and admin istration of government.
(c) To support public schools, public education, and activities nec essary and incidental thereto, including school lunch purposes, as may be determined by the General Assembly.
(d) To pay the principal and the interest on any authorized debt contracted by the State and to provide a sinking fund therefor.
(e) To construct and improve State-owned buildings and proper ties, and to construct, maintain or aid in the construction or mainte nance of systems of publicly owned highways, streets, sidewalks, bridges, airports, docks; and mass transit systems for transportation of pas sengers for hire as the General Assembly may consider necessary for the public interest.
(f) To provide for such programs of public health and welfare as authorized by law.
(g) To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State.

(h) To provide scholarship and educational aid and loans as an incident of public health, education, and welfare programs authorized by the General Assembly.

(i) To provide insurance and retirement benefits, compensatory in nature, for public officers and employees and public school teachers and personnel, their dependents and survivors, and to make such em-

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ployer-contributions under Federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by the aforesaid employees, their dependents and survivors, as may be authorized by law.
(j) To make grants to municipal corporations and counties for general or special purposes, as may be authorized by law.
Paragraph 7. Expenditure of Funds Raised by Local Taxation. Funds raised by taxation by any county or municipal corporation or any other local unit of government authorized to levy taxes may be expended for any public purpose authorized by this Constitution and such other public purposes as may be authorized by the General As sembly.
Paragraph 8. Promotion, Development and Regulation of Agricul tural Products. The General Assembly may provide for the promotion of the production, marketing, sale, use, quality, quantity, utilization, processing and improvement of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, sea food and sea food products, and the products of the farms, fields, gardens, orchards and forests of this State. The General As sembly may provide for the promotion thereof individually, collectively or in any combination thereof. The General Assembly may provide a means of financing any program of promotion by imposing assessments, fees or other charges upon the sale or processing of the affected prod ucts, may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such pro gram without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instru mentalities, public corporations, authorities and commissions to admin ister such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.
Paragraph 9. Promotion, Development and Regulation of Milk and Dairy Products. The General Assembly is hereby authorized to provide by law and delegate its powers with respect to the promotion, develop ment and regulation of the production, marketing, sale, price, use, quality, quantity, utilization, processing and improvement of milk and dairy products, at all levels, except price at retail.

SECTION 3
PUBLIC DEBT
Paragraph 1. State Debt.
(a) Purposes for Which Created. No debt shall be contracted by, or on behalf of the State, except: contracts by the State, or any de partment or agency of the State, the execution of which is authorized

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627

in Paragraph 3 of this Section; loans made to supply such temporary deficit as may exist in the treasury in any year; and debts incurred to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt. No loan made to supply a temporary deficit may be made when there is a loan then unpaid which was made in a prior fiscal year for that purpose. The State is hereby authorized to guarantee payment unconditionally of any obligation hereafter issued by any authority or public corporation activated prior to January 1, 1961, the payment of which is secured by any contract with the State, or any department, or agency of the State, the execu tion of which contract is authorized in this Constitution; and to guaran tee payment unconditionally of student loans for higher education under programs authorized by the General Assembly.

(b) State Sinking Funds. In the event the State shall incur any bonded indebtedness under the provisions of this Constitution, the Gen eral Assembly, at or before the time of so doing, shall provide for the assessment and collection annually of a tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date of incurring such indebtedness. All amounts col lected from any source for the purpose of paying said indebtedness shall be placed in a sinking fund separate and apart from other funds of the State and shall be held and used solely for the purpose of paying said indebtedness. Moneys in the sinking fund may be invested and reinvested in obligations of the United States of America or obligations the payment of which is unconditionally guaranteed by the United States of America.
(c) Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or other political subdivision of this State unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war.

Paragraph 2. Local Debt.

(a) Debts of Counties, Municipalities and School Districts. The debt of any county, municipal corporation, county school district, area school district or other political subdivisions, except for contracts au thorized in Paragraph 3 hereof, and as in this Constitution otherwise provided for, shall never exceed seven per centum in the case of any county, municipal corporation or other political subdivision, or ten per centum in the case of county school districts or area school districts, of the assessed value of all the taxable property therein, and no such county, municipal corporation, county school district or area school district or other political subdivision shall incur any new debt including the additional debt authorized in subparagraph (b) of this Paragraph, except for a temporary loan as provided for in this Constitution and except for debts created for the purpose of paying, in whole or in part, the cost of property valuation and equalization programs for ad valorem tax purposes, without the assent of a majority of the qualified voters thereof voting in an election for that purpose held as prescribed by law. Registration of voters for any such election shall be as provided for general elections and the General Assembly shall have no power

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to provide any form of special registration of voters for any such elec tion. In computing the applicable percentage limitation the amount of any money in a sinking fund irrevocably pledged to the payment thereof may be deducted from outstanding indebtedness.

Any county, municipal corporation, county school district, area school district or other political subdivision may accept and use funds provided by the Federal Government, or any agency thereof, to aid in financing the cost of studies, plans, surveys and investigations and other action preliminary to the construction of public works, and where the funds so used are to be repaid within a period of ten years such an agreement shall not be considered a debt within the limitation set forth in the preceding paragraph.

Debts created for property valuation and equalization programs shall not be included in the limitations established in the preceding pro vision of this paragraph and debt created for such purposes may be incurred without an election but the same must be repaid in equal annual installments within not more than seven years from the date of its creation and the interest payable thereon shall not exceed five per centum per annum; provided, however, no such debt may be in curred until such program and all contracts to be entered into in con nection therewith shall have been approved by the State Revenue Com missioner and an agreement shall have been entered into with such Commissioner that such program shall be carried out in accordance with such Commissioner's rules and regulations.

(b) Additional Debt Authorized. In addition to the debt permitted up to the limits imposed by subparagraph (a) of this paragraph, a debt may be incurred by any county, municipal corporation, county school district, area school district or other political subdivision up to an additional three per centum in the aggregate of the assessed value of all the taxable property therein, provided that such additional debt in each instance shall be repaid in equal annual installments within not more than five years after such debt was incurred. Any such addi tional indebtedness shall have first been authorized in an election as provided in subparagraph (a) of this paragraph.

(c) Refunding Bonds. Any county, municipal corporation, county school district, area school district or other political subdivision shall have the right to issue bonds without an election to refund any out standing bonded indebtedness provided that the issuance of such re funding bonds is solely to refinance an existing indebtedness for the purpose of curing or preventing a default or the issuance of the refund ing bonds will reduce the total combined principal and interest payable on such outstanding bonds. The total principal amount of such refund ing bonds shall not exceed the total principal amount of the bonds be ing refunded.

(d) Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal of or the interest on any bonded indebtedness of any county, municipal corporation, county school district, area school district or other political subdivision shall be placed in a sinking fund separate and apart from all other moneys of

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629

such county, municipal corporation, county school district, area school district or other political subdivision and shall be used solely for the purpose of paying such indebtedness.

(e) Sinking Fund Investments. The moneys in any such sinking fund shall be invested and reinvested by or at the direction of the gov erning authorities of such county, municipal corporation, county school district, area school district or other political subdivision in obligations of, or unconditionally guaranteed by, the United States Government; in obligations of the State of Georgia; in obligations of any authority or public corporation, the payment of which is unconditionally guaran teed by the State of Georgia, or the payment of which is secured by a contract the execution of which is authorized by this Constitution with the State, or any department or agency of the State; and in direct general obligation bonds, which have been validated as provided by law, or any county, municipal corporation, county school district, area school district or other political subdivision of this State.

(f) Temporary Loans. In addition to the other indebtedness per mitted by this Constitution, any county, municipal corporation, county school district, area school district or other political subdivision is hereby authorized to make temporary loans between January 1st and December 31st in each year to pay expenses for such year and may issue promissory notes or tax anticipation certificates to evidence any such indebtedness and taxes anticipated to be collected may be pledged and incumbered and a lien created thereon as security for the payment of such promissory notes or of such tax anticipation certificates pro vided that the aggregate of all such indebtedness outstanding shall not exceed seventy-five per centum of the total gross income received by such county, municipal corporation, county school district, area school district or political subdivision from taxes collected or received in the last preceding year and all such indebtedness shall be payable on or before December 31st of the calendar year in which such loan is made. No election shall be required to authorize any such indebtedness and the same shall not be considered in determining any debt limitation provided for in this Constitution. No such temporary loan may be made in any year when there is a temporary loan then unpaid which was made in a prior year. No such county, municipal corporation, county school district, area school district or political subdivision shall incur in any one year an aggregate of such temporary loans and other con tracts or obligations for current expenses in excess of the total antici pated revenue for such calendar year.

(g) Levy of Taxes to Pay Indebtedness. Any county, municipal corporation or other political subdivision which shall incur any indebted ness; including indebtedness incurred for property valuation and equali zation programs, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and the interest on said indebtedness within thirty years from the date the same was incurred or such shorter period as may be specified in this Constitution for the repayment of a particular class of indebtedness, and shall have the right to levy ad valorem taxes without limitation as to rate or amount and shall be required to levy taxes to the extent necessary for such purpose. Any such taxes shall

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be in addition to and separate and apart from any other taxes levied or imposed for other than debt retirement and may be used only for the purpose for which the same were levied.

(h) Revenue Obligations. Any county, municipal corporation, pub lic corporation, authority or political subdivision may issue revenue obligations to provide funds to pay the cost, in whole or in part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, airports, harbor facilities,
water, sewerage and garbage collection, treatment and disposal sys tems, gas and electric systems (including dams, reservoirs, generating stations and the like), recreational, amusement, educational and exhibi tion facilities, beach erosion protection systems, public parking buildings
and facilities (including parking meters), public facilities for mass transit systems for the transportation of passengers for hire and for such other kinds of public property and facilities as may be authorized by the General Assembly. Such obligations shall be payable, as to prin cipal and interest, solely from revenues produced from public property or facilities and pledged to the payment thereof and shall not be deemed to be debts of, or to create debts against the issuer within the meaning of any provision of this Constitution and any revenues other than taxes may be pledged to the payment of such obligations though such reve nues are to be received from property other than that being acquired, constructed or improved; provided, however, before any such obliga tions may be issued for the purpose of buying, constructing, extending, improving, equipping, operating or maintaining gas or electric generat ing and distribution systems the same shall first be authorized by a majority of those voting at an election held for that purpose in the county, municipal corporation or political subdivision affected, and pro vided further that a majority of the registered voters thereof shall vote in said election. Such election shall be held in the same manner as elec tions to authorize the incurring of indebtedness as provided in subparagraph (a) of this paragraph, but no election shall be required to au thorize the issuance of any obligations, the proceeds of which shall be used solely for the purpose of refunding outstanding obligations. Pro vided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions, shall purchase, construct, or operate such electric or gas utility plants from the pro ceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipality or political subdivision is located, unless such service is merely incidental to its transmission lines, then its services rendered and property located out side said county or counties shall be subject to taxation with the excep tion of their transmission lines and regulations as are privately owned and operated utilities.

No issuer shall exercise the power of taxation for the purpose of paying the principal of or the interest on any such obligations.

(i) The General Assembly may authorize the issuance of revenue obligations by counties, municipal corporations, political subdivisions or authorities or public corporations enabled or created by it to finance the cost of land, buildings, facilities, machinery or equipment to be sold to or leased by private businesses in the establishment of a new plant

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631

or in the expansion of an existing facility, and the General Assembly may further authorize the levy of taxes by any such county, municipal corporation or political subdivision for industrial development purposes as may be defined by law except for the repayment of any obligation incurred by any such county, municipal corporation or political subdivi sion, authority or public corporation contracting therewith, for indus trial development purposes, provided such levy shall not exceed two mills annually.
Paragraph 3. Intergovernmental Contracts.
(a) The State or any department or agency thereof, any county, municipal corporation, political subdivision, public agency, public cor poration or authority now or hereafter created may contract for any period, not exceeding fifty years, with each other for the use by any of the aforesaid or the residents thereof of any facilities owned or to be acquired or any services to be rendered by any of the aforesaid and may contract for such period with the United States Government or any department or agency thereof. Such contracts, to be lawful, must deal with such activities and transactions as the aforesaid are by law au thorized to undertake; but such contracts shall not be rendered unlaw ful by virtue of the fact that a partial or complete delegation of author ity is involved. Any such contracting party having the power to levy taxes may provide for the payment of its obligations incurred by virtue of such contracts by levying taxes to the extent necessary for that pur pose or by applying taxes or revenues derived from any other source.
(b) Any party to any contract authorized by the preceding subparagraph empowered to convey to any other party to such contract real and personal property, provided the property so conveyed is to be maintained and operated for the same purpose for which the contract was executed and is not to be mortgaged or pledged but the revenues to be derived therefrom may be pledged.
(c) Any county, municipal corporation or political subdivision may contract with any public agency, public corporation or authority for the care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay for the cost of acquiring, constructing, mod ernization or repairing of buildings and facilities necessary to render the aforesaid services to its indigent and other persons desiring similar services and in addition to pay the cost of operating and maintaining such buildings and facilities and the cost of rendering of such services to its indigent and may pay the cost of the obligation so assumed by levying taxes to the extent necessary for that purpose or applying taxes or revenues derived from any other source.

ARTICLE 6 EDUCATION

SECTION 1
PUBLIC EDUCATION
Paragraph 1. Public Education; Support by Public Funds. An ade quate common school education for its citizens shall be a primary obliga-

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tion of the State of Georgia, the expense of which shall be borne out of public funds. The General Assembly shall provide for such public funds, and may prescribe the terms and conditions upon which state funds shall be made available for this purpose.

Paragraph 2. Public Education; Other than Common Schools. The General Assembly may provide for an adequate public education for its citizens other than in the common schools, and may provide that the expense thereof be borne out of public funds and funds from such other sources, including tuition charges, as the General Assembly may prescribe.

SECTION 2

STATE BOARD OF EDUCATION

Paragraph 1. State Board of Education. The State Board of Edu cation, having heretofore been created as a constitutional board, is here by recreated and continued as a constitutional board. The members of said Board in office at the time of the effective date of this Constitu tion shall serve until July 1, 1965, at which time the terms of all such members shall expire and said Board shall stand abolished. Effective July 1, 1965, a new constitutional State Board of Education is hereby created. Such Board shall be composed of one member from each con gressional district in the State. The members of such Board shall be selected and appointed as follows: one representative member from the Board of Education of each county, area, or independent school system in the congressional district, and all members of the General Assembly who represent counties or senatorial districts within or partly within the congressional district, shall caucus at a location in the congressional district and choose three nominees, one of whom shall be appointed by the Governor, subject to confirmation by the Senate, as the member of the Board from such congressional district. The General Assembly shall provide by law the procedure for such caucus and other matters relative thereto. The first members of the Board who take office July 1, 1965, shall serve as follows: two members each shall be appointed for staggered terms of one, two, three, four, and five years, and until their successors are appointed and qualified. Such terms shall be desig nated by the Governor. Thereafter, successors shall serve for terms of five years and until their successors are appointed and qualified. Suc cessors shall likewise be selected and appointed in the same manner as
original members. Vacancies shall be filled in the same manner as pro
vided for full terms and the person filling such vacancy shall serve for
the unexpired term. The members of the Board shall be citizens of this
State who shall have resided in Georgia for at least five years imme
diately preceding their appointment. The members shall have such
other qualifications and shall receive such compensation as may be
provided by law. No person employed in a professional capacity by a
private or public educational institution or by the State Board of Edu
cation shall be eligible to serve on said Board. Such new Board shall
be the successor to the abolished Board and shall have such rights,
powers and duties as may be provided by law.

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633

SECTION 3

STATE SCHOOL SUPERINTENDENT

Paragraph 1. State School Superintendent; Election; Term. There shall be a State School Superintendent who shall be the Executive Of ficer of the State Board of Education and the Chief Administrative Officer of the State Department of Education. He shall be elected at the same time, in the same manner and for the same term as the Gov ernor. He shall have such qualifications and compensation as may be provided by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the term for which he shall have been appointed.

SECTION 4

BOARD OF REGENTS

Paragraph 1. Board of Regents of the University System of Geor gia. The Board of Regents of the University System of Georgia, having heretofore been created as a constitutional board, is hereby recreated and continued as a constitutional board. The Board shall be composed of one member from each congressional district in the State and five additional members from the State-at-large, and all members shall serve for terms of seven years, dating from the expiration of the previ ous terms of its members. The members of said Board in office at the time of the effective date of this Constitution shall serve for the terms heretofore appointed. Appointments for full terms and to fill vacancies shall be made by the Governor and confirmed by the Senate. Appoint ments to fill vacancies shall be made for the unexpired term. Any ap pointment made while the Senate is in regular session shall be pre sented to the Senate for confirmation during such session. Any ap pointment made while the Senate is not in regular session shall be presented to the next regular session of the Senate for confirmation. The Governor shall not be a member of said Board. The government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in the Board of Regents of the University System of Georgia. The Board shall have such further powers and duties as may be provided by law. The members shall have such qualifications and receive such compensation as may be provided by law.
SECTION 5

SCHOOL DISTRICTS

Paragraph 1. (a) County School District; County Board of Educa tion; Election of Appointment; Change by Referendum. Authority is granted to counties to establish and maintain public schools. Except as provided in Paragraph 2 of this Section, each county, exclusive of any independent school system now in existence in a county, shall compose one county school district, and shall be confined to the control and management of a County Board of Education, which shall have such powers and duties as may be provided by law. The members of the

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County Board of Education in each county shall be elected or appointed in the manner and for such terms as may be provided by law applicable thereto at the time of the effective date of this Constitution until such time as the manner of election or appointment and the terms of mem bers are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. The members of the County Board of Education in each county shall be freeholders in such county and shall be elected or appointed from that portion of the county not embraced within the territory of an independent school district, and shall have such further qualifica tions as may be prescribed by law.
(b) County School Superintendent; Election or Appointment; Change by Referendum. There shall be a County School Superintendent in each county school district, who shall be the executive officer of the County Board of Education and the administrative officer of the county school district. He shall have such qualifications, powers, duties and compensation as provided by law. He shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of the effective date of this Constitution until such time as the manner of election or appointment and tenure are changed by local law conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon.
Paragraph 2. Area School Districts; Area Boards of Education; Area Superintendents. The General Assembly may, by general or local law, provide for the consolidation and merger of any two or more county school districts, independent school systems, or any combination thereof, into a single area school district under the control and man agement of an Area Board of Education. No such consolidation or merger shall become effective until approved by a majority of the voters in each of the school districts affected in a referendum thereon held in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate po litical subdivision of this State, and the school districts or systems incorporated therein and their boards of education shall stand abolished, and title to all school properties and assets thereof shall vest in the Area Board of Education. The number of members of any Area Board of Education, their method of election or appointment, terms, qualifi cations, powers and duties shall be as provided by general or local law. There shall be an Area School Superintendent in each area school dis trict, who shall be the executive officer of the Area Board of Education and the administrative officer of the area school district. He shall be elected or appointed in the manner, and shall have such qualifications, tenure, powers, duties and compensation, as may be provided by gen eral or local law. Subsequent to the creation of an area school district, the number of members and the manner of election or appointment of members of the Area Board of Education, and their terms of office, and the manner of election or appointment of the Area School Superin tendent, and his tenure, may be changed pursuant to local or general law, provided that any such local law sholl be conditioned upon approval by a majority of the voters of the area school district voting in a refer endum thereon.
Paragraph 3. Powers of Board to Contract with Each Other. Any two or more county boards of education or any two or more independent

WEDNESDAY, JUNE 17, 1964

635

school system or any two or more area boards of education, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils, and such other activities as they be authorized by law to perform, not in conflict with the pro visions of this Constitution.
SECTION 6

MAINTENANCE AND PROTECTION OF CERTAIN SCHOOL SYSTEMS

Paragraph 1. Maintenance of Existing Independent Systems. Au thority is hereby granted to political subdivisions to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established.
Paragraph 2. Systems Established Prior to Constitution of 1877. Public school systems established prior to the adoption of the Constitu tion of 1877 shall not be affected by this Constitution.

SECTION 7

MEETINGS OP BOARDS OF EDUCATION

Paragraph 1. Board Meetings to be Public. All official meetings of the boards of education shall be open to the public. Provided, that such Boards may go into executive session for the purpose of discussion only. However, all votes of such school Board on any issue must be open to the public.
SECTION 8

BEQUESTS, DONATIONS AND GRANTS

Paragraph 1. Bequests, Donations and Grants. The State Board of Education, the Regents of the University System of Georgia, and all other boards of education may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.
SECTION 9

LOCAL TAXATION FOR EDUCATION

Paragraph 1. Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per. dollar, as
certified to it by the county board of education, upon the assessed value of all taxable property within the county, exclusive of any inde pendent school system therein. The certification to be made by an Area Board of Education to the fiscal authorities of the territories compris ing an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made, it shall be the duty of such

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fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. Such school tax fund shall be expended only for the support and maintenance of public schools, public education, and activities necessary and incidental there to, including school lunch purposes.

Paragraph 2. Increasing or Removing Tax Rate. The millage limitation provided in Paragraph 1 may be increased or removed by action of the County Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the school district to be affected, in the manner prescribed by law. The millage or other limitation prescribed by any general or local law applicable to any area school district may likewise be increased or removed by action of the Area Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the area school district to be affected, in the manner prescribed by law. The millage limitations provided by any City Charter or any Local or Special Tax for the sup port and maintenance of an independent school system may be increased or decreased by action of the Independent System Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a referendum held in the Independent school district to be affected, in the manner prescribed by law.
Paragraph 3. Increasing Tax Rate to Receive Available State Funds. If the maximum millage levy which can be certified to the appropriate fiscal authority or authorities by a county or area board of education under provisions of Paragraphs 1 or 2 of this Section, or under provisions of any general or local law applicable to area school districts, shall not be sufficient to produce the amount of school funds which the county or area school district may be required by law to raise in order to receive the full allotment of State educational funds available for support, maintenance or improvement of education in the county or area school district, the board of education of the county or area school district shall, notwithstanding the limitations contained in Paragraphs 1 or 2 of this Section, or as may be contained in general or local law applicable to area school districts, but for not more than two years in succession, be authorized to certify to the appropriate fiscal authority or authorities a millage levy that will be sufficient to produce the amount of school funds needed in order to receive allot ment of all available State educational funds, and upon such certifi cation being made, the fiscal authority or authorities of the county or territories, as the case may be, may levy such tax or furnish such funds, as the case may be, in accordance with such certification.
Paragraph 4. Financial Assistance by Municipalities. Any munici
pality located within any county school district or area school district
may, in addition to the requirements of this Constitution, contribute
additional local funds to the financial support of the public school sys
tem maintained by such district from any funds other than State grants
which are available to the municipality.

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637

SECTION 10

EDUCATIONAL GRANTS AND FREEDOM OP ASSOCIATION

Paragraph 1. Grants for Education. The General Assembly may by law provide for grants of State, county or municipal funds to citi zens of the State for educational purposes, in discharge of all obliga tions of the State to provide adequate education for its citizens.

Paragraph 2. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate.

SECTION 11
SPECIAL SCHOOLS
Paragraph 1. Special Schools; Creation; Taxes and Bonds. The boards of education of any two or more counties, area school districts, or independent school systems, or any combination thereof, may estab lish, pursuant to general or local law enacted by the General Assembly, one or more special schools such as vocational trade schools, schools for exceptional children, and schools for adult education in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any subsequent amendments thereof shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of edu cation participating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such boards of education shall be authority to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State. Special schools established pursuant to the pro visions of this Section shall be operated in conformance with regula tions promulgated by the State Board of Education pursuant to the provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such special schools in such amount and manner as may be provided by law.

Paragraph 2. Special Schools Heretofore Established Protected. Special schools, including vocational trade schools, established prior to the adoption of this Constitution, which were established under the pro visions of Article VII, Section VI, Paragraph I (d) of the Constitution of 1945, shall not be affected by this Constitution, and any political subdivision which has established such school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness,

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not to exceed three per centum of the assessed value of all the taxable property therein, for the support of, or acquisition and construction of facilities for, such school. Any such bonded indebtedness shall be in curred pursuant to the provision of Article 5, Section 3, Paragraph 2 of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be prescribed by the State Board of Education, subject to the pro visions of law.
ARTICLE 7

COUNTIES AND MUNICIPAL CORPORATIONS --HOME RULE--SLUM CLEARANCE AND REDEVELOPMENT

SECTION 1

COUNTIES

Paragraph 1. Counties a Corporate Body; Boundaries. Each coun ty shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter pro
vided.

Paragraph 2. Counties; Number; New. There shall not be more than one hundred and fifty-nine counties in this State, and no new county shall be created except by the consolidation or merger of exist ing counties.

Paragraph 3. Counties, Consolidation, Merger, Division, Dissolu tion; Method. The General Assembly shall have power, with the con currence of a majority of the qualified voters voting thereon in each of the counties affected to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the duly qualified voters of such county, seeking such merger, consolida tion or division, it shall be the duty of such ordinary to transmit a cer tified copy of such petition to each ordinary of all other counties af fected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriffs' advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, ex pressing favor or aproval of the original petition, signed by not less

WEDNESDAY, JUNE 17, 1964

639

than twenty per centum of the registered voters of such other county or counties affected, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriffs' advertisements are published. Provided, however, that only one such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective at such time as may be prescribed by law, but not later than two years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be designated by law, without regard to the provisions of Paragraph 5 hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Para graph by law.

Paragraph 4. County Lines. With the exception of the procedure provided in Paragraph 3, county lines shall not be changed unless under the operation of a general law for that purposes.

Paragraph 5. County Sites Changed; Method. With the exception of the procedure provided in Paragraph 3, no county site shall be changed or removed except by a two-thirds vote of the qualified voters of the county voting at an election held for that purpose and by a ma jority vote of the General Assembly.

Paragraph 6. County Officers, Elections, Terms and Compensa tion. For the purpose of this Paragraph, county officers shall consist of the following: Clerk of the Superior Court, Ordinary, Sheriff, Tax Eeceiver, Tax Collector, Tax Commissioner, Treasurer, Coroner, and Surveyor. Such officers shall serve for terms of four years and shall be elected by the electors of their counties. Their qualifications, powers and duties, and the grounds and procedure for their removal from of fice, shall be such as may be provided by general law. The General Assembly, by local act, may abolish any county office, except the office of Ordinary, and transfer the powers and duties of such abolished of fice to another county office, except that such act shall not become effective during the term for which the officer was elected unless the same be approved by a majority of the electors of the county voting in

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a referendum. In the event any county office in any county has been abolished or consolidated by law, such office shall not be recreated except by local act. County officers shall be compensated on a fee basis, a salary basis, or any combination thereof. Such compensation may be provided for and fixed in the manner prescribed by local act, in which event any such affected officer shall not receive any fees, compensation or allowances under the provisions of any general law unless specifically authorized to do so in such local act; except that any Tax Collector or Tax Commissioner who, at the time of the effective date of this Constitution, is receiving, pursuant to the provisions of law, a com mission for collecting taxes in excess of a certain percentage of total taxes due, shall continue to receive such commission until otherwise provided by local act or until the law under which he is receiving such commission is repealed or changed so as to prevent him from receiving such commission. No local act, however, shall provide any specific fees, but may provide that such officer shall receive fees provided for by general law. The General Assembly, by general law, may abolish the fee system of compensation of any county officer, in which event no such officer shall receive any fees under the provisions of any general or local law.
Paragraph 7. County Commissioners. The General Assembly may create a county commissioner or county commissioners in any county by local act. Such commissioners may be designated commissioners of roads and revenues if so provided in such act. County commissioners shall be the governing authority of the county. Such local act shall pro vide the qualifications, compensation, powers, and duties of said com missioners. Such commissioners shall have the powers and duties pro vided in this Constitution and may be given any or all of the powers and duties possessed by the ordinary when serving as governing au thority of the county, but may not be given any other powers or duties which are in conflict with the provisions of any general law, and the local act creating such commissioners and any amendments thereto, shall not contain any provisions which are in conflict with the pro visions of any general law. County commissioners may be elected by the electors of the entire county or by the electors of the districts repre sented, or may be appointed, in such manner as may be provided by local act.
Paragraph 8. Powers of County Government.

(a) In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General As sembly, counties are hereby authorized to exercise the following powers, which are hereby declared to be public purposes:

1. Pay the exepenses of administration of the county government.

2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit systems for the transporta tion of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with
the foregoing.

WEDNESDAY, JUNE 17, 1964

641

3. Provide for the operation of courts, the maintenance and sup port of prisoners, and the handling of litigation affecting the county.

4. Establish and conduct public health programs and provide for the collection and preservation of records of vital statistics.

5. Establish and maintain a county police department.

6. Provide medical or other care and hospitalization for the indi gent sick and to support paupers.

7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.

8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.

9. Provide fire protection for forest lands and conserve natural resources.

10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitali zation benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel, their de pendents and survivors, shall be paid from education funds.

11. Establish and maintain a recreation system.

12. Purchase liability insurance to cover damages on account of
bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a governmental under taking or not. In the event of purchasing such insurance, the govern mental immunity of the county shall be waived to the extent of the amount of such insurance coverage, and by verdict or judgment in ex cess of such insurance coverage against the county arising out of an action which would have otherwise been subject to governmental im munity shall be reduced to an amount equal to the insurance coverage thereon.

(b) The General Assembly may district, or may authorize county governing authorities, without regard to uniformity, to district the territory of any county for the purpose of providing water, sewerage, garbage, electricity, gas or fire protection services to the residents of such districts, and authorize such counties to levy a tax only upon the taxable property in any such district for the purpose of constructing and maintaining such improvements, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law. ;

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(c) Any county is hereby authorized to exercise the power of eminent domain for any public purpose.

Paragraph 9. Salary of County Employees; How Fixed. The gov erning authority of each county is authorized to fix the salary, com pensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said em ployees.

Paragraph 10. County Planning and Zoning. The governing au thority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other coun ties and municipalities. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning com mission.

Paragraph 11. Home Eule for Counties.

(a) The governing authority of each county is hereby granted full

power and and authority, for the purpose of protecting and preserving

the general health, safety and welfare of its inhabitants, to adopt ordi-

'

nances, resolutions or regulations, not inconsistent with this Consti

tution or general statutory law. The grant of authority contained in

this Section shall not be deemed to limit or restrict the power of the

General Assembly, except that the General Assembly shall not pass

any local law which would have the effect of repealing, modifying or

superseding any action taken by a county under the authority of this

Section.

(b) Except as provided in subparagraph (c), any county is hereby authorized to amend or repeal the local acts creating or relating to its county governing authority by following either of the procedures set forth in subparagraph 1 or 2 hereof.
1. Local acts creating or relating to a county governing authority may be amended or repealed by resolutions or ordinances duly adopted and concurred in at two regular consecutive meetings of the county gov erning authority, which shall not be held during the same calendar week. No amendment hereunder shall be valid if such amendment is inconsistent with any provision of this Constitution or general statu tory law. Notices containing a brief and concise synopsis of the pro posed amendment or repeal shall be published in the official county organ once a week for three weeks within sixty days prior to the final adoption of the resolution. No amendment or repeal hereunder shall be valid, the effect of which would be either to change or repeal an amend ment adopted pursuant to a referendum as provided in subparagraph 2 hereof or to change or repeal an amendment or revision enacted by the General Assembly and assented to by a majority of the qualified

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643

voters of such county voting in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months following the date of such referendum.

2. Amendments to or repeals of the various local acts creating or relating to a county governing authority may be initiated by petition containing the signatures of at least ten per centum of the qualified voters of the county specifically setting forth the exact language of the proposed amendment or repeal and duly filed with the clerk of superior court of the county and the county governing authority. No amendment hereunder shall be valid if such amendment is inconsistent with any provision of this Constitution or general statutory law. The governing authority of the county shall fix a date within ninety days from the filing of such petition on which a referendum shall be held for the purpose of submitting to the qualified voters of the county for their approval or rejection the proposed amendment or repeal. The results of said referendum shall be determined by a majority vote of the qualified voters voting in said referendum and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said ref erendum shall be published once a week for four weeks immediately preceding said referendum in the official organ of the county. Said notices shall contain a brief and concise synopsis of the proposed amendment or repeal and shall state that a copy of the proposed amend ment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. Said local acts may not be amended or repealed more frequently than once each six months pursuant to the procedure set forth in this subparagraph 2.

(c) The power granted in subparagraphs (a) and (b) above shall not cover the following matters, but they may be dealt with by a local act of the General Assembly.

1. A change in any elective county office or the election, qualifica tions, term, compensation, expenses or allowances in the nature of compensation, or the removal of any elective county officer or his em ployees, except the employees of such county governing authority.

2. The composition and form of the county governing authority.

3. A change in the taxing power.

4. Any provision which provides for establishment of criminal offenses, or which provides for any criminal punishment.

SECTION 2

MUNICIPAL CORPORATIONS

Paragraph 1. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality and no municipal boundaries shall be

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changed except by local act of the General Assembly or by such methods as the General Assembly shall provide by law.

Paragraph 2. Home Rule for Municipalities.

(a) The governing authority of each municipality is hereby granted full power and authority, for the purpose of protecting and preserving the general health, safety and welfare of its inhabitants, to adopt ordi nances, resolutions or regulations not inconsistent with this Constitu tion or general statutory law. The grant of authority contained in this Section shall not be deemed to limit or restrict the power of the Gen eral Assembly, except that the General Assembly shall not pass any local law which would have the effect of repealing, modifying or super seding any action taken by a municipality under authority of this Section.
1. Municipal charters may, from time to time, be amended by ordi nances duly adopted and concurred in at two regular consecutive meet ings of the municipal governing authority, which shall not be held dur ing the same calendar week. No amendment hereunder shall be valid if such amendment is inconsistent with any provision of this Constitu tion or general statutory law. Notices containing a brief and concise synopsis of the proposed amendment shall be published in a newspaper of general circulation in the municipality or the official organ of the county of the legal situs of the municipality once a week for three weeks within sixty days prior to the final adoption of the ordinances. Said notices shall state that a copy of the proposed amendment or revision is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspection by the public. No amend ment or repeal hereunder shall be valid, the effect of which would be either to change or repeal an amendment adopted pursuant to a refer endum as provided in subparagraph 2 hereof and to change or repeal an amendment or revision enacted by the General Assembly and as sented to by a majority of the qualified voters of such municipality vot ing in an election for that purpose held as prescribed by law, if adopted prior to the expiration of twelve months following the date of such referendum.
2. Amendments to municipal charters may be initiated by petition containing the signatures of at least ten per centum of the qualified voters of the municipality specifically setting forth the exact language of the proposed amendment and duly filed with the recording officer or clerk of the municipal governing body. No amendment shall be valid if such amendment is inconsistent with any provision of this Constitution or any general statutory law. The municipal governing authority shall fix a date within ninety days from the filing of such petition on which a referendum shall be held for the purpose of submitting to the quali fied voters of the municipality for their approval or rejection, the pro posed charter amendment. The results of said referendum shall be de termined by a majority vote of the qualified voters voting in said referendum and said referendum shall be held in the same manner as is provided by law for elections for members of the General Assembly. Notices of the date of said referendum shall be published once a week for four weeks immediately preceding said referendum in a newspaper

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of general circulation within the municipality or the official organ of the county of the legal situs of the municipality. Said notices shall con tain a brief and concise synopsis of the proposed amendment or repeal and shall state that a copy of the proposed amendment is on file in the office of the recording officer or clerk of the municipal governing body for examination and inspection by the public. In any event no charter of any municipality may be amended more frequently than once each six months pursuant to the method set forth in this subparagraph 2.

(c) The power granted in subparagraphs (a) and (b) shall not cover the following matters, but they may be dealt with by local act of the General Assembly.

1. The compensation, expenses and allowances, in the nature of compensation, received by members of the municipal governing au thority.

2. The number of members of the municipal governing authority, their terms of office and the districts or wards from which they are elected.

3. A change in the taxing power.

4. A change in charter provisions relating to the establishment and operations of an independent school system.

5. A change in or repeal of the manner of the municipality's par ticipation in the operation of the county school system in a county where a municipality by law now participates in the county school system.

6. Nothing inconsistent with the criminal provisions of any city charter.

Paragraph 3. Salary of Municipal Employees; How Fixed. The governing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal officers and employees and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits, for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors, provided that all such payments for public school teachers and personnel shall be paid from education funds.

Paragraph 4. Municipal Planning and Zoning. The governing au thority of each municipality is empowered to enact appropriate plan ning and zoning ordinances for public safety, historic, health, business, residential or recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions in conjunction with any combination of other municipalities and counties. The General Assembly is hereby authorized to provide by law for such joint planning

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and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission.
SECTION 3
SLUM CLEARANCE AND REDEVELOPMENT
Paragraph 1. Slum Clearance and Redevelopment. The General Assembly may provide by law that any county, municipal corporation or housing authority, or any combination thereof, may undertake and carry out slum clearance and redevelopment work, including the acquisi tion and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a govern mental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds ex pended in furtherance thereof.
SECTION 4
GENERAL PROVISIONS APPLICABLE TO ALL LOCAL UNITS
Paragraph 1. Consolidation of Governments. The General Assem bly may provide for the consolidation of any or all of the governmental and corporate functions now or hereafter vested in municipal corpora tions with the governmental and corporate functions now or hereafter vested in the counties in which such municipal corporations are located; provided, such consolidation shall not become effective until submitted to the qualified voters residing within the municipal corporation and in the county outside thereof, and approved by a majority of those voting in the municipality and by a majority of those voting in the county outside the municipal corporation.
Paragraph 2. Filing and Publication of Laws. No amendment or revision of any local act made pursuant to Paragraph 12 of Section 1 of this Article or of any charter made pursuant to Paragraph 4 of Sec tion 2 of this Article shall become effective until a copy of such amend ment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been pub lished as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.
ARTICLE 8
ELECTIVE FRANCHISE
SECTION 1
ELECTIONS
Paragraph 1. Elections by the People; Electors.
(a) In all elections by the people, the electors shall vote by secret ballot, which may include the use of voting machines, except that the

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General Assembly may provide by law for assistance in voting for those electors physically incapable of voting by themselves.

(b) Every United States citizen who is a resident citizen of this State, who is at least eighteen years of age, who possesses the qualifi cations provided in this Paragraph and those qualifications provided by law pursuant to this Paragraph, and who is not laboring under any disqualification provided in this Paragraph or which may be provided by law pursuant to this Paragraph, shall be an elector and entitled to vote in elections by the people, if registered to do so according to law.

(c) To entitle a person to vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six months immediately preced ing such election.

(d) Every person fulfilling all the requirements of an elector, and every person who fulfills all such requirements except those of age and residence but who will fulfill those requirements by the date of the next general election, shall be entitled to register to vote, except that no person shall be allowed to register who is not at least seventeen years of age at the time of registration.

(e) The General Assembly shall provide by law for (1) definitions of residence for voting purposes and of terms used in this Paragraph (2) designation of those crimes, conviction of which will disqualify a person from becoming an elector; (3) reasonable requirements of literacy and education necessary for registration; (4) registration of electors; (5) secrecy in voting; (6) the manner and place of voting; and (7) administration of elections.

(f) No person shall be eligible to register or to vote who is men tally incompetent.

Paragraph 2. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.

Paragraph 3. General Election. A general election shall be held every two years during even-numbered years. Until changed by law, such election shall be held on Tuesday after the first Monday in No vember.
SECTION 2

DISQUALIFICATION TO HOLD OFFICE

Paragraph 1. Persons Disqualified to Hold Office. The General As sembly may provide that no person convicted of a crime, mentally in competent, or the holder of public money illegally, shall be eligible to hold any office or appointment of honor or trust in this State.

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SECTION 3
Paragraph 1. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention or candidacy was given ten (10) or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a state general election, to the Secretary of State and by publication in a paper of general circu lation in the state; in a general election of county officers, to the Ordi nary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general elec tion, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compli ance therewith as a condition of eligibility to hold office in this State.

ARTICLE 9

AMENDMENTS TO THE CONSTITUTION

SECTION 1 CONSTITUTION AMENDED, HOW

Paragraph 1. Proposals to Amend or Revise the Constitution; New Constitution. Revisions of or amendments to this Constitution, or a new Constitution, may be proposed by the General Assembly, or by a constitutional convention as hereinafter provided. No amendments ex cept those of a general nature having uniform operation throughout the State shall be proposed.

Paragraph 2. Proposal by General Assembly; Submission. A pro posal by the General Assembly to amend or revise this Constitution or for a new Constitution shall originate as a resolution in either the House or Senate and if approved by two-thirds of the elected member ship of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circulation in each congres sional district in the State once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment or revision or new Constitution shall be in such words as the General Assembly may provide in the resolu tion, or in failure thereof, in such language as the Governor may pre scribe. If such proposal is approved by a majority of the electors quali fied to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Consti tution or revised or new Constitution as the case may be. Any proposal so approved shall take effect on the first day of January following the date of the vote thereon, unless the proposal shall provide otherwise. When more than one proposal is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote
on each proposal separately.

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649

Paragraph 3. Repeal or Amendment of Proposal. Any proposal to amend this Constitution which has been adopted by the General As sembly may be amended or repealed by the same General Assembly by the affirmative vote of two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

Paragraph 4. Constitutional Convention; How Called. No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representative in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for sub mission and ratification of amendments proposed by the General As sembly.

ARTICLE 10

MISCELLANEOUS PROVISIONS

SECTION 1 MISCELLANEOUS PROVISIONS

Paragraph 1. Continuation of Existing Laws. Except as otherwise specifically provided herein, the officers of the State and all political subdivisions thereof, now existing, shall continue in the exercise of their several functions, and shall serve out the remainder of their unexpired terms and until their successors are duly elected or appointed and qualified; and all general, special and local laws now in force shall continue to operate, so far as consistent with this Constitution, until modified or repealed, or until they expire by their own terms.
Paragraph 2. Continuation of Previous Constitutional Amend ments. If constitutional at the time they become effective, amendments to the Constitution of 1877 which were continued in force by Article VII, Section X of the Constitution of 1945, amendments to the Constitu tion of 1945 which required a vote of the people of the political sub division or subdivisions directly affected in order to be ratified, amend ments to the Constitution of 1945 which were ratified at the same gen eral election at which this Constitution was ratified which required a vote of the people of the political subdivision or subdivisions directly affected in order to be ratified, and amendments to the Constitution of 1945 using population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be constitutional under this Constitution. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization contained in any of the aforesaid amendments are likewise continued in force and effect and are hereby declared to be constitu tional under this Constitution.

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If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a referendum by the people of the political subdivision or subdivisions directly affected. Any such amendment may not be amended or repealed by general law unless such law specifically provides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification.

Paragraph 3. Ratification of Certain Statutes. If not in conflict with the provisions of this Constitution, all statutes enacted after the time of the ratification of this Constitution and before the time of the effective date of this Constitution, which have the same or a later effective date as this Constitution, are hereby declared to be constitu tional under this Constitution.

Paragraph 4. Special Provisions With Respect to Ports Authori ties. The creation of the Brunswick Port Authority, the Savannah Dis trict Authority (formerly named Savannah Port Authority) and the Georgia Ports Authority and the grant of powers thereto by the Gen eral Assembly of Georgia, pursuant to statutes enacted prior to the effective date hereof, is hereby ratified and the constitutionality of such creation and the grant of said powers and the exercise thereof is hereby confirmed until changed by law. In order that ports authorities may be named in uniformity and recognized as such, the name of the Sa vannah District Authority is hereby changed to Savannah Port Au thority, and all grants of powers given it in its name of Savannah District Authority are hereby confirmed.

Paragraph 5. Effective Date. This Constitution shall become ef fective on June 1, 1965.

SECTION 2
That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General As sembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in November, 1964, as pro vided by law. Those voting in favor of the ratification of the amend ment herein proposed shall have written or printed on their ballots the words "for the amendment revising the Constitution". Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "against the amendment revising the Constitution". If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Constitu tion of 1945 as the revised Constitution of Georgia.

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651

Senator Downing of the 1st offered the following amendment:

Amend HR 6 by adding at the end of Article 7, Section 3, Para graph 1 the following:

"No slum clearance or redevelopment work may be initiated by any county, municipal corporation or housing authority or any combination thereof unless such slum clearance or redevelopment has been approved in a referendum conducted in the county or municipal corporation affected. Notice of the referendum shall be published once a week for three weeks in the official organ of the county, setting forth in concise language the manner and area in which the slum clearance and redevelopment is to be carried out. The results of said referendums shall be determined by a majority vote of the qualified voters voting in said referendums, and said referendums shall be held under the same laws and rules and regu lations as govern special elections."

On the adoption of the amendment, Senator Downing of the 1st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Downing Gillis Holloway Kendrick

Rowan Salome Searcey Spinks

Tribble Young

Those voting in the negative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Conway Ellis Gayner Gordy Hall

Hunt Jackson Johnson of 42nd Lee Loggins Maclntyre Moore McKinnon McWhorter Pelham

Pennington Phillips Plunkett Scott Smalley Thomas Webb Wesberry Yancey Zorn

On the adoption of the amendment, the ayes were 10, nays 30, and the amendment was lost.

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Senator Broun of the 46th offered the following amendments:

Amend HE 6 as amended by the Committee of the whole Senate as follows:

By striking from Article 4, Section 5, Paragraph 1, the words

"State School Superintendent." The amendment was adopted.

Amend HR 6 as amended by the Committee of the whole Senate as follows:

By striking from Article 4, Section 1, Paragraph 1, the words
"State School Superintendent." The amendment was adopted.
Amend HR 6 as amended by the Committee of the whole Senate as follows:

By striking from Article 4, Section 7, Paragraph 1, the words "State School Superintendent."

The amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

The resolution, proposing a revised Constitution of Georgia, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy Hall Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver

Pelham Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Thomas Webb Wesberry Yancey Young Zorn

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653

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 48, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.

The following bill of the Senate was taken up for the purpose of consider ing the report of the Committee of Conference thereto:

SB 1. By Senators Carlton of the 21st, Webh of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The report of the Committee of Conference was as follows:
CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 1.
The conference Committee on Senate Bill No. 1 adopts the follow ing report:
(1) The Senate recedes from its position in disagreeing to House amendments numbers 2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 18, 19, 21, 22, 25, 26, 32, 36, 38, 41, 46, 49, 52, 53, 54, 55, 67, 68, 72, 73, 74, 77, 78, 81, 82, 83, 84, 85, 86, 89, 90 and 91.
(2) That the House and the Senate recede from their respective positions on House amendment No. 1 and adopt the following in lieu thereof:
By inserting in the title thereof immediately before the phrase "to repeal conflicting laws" the following: "to regulate the sale of intoxi cating beverages on primary and election days;".
(3) That the House and the Senate recede from their respective positions on House amendment No. 7 and adopt in lieu thereof the following:
By striking from Section 34-105 the words "day prior to such full number of days" and by inserting in lieu thereof the words "last day".
(4) That the House and the Senate recede from their respective positions on House amendment No. 8 and adopt in lieu thereof the following:

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By striking Section 34-107 in its entirety and by inserting in lieu thereof the following:

"Section 34-107. Person convicted of certain crimes not to serve as primary or election official. No person shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as an ordinary, registrar, deputy registrar, poll officer or party offi cer, who has been convicted and sentenced in any court of compe tent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony, or crime involving moral turpi tude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. In the event of disqualification of the ordinary, as above set forth, the Clerk of the Superior Court shall act in his stead."

(5) That the House and the Senate recede from their respective positions on House amendment No. 9 and adopt in lieu thereof the following:

By striking Chapter 34-2 in its entirety and by inserting in lieu thereof a new chapter to read as follows:

"Chapter 34-2. State Election Board.
"Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings, (a) There is hereby created a State Board to be known as the 'State Election Board' to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly. The members to be elected by the respective Houses of the General Assembly shall serve a term of two years, said term to be concurrent with the terms of the members of the House of Representatives, and shall serve until their successors are duly elected and qualified. The elected members of the Board shall be subject to being removed at any time during their term by a ma jority vote of the House by which they were elected. No person while a member of the General Assembly shall serve as a member of the Board. If this Board should become effective at a time when the General Assembly is not in session, then the President of the Sen ate shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the House. In the event a vacancy should occur or exist in the office of an elected or appointed mem ber of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the Senate or appointed by the President of the Senate, and the Speaker of the House of

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655

Representatives shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the House of Representatives or appointed by the Speaker of the House of Representatives. Any member appointed to fill any unexpired term shall serve until the next session of the General Assembly after his appointment, at which time new mem bers shall be elected as hereinbefore provided. The Secretary of State shall be the Chairman of the Board. Two members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of qualified members to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own government and procedure.

"(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exer cise of its powers or in the performance of its duties under this Code. An adviser shall receive no compensation from public funds,

"(c) Meetings shall be held whenever necessary to the per formance of the duties of the Board of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board.

"Section 34-202. Duties of the Board. It shall be the duty of the State Election Board:

"(a) To so coordinate the work of the Secretary of State, the ordinaries, the poll officers, and other officials, as to obtain uni formity in their practices and proceedings and legality and hon esty in all elections.

"(b) To formulate, adopt and promulgate such rules and regu lations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary, provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated;

"(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regula tions adopted by the board;

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"(d) To investigate when necessary or advisable the adminis tration of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitor general for further investigation and prosecution. The findings of such an investigation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as pro vided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein;

" (e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and

"(f) To employ such assistants as may be necessary.

"Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board.

"(a) The State Election Board shall have the right to insti tute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith including the right to seek such relief for any anticipatory breach.

"(b) Any petition seeking any of the relief authorized in subparagraph (a) above shall be filed in the superior court of the residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct, and all proceedings shall be heard and presided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such judge or in the event of the refusal of such judge to act, by that judge who is next senior in time of service. In the event any tem porary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.
"(c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or pri mary which he shall deem necessary to assure compliance, includ ing the right to require such election or primary to be held under the supervision of the State Election Board.
"(d) Upon any action being filed in any court of this State seeking relief affection the calling, holding, conduct, determination, result, tabulation or certification of any election or primary, ex-

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657

cept those instituted by the State Election Board, the State Elec tion Board shall be served with a copy of the proceeding, by serv ing the same on the Chairman thereof by mailing a copy to the Chairman by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.

"(e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of excep tions as provided by law. It shall be the duty of the proper appel late court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

"Section 34-204. Evidence; hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any ques tions which may properly come before the Board and to take, through its agent, the depositions of witnesses. The Board, in in vestigating the administration of primary and election laws within a county or any frauds or irregularities in primaries and elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States regis tered or certified mail and the production of an appropriate re turn receipt issued by the United States Post Office shall consti tute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be re ported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

"Section 34-205. Compensation of Members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall re ceive his necessary traveling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the Chairman of the Board shall receive no per diem."

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(6) That the House recedes from its position on House amend ment No. 10.

(7) That the House recedes from its position on House amend ment No. 12.
(8) The House and the Senate recede from their respective posi tions on House amendment No. 17 and adopt the following in lieu thereof:
By striking the title of Section 34-603, and by striking Subparagraph (a) of Section 34-603 and inserting in lieu thereof the following:
"Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appoint ment in counties of over 500,000 in population.-- (a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall ap point quadrennially, upon the recommendation of the grand jury of such county, there judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State, within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resig nation or removal as hereinafter provided. Such judge shall have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a regis trar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in desig nation shall be entered on the minutes of the court and certified as herein provided."
(9) That the Senate recedes from its position in disagreeing to House amendment No. 20.

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659

(10) That the House recedes from its position as set out in House amendment No. 23.

(11) That the Senate recedes from its position in disagreeing to House amendment No. 24.

(12) That the House recedes from its position as set out in House amendment No. 27.

(13) That the House and the Senate recede from their respective positions on House amendment No. 28, and adopt the following in lieu thereof:

By striking Code Section 34-628 in its entirety and by inserting in lieu thereof a new Code Section to read as follows:

"Section 34-628. Challenge of listed persons by other than registered electors; proceedings upon challenge, (a) Any elector of the county shall be allowed to challenge the right of registration of any person whose name appears upon the electors' list, and upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall specify the grounds of the challenge, and when no tice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least one day before passing upon the same. Any elector of the county shall also be allowed to challenge the qualifications of any applicant for regis tration.

"(b) Any other provision of this Code to the contrary not withstanding, no challenge as provided in this Section shall be valid as to a person who has registered to vote prior to March 25, 1958, on the grounds that such person does not come within either of the classes provided in the two subparagraphs of Paragraph IV of Section I of Article II of the State Constitution."

(14) That the Senate and the House recede from their respective positions on House amendments Nos. 29 and 30, and adopt the follow ing in lieu thereof:

By striking subparagraph (b) of Section 34-629 and by inserting in lieu thereof a new subparagraph (b) to read as follows:

"(b) In any election held in an election district (not contain ing the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed thereon, then the polling place in such district shall not be established and the registrars shall furnish to the managers of the polling place in the election district containing the county courthouse the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to

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vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their district."

(15) That the House recedes from its position set out in House amendment No. 31.

(16) That the Senate recedes from its position in disagreeing to House amendment No. 33.

(17) That the Senate recedes from its position disagreeing to House amendment No. 34.

(18) That the House and the Senate recede from their respective positions on House amendment No. 35, and adopt in lieu thereof the following:

By striking Section 34-801 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-801. General primaries. Whenever a political par ty, who elected the most members of the General Assembly at the last November election as compared with the number of members of the General Assembly elected by any other political party, shall hold a primary to nominate candidates for public office to be filled in the ensuing November election, the same shall be held on the fourth Wednesday in August in each even-numbered year. When ever any other political party shall hold a primary to nominate candidates for public office to be filled in the ensuing November election the same shall be held on the fourth Wednesday in Septem ber in each even-numbered year. The preceding provisions of this Section shall not apply to primaries held to nominate candidates for public offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be auto matically repealed."

(19) That the Senate recedes from its position in disagreeing to House amendment No. 36.

(20) That the House recedes from its position set out in House amendment No. 37.

(21) That the House recedes from its position as set out in House amendment No. 39.

(22) That the House recedes from its position as set out in House amendment No. 40.

(23) That the House and the Senate adopt the following:

By striking subsections (b) and (c) of Section 34-904 and by in serting in lieu thereof new subsections (b) and (c) to read as follows:

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661

"(b) During the period of thirty days following the filing of such petition, the State executive committee shall make such in vestigation and shall take such other action as is necessary to de termine the merits of the petition. If the State committee deter mines that an investigative hearing is warranted, it shall conduct such hearing and shall give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying.

"(c) On or before the thirtieth day after the filing of such petition, the State committee shall either render a report to the petitioner containing its findings as to whether fraud or irregu larity existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor general and the grand jury of the county involved; and the State committee shall also make available to them any evidence in its possession which sup ports such findings."

By striking from subsection (d) of Code Section 34-904 the word "twenty" and by inserting in lieu thereof the word "thirty".

(24) That the House recedes its position as set out in House amendment No. 42.

(25) That the House and the Senate adopt the following:

By striking the words "forty-five" in both places where they ap pear in subsection (b) of Code Section 34-1001 and by inserting in lieu thereof in both such places the word "thirty" and by striking the words "sixty-five" in said subsection (b) of Code Section 34-1001 and by in serting in lieu thereof the word "fifty".

(26) That the House and the Senate recede from their respec tive positions on House amendment No. 43, and adopt the following in lieu thereof:

By striking the last sentence contained in Section 34-1002 and by inserting in lieu thereof a new sentence to read as follows: "The pro visions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county dur ing the year 1964, and such candidates shall be governed by the county executive committee rules in any such primaries and in accordance with any local act establishing such governing authority in the case of said election; and this sentence shall be automatically repealed effective January 1, 1965."

(27) That the Senate and the House recede from their respective positions on House amendments Nos. 44 and 45, and adopt in lieu there of the following:

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JOURNAL OP THE SENATE,

By striking Code Section 34-1006 in its entirety and by inserting in lieu thereof a new Code Section 34-1006 to read as follows:

"Section 34-1006. Qualification of Candidates. All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special pri mary, at least fifteen days prior to its date; and a party shall fix no other qualification deadline. The preceding sentence shall not apply to the qualification of candidates seeking party nomination in any general primary to be held on September 9, 1964, or in any primary held prior to the said date, and upon the holding of the last of such general primaries this sentence shall be automatically repealed."
(28) That the Senate and the House adopt the following:
By striking from subsection (a) of Section 34-1007 the words "established by the ordinary or ordinaries" and by inserting in lieu thereof the words "in each election district".
(29) That the House recedes from its position as set out in House amendment No. 47.
(30) That the Senate recedes from its position in disagreeing to House amendment No. 48.
(31) That the House and the Senate recede from their respective positions on House amendment No. 50, and adopt the following in lieu thereof:
By striking from the last sentence of Section 34-1104 the word "back" in both places where it appears and by inserting in lieu thereof the word "front".
By adding at the end of said Section a new sentence to read as follows: "The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box'."
(32) That the House recedes from its position as set out in House amendment No. 51.
(33) That the Senate recedes from its position in disagreeing to House amendment No. 56.
(34) That the Senate recedes from its position in disagreeing to House amendment No. 57.
(35) That the House and the Senate recede from their respective positions on House amendment No. 58, and adopt in lieu thereof the following:
By adding at the end of Section 34-1307 a new subsection to be known as subsection (b) to read as follows:

WEDNESDAY, JUNE 17, 1964

663

"(a) Notwithstanding the provisions of subsection (a) of this Section, in any county of this State having a population of 500,000 or more, according to the United States decennial census of 1960 or any such future census, no person shall, on a day in which a primary or election is held within such county, solicit votes in any manner or by any means or method or shall distribute any campaign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind in support of any person, party or body or proposition in any primary or election. This prohibition shall not apply to candidates for nomination for or election to Statewide office."

(36) That the House and the Senate adopt the following:

By adding in the title of Section 34-1310 after the words "num bered lists of voters" the word "challenged".

By adding at the end of subparagraph (c) of Section 34-1310 a new sentence to read as follows: "When any person desires to vote, he may be challenged and required to take, in addition to the oath required to qualify as an elector, the following oath in writing:

"I do solemnly swear (affirm) that I am (here insert the name, the same as on the registration list) ; that I am duly qualified as an elector, and at the time gave my address as (here give the ad dress given on the registration card); that I have for the last six months resided at the following addresses (here give detailed ad dresses during the last six months with such particularity that the same can be readily verified or disproved) ; that I have resided at such place under the name of (here insert any name or alias used); that my mother's maiden name is (or was) (here insert mother's maiden name) ; and that my father's full name is (or was) (here insert father's name)."

Such written notice shall be filed with the person in charge of the election and preserved.

Any other provision of this law to the contrary notwithstand ing, no challenge as provided in this section shall be valid as to a person who has registered to vote prior to March 25, 1958, on the grounds that such person does not come within either of the classes provided in the two subdivisions of Paragraph IV, of Section I of Article II of the Constitution of Georgia."

(37) That the House and the Senate recede from their respective positions on House amendment No. 59, and adopt in lieu thereof the following:

By striking from subsection (b) of Section 34-1313 the words and figures "Section 34-628(c)" and by inserting in lieu thereof the words and figures "Section 34-1310(c)".

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By striking subsection (d) of Code Section 34-1313 in its entirety.

(38) That the Senate recedes from its position in disagreeing to House amendment No. 60.

(39) That the House and the Senate recede from their respective positions on House amendment No. 61 and adopt in lieu thereof the following:

By striking subsection (d) of Section 34-1316 in its entirety and by substituting in lieu thereof a new subsection to read as follows:

"(d) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged' shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked 'challenged'. "

(40) That the House and the Senate recede from their respective positions on House amendment No. 62 and adopt in lieu thereof the fol lowing:

By striking Code Section 34-1317 in its entirety and by inserting in lieu thereof the following:

"Section 34-1317. Assistance in voting (a) No elector shall re ceive any assistance in voting at any primary or election: Unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before an elector shall be permitted to receive assistance, he shall take an oath which shall be administered to him and placed in writing by a manager, giving the reason why he requires assist ance. The name of each person assisting the elector shall be en dorsed on the oath.

(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the man agers to select (i) two poll officers of the election district (who shall act jointly), (ii) an elector of the county owning an interest in real property located within the county, (iii) the spouse of such a property owner, or (iv) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such

WEDNESDAY, JUNE 17, 1964

665

assistance to be rendered inside the voting compartment or booth. No person, including a poll officer shall assist more than ten such electors in any primary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection."

(41) That the Senate and the House recede from their respective positions on House amendment No. 63, and that the following be adopted in lieu thereof:

By striking the first sentence of subsection (a) of Section 34-1312 in its entirety and by inserting in lieu thereof the following: "After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein."

(42) That the House and the Senate recede from their respective positions on House amendment No. 64, and adopt in lieu thereof the following:

By striking the second sentence of subsection (b) of Section 34-1405 in its entirety.

(43) That the House recedes from its position as set out in House amendment No. 65.
(44) That the House recedes from its position as set out in House amendment No. 66.
(45) That the House and the Senate recede from their respective positions on House amendment No. 69 and adopt in lieu thereof the following:
By striking the last sentence of Code Section 34-1514 and by insert ing in lieu thereof a new sentence to read as follows: "The provisions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidate shall be nominated in the manner prescribed by the rules of the county executive committee of his county in the case of a primary, and by the provisions of any local act establishing such gov erning authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965."
(46) That the Senate recedes from its position in disagreeing to House amendment No. 70.

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(47) That the Senate recedes from its position in disagreeing to House amendment No. 71.

(48) That the House recedes from its position as set out in House amendment No. 75.

(49) That the House and the Senate recede from their respective positions on House amendment No. 76 and adopt in lieu thereof the following:

By striking subsection (a) of Section 34-1707 in its entirety and by inserting in lieu thereof a new subsection (a) to read as follows:

"(a) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue, which under other laws of this State, the litigant is en titled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases."

(50) That the Senate recedes from its position in disagreeing to House amendment No. 79.

(51) That the House recedes from its position as set out in House amendment No. 80.

(52) That the House and the Senate recede from their respective positions on House amendment No. 87 and adopt in lieu thereof the following:

By striking subsection (a) of Code Section 34-1920 in its entirety and by inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; or,".

(53) That the House recedes from its position as set out in House amendment No. 88.

(54) That the Senate recedes from its position in disagreeing to House amendment No. 92.

(55) That the House and the Senate recede from their respective positions on House amendment No. 93 and adopt in lieu thereof the fol lowing:

By inserting after Code Section 34-1936 a new Code Section to be known as Code Section 34-1937 to read as follows:

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667

"Section 34-1937. Sale of alcoholic beverages during certain times on primary or election days and in certain areas prohibited. Any person who sells, buys, or offers to sell any intoxicating bever age during the hours the polls are open on a day in which a primary or election is held and within the area in which the said primary or election is held, shall be guilty of a misdemeanor."

(56) That the Senate and the House adopt the following:

By adding after Code Section 34-1937 new Code Sections to be known as Code Sections 34-1938 and 34-1939 to read as follows:

"Section 34-1938. Unauthorized campaign activities. Any per son who violates any provision of Code Section 34-1307 shall be guilty of a misdemeanor.

"Section 34-1939. Count and return of votes. Any poll officer who shall count any votes before the close of the polls or before the last person has voted, whichever occurs later in point of time, on the day of any primary or election shall be guilty of a misde meanor."

By renumbering the subsequent Sections accordingly.

(57) That the House and the Senate recede from their respective positions on House Amendment No. 94 and adopt the following in lieu thereof:

By striking newly numbered Section 34-1940 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1940. Punishment for felonies. Each person con victed of a crime declared to be a felony under the provisions of this Code shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Two Thousand Dollars ($2,000.00) or imprisonment of not less than one year nor more than three years or both in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court."

(58) That the Senate and the House recede from their respective positions on House Amendment No. 95 and adopted in lieu thereof the following:

By striking newly numbered Section 34-1941 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1941. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine of not less than One Hunderd Dollars ($100.00) nor more than One Thousand Dol lars ($1,000.00) confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works

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in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge."

(59) That the House and the Senate adopt the following:

By striking subsection (at) of Section 34-2001 in its entirety and which reads as follows: "Provided, however, nothing contained herein shall be construed to repeal Code Section 34-2301 relating to Congres sional Districts and said Code Section shall remain of full force and effect."

(60) That the House and the Senate adopt the following:

By striking subsection (at) of Section 34-2001 in its entirety and by inserting in lieu thereof a new subsection (at) to read as follows:

"(at) An Act providing for absentee voting by the military, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended; provided, however nothing herein shall be con strued so as to repeal Paragraph 2 of Section 8 of this Act, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, E. S. Sept.-Oct., p. 13). Said Paragraph 2 of Section 8 shall be retained in full force and effect until January 1, 1965, at which such time said Section shall be automatically repealed and shall be null, void and of no force and effect;" (61) That the House and the Senate adopt the following:

By adding after subsection (et) of Section 34-2001 new subsections to be known as subsections (eu), (ev) and (ew), to read as follows:

"(eu) So much of Section 14 and 28 of an Act approved Febru ary 3, 1938 (Ga. Laws 1937-38 E. S. p. 103), as amended, as relates to the sale of spiritous liquors on election days;

"(ev) Code Section 58-609 relating to the giving or furnishing of spirits, intoxicating or malt liquors to any persons on days of elections or primary elections; and

"(ew) Code Section 58-610 relating to the definition of primary elections."

(62) That the House and the Senate recede from their respective positions on House amendment No. 96 and adopt the following in lieu thereof:

"34-2004. Express retentions, (a) Code Section 34-2301 relat ing to the Congressional Districts and the composition thereof so as to designate the counties and portions thereof which shall com pose the Congressional Districts of this State, as amended by an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) is ex-

WEDNESDAY, JUNE 17, 1964

669

pressly retained and shall not be construed as being repealed by the provisions of this Code. Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled 'Chapter 34-18. Congressional Districts', and such Chapter is hereby made a part of this Code and is hereby inserted between Chapters 34-17 and 34-19 of this Code.
"(b) That Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) relating to the composition of the Congressional Districts of this State is hereby expressly retained in full force and effect.
"(c) That said Paragraph 2 of Section 8 of an Act providing for absentee voting by the military approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, E. S. Sept.Oct., p. 13) shall not be construed as being repealed by the provi sions of this Code but shall remain of full force and effect until January 1, 1965, at which such time said Section shall be auto matically repealed and shall be null, void and of no force and effect."
(63) That the House and the Senate adopt the following:
By striking from subsection (g) of Section 34-1315 the figures "34628 (c)" and by inserting in lieu thereof the figures "34-1310 (c)".
(64) That the Senate and the House adopt the following:
By striking the first sentence of Section 34-624 and inserting in lieu thereof a new sentence to read as follows:
"Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the pri mary or primaries held by a single party for the nomination of can didates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candi dates to seek public offices to be filled in the same such election."

Respectfully submitted,
By: Hugh Gillis of 20th Carlton of 21st Loggins of 53rd On behalf of the Senate
By: George D. Busbee Hale of Dade George T. Bagby On behalf of the House

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Senator Carlton of the 21st moved that the Senate do now adjourn until 9:30 o'clock, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

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671

Senate Chamber, Atlanta, Georgia, Thursday, June 18, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Heflin Daniel, pastor, East LaGrange Baptist Church, LaGrange, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Puqua Gayner Gillis Gordy Hall

Heard Holloway Johnson of 42nd Johnson of 38th Kendrick Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Owens Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

Senator Gordy of the 16th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

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The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate to-wit:

SB 17. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874 and the several Acts amendatory thereof; and for other purposes.

The House is returning at the request of the Senate the following bill of the House to-wit:

HB 65. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.

The House has disagreed to the report of the conference committee on the following bill of the Senate.

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th, and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

HR 115. By Mr. Watson of Pike:
A resolution urging the President of the United States to include with in his program of war on poverty the development of the Chattahoochee and Flint River basins; and for other purposes.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 63. Do Pass.

THURSDAY, JUNE 18, 1964

673

HR 83. Do Pass. HR 84. Do Pass. HR 72. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolutions of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 38. Do Pass. HR 88. Do Pass.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Gillis of the 20th District, Chairman of the Committee on Appropria tions submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 69. Do Pass. Respectfully submitted, Gillis of 20th District, Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments submitted the following report:

Mr. President:

:

Your Committee on County and Municipal Governments has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

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HB 62. Do Pass. HB 72. Do Pass by substitute. HB 78. Do Pass. HB 79. Do Pass. HB 80. Do Pass.
Respectfully submitted, Brown of 34th District, Chairman.

The following bills were read the second time:

HB '78. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, as amended, so as to change themethod of selection of an accountant to conduct an audit of the books; and for other purposes.

HB 79. By Messrs. Towson and Knight of Laurens: A bill to amend an act creating a new charter for the City of Dublin, as amended, so as to change the hours for which the polls shall remain open for elections conducted within the City of Dublin; and for other purposes.
HB 80. By Mr. Clarke of Monroe: A bill to authorize the use of voting machines in all elections conducted within Monroe County and the City of Forsyth; and for other purposes.
The following local bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
HR 38, By Mr. Moore of Polk:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove there from those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authoriz ing an additional two mill tax levy for educational purposes within Polk County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom those paragraphs and portions of para graphs which read as follows:

"All of Polk County lying outside of independent school sys tems now in existence in said county shall compose one school dis trict and shall be under the control and management of a County Board of Education. There shall be a Polk County Board of Edu cation which shall consist of nine (9) members, who shall serve without compensation. The judge of the superior court of said county shall appoint the first board and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk County which is now or may hereafter be under the jurisdiction of the Polk County Board of Education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk County Board of Education. All candidates for membership on the Polk County Board of Education shall regis ter with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected mem bers of said board. The new Board of Education provided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in December, 1950, and other elections shall be held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the County Board of Education shall be elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, Fite, and two members shall be elected from the elementary school attendance area of Rockmart. The member ship of the Polk County Board of Education shall be enlarged to thirteen, if and when the independent school system of Cedartown merges with Polk County School System and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a suc cessor who shall hold office until the first election for members of the board as herein provided. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favor able to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for such publisher, or any person who

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shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education.

"There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County school superintendents of the State, except that any legal requireare now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal require ment as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located out side independent school systems as provided for in Paragraph 1, Section 12, Article 8 of the Constitution, the fiscal authorities of Polk County shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk County Board of Edu cation of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recom mended by the Polk County Board of Education.

"The number of members of the Polk County Board of Educa tion shall be increased to thirteen (13) if and when the independent school system of Cedartown ceases to exist or merges with the Polk County school system and the retiring board of education of the Cedartown system, as constituted at the time of such merger, as herein described, shall appoint four (4) of their members to serve on the Polk County Board of Education, two (2) of which shall serve from the date of their appointment to December 31 of the year in which the first election, since the date of their appointment, for any members of the Polk County Board of Education is held; and two (2) of which shall serve from the date of their appoint ment to December 31 of the year in which the second election, since the date of their appointment, for any members of the Board of the Polk County Board of Education is held. The successors to such appointed additional members shall be elected at the same time, for the same term, and under the same rules and regulations as are members of the Polk County Board of Education at the time of said merger, as herein described, if any. In the event of said merger, as herein described, the City of Cedartown shall be repre sented on said board by four (4) members who resided within the city limits of Cedartown at the time of their election or appoint ment but each additional member shall also be a representative of the county at large and nothing contained herein shall be construed to limit the county-wide powers of such additional members.

"In addition to the tax of not less than five (5) mills nor great er than fifteen (15) mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems, as pro vided in Paragraph 1, Section XII, Article VIII of the Constitution, the fiscal authorities of Polk County shall levy a tax for the sup port and maintenance of schools under the jurisdiction of the Polk

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677

County Board of Education of two (2) mills upon the dollar of all taxable property located in the County of Polk when such additional two (2) mill tax is recommended by the Polk County Board of Education."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County.

"Against ratification of amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

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Those voting in the affirmative were Senators:

Brewer Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Johnson of 42nd Johnson of 38th Kendrick Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Owens Pelham

Phillips Plunkett Rowan Scott Searcey Smith Spinks Thomas Tribble Webb Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 63. By Messrs. Newton and Matthews of Colquitt:
A RESOLUTION
Proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Au thority insofar as the extent of the Authority's operations are con cerned; to provide for the issuance of bonds by the Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom the following:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of the City of Moultrie and Colquitt County;

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679

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in dustrial plant or establishment within the City of Moultrie and Colquitt County which in the judgment of the Authority will be of benefit to the people of said city and county. The provisions of this clause shall not be construed to limit any other powers of the Au thority ;

"(5) To contract with the City of Moultrie and Colquitt Coun ty and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in the City of Moultrie and Col quitt County, and to make long range plans therefor;

"I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds, thus issued, shall be paid from the income of the Authority.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Moultrie and Colquitt County, and the scope of its operation shall be limited to the territory embraced therein. The General Assembly shall not ex tend the jurisdiction of the Authority nor the scope of its operation beyond such limits.",

and substituting in lieu thereof, respectively, the following:

"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of the City of Moultrie 01 Colquitt County;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in dustrial plant or establishment within the City of Moultrie or Col quitt County which in the judgment of the Authority will be of benefit to the people of said city and county. The provisions of this clause shall not be construed to limit any other powers of the Au thority ;

"(5) To contract with the City of Moultrie, Colquitt County and other political subdivisions and with private persons and cor porations and to sue and be sued in its corporate name;

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in the City of Moultrie and in Colquitt County, and to make long range plans therefor;

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"I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from what ever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Moultrie-Colquitt County Development Authority which may be
adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engi neering, inspection, fiscal and legal expenses, and interest esti mated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respec tive dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are here by declared to be non-taxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code Section 87-815 et seq of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judg ment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be a body corporate and politic, and the scope of its operation shall be limited to the territory embraced within Colquitt County. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operation beyond such limits."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County

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681

Development Authority insofar as the extent of the Authority's operations are concerned, and to provide for the issuance of bonds.

"Against ratification of amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt Coun ty Development Authority insofar as the extent of the Authority's operations are concerned, and to provide for the issuance of bonds."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The Committee on Rules offered the following amendment:
Amend HR 63 by striking in their entirety the third from the last and the next to the last quoted paragraphs of Section 1 and substituting in lieu thereof the following:
"'(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Colquitt County, and to make long range plans therefor;
'I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from what ever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineer ing, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months there after and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding six per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may con tain such terms, covenants, assignments and conditions as the reso lution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby de clared to be non-taxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of

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JOURNAL OF THE SENATE,

Colquitt County in the same manner as revenue bonds of munici palities are validated as provided in Code Sections 87-815 et seq of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court or the Court of Appeals, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority.' "

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Carlton Carter Coggin Conway Downing Ellis Puqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Johnson of 42nd Johnson of 38th Kendrick Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Owens Pelham

Phillips Plunkett Rowan Scott Searcey Smith Spinks Thomas Tribble Webb Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.

HR 72. By Messrs. Keyton and Russell of Thomas:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; to pro vide for the repayment of such obligations; to provide the means of

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683

issuing such obligations; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

SECTION 1

Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

"Anything in this Constitution to the contrary notwithstanding, Thomas County, by and through its governing authority, may issue revenue obligations to provide funds to pay the cost, in whole or in part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, airports, water, sewerage and garbage collection, treatment and disposal systems, gas and electric systems (including dams, reservoirs, gene rating stations and the like), recreational, amusement, educational and exhibition facilities, public parking buildings and facilities (in cluding parking meters), public facilities for the transportation of passengers for hire and for such other kinds of public property and facilities as may be authorized by the General Assembly. Such obli gations shall be payable, as to principal and interest, solely from revenue produced from public property or facilities and pledged to the payment thereof and shall not be deemed to be debts of, or to create debts against the issuer within the meaning of any provision of this Constitution and any revenues other than taxes may be pledged to the payment of such obligations though such revenues are to be received from property other than that being acquired, constructed or improved; provided, however, before any such obli gations may be issued for the purpose of initially acquiring, con structing or equipping gas or electric generation or distribution systems, or for the purpose of extending any such system beyond the limits of Thomas County, the same shall first be authorized by a majority of those voting at an election held for that purpose in Thomas County; and provided further that a majority of the registered voters of Thomas County shall vote in said election. No election shall be required to authorize the issuance of any obliga tions, the proceeds of which shall be used solely for the purpose of refunding outstanding obligations. Provided that after a favorable election has been held as set forth above, if Thomas County shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend its serv ices beyond the limits of the county unless such service is merely incidental to its transmission lines, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. No issuer shall exercise the power of taxation for the purpose of pay ing the principal of or the interest on any such obligations."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

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branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; to provide for the repayment of such obligations; and to provide the means of issuing such obligations.

"Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs of certain projects; to provide for the repayment of such obligations; and to provide the means of issuing such obligations."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Carlton
Carter Coggin Conway Downing Ellis

Fuqua Gayner Gillis
Gordy Hall Harrison Heard Holloway

Johnson of 42nd Johnson of 38th Kendrick
Lee Maclntyre Moore McKinnon McWhorter

Noble Oliver Owens Pelham Phillips Plunkett

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685

Rowan Scott Searcey Smith Spinks Thomas

Tribble Webb Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 83. By Messrs. Clark and Tucker of Catoosa:
A RESOLUTION
Proposing an amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Admin istrators for Catoosa County and to abolish said Board effective Decem ber 31, 1964; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by striking all the language added to said Paragraph by an amendment found in Georgia Laws 1958, page 592, and ratified at the General Election in November, 1958, and inserting in lieu thereof the following:
"The provisions of an amendment relating to the Catoosa County Board of Tax Administrators are hereby declared to be null and void and said Board shall stand abolished at the end of December 31, 1964. Any persons elected at the same time that this amendment is ratified shall not take office and there shall be no such Board after the aforesaid date."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered

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on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964.
"Against ratification of amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Johnson of 42nd Johnson of 38th Kendrick Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Owens Pelham

Phillips Plunkett Rowan Scott Searcey Smith Spinks Thomas Tribble Webb Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

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687

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 84. By Messrs. Melton and Bolton of Spalding:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of the Constitution to the contrary not withstanding, the governing authority of Spalding County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelth grade and to convey any such property so ac quired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade.
"In order to finance such undertaking, the governing authority of Spalding County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this constitution and the laws governing the issuance of general obliga tion bonds. The taxes assessed, levied and collected for the pay ment of the bonded indebtedness incurred pursuant to the provisions herein shall be upon all the taxable property in Spalding County, including any such property in any municipal or independent school system or district. The bonded indebtedness herein author ized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exercising the authority herein granted, the governing authority of Spalding County shall have contracted with the Board

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of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the Uni versity System of Georgia; and the Board of Regents shall have contracted with the governing authority of Spalding County to accept any such property or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of this State."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon of the following:
"For ratification of amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelth grade."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

THURSDAY, JUNE 18, 1964

689

Those voting in the affirmative were Senators:

Brewer Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Johnson of 42nd Johnson of 38th Kendrick Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Owens Pelham

Phillips Plunkett Rowan Scott Searcey Smith Spinks Thomas Tribble Webb Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 65. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an act to amend an act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 2301), so as to change the corporate limits of the City of Moultrie; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 2301), is hereby amended by striking in its entirety Section 2, and substituting in lieu thereof a new Section 2 to read as follows:

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"Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Moultrie be such as to include and embrace therein all the area lying within the following boundary lines:
"Begin at the original Southwest corner of Land Lot Number 337 in the 8th Land District of Colquitt County, Georgia, and from said point of beginning run East along the South line of said land lot number 337, 4250 feet, more or less, to the East margin of the right of way of the Georgia Northern Railroad, thence run in a Northerly direction along the East margin of the right of way of the Georgia Northern Railroad 8220 feet, more or less, to the Old South of and parallel to a straight line running East and West pages 1458 et seq., which Old South City Limits line lies 5860 feet South of and aparallel to a straight line running East and West through the center of the county courthouse square, thence run East along said Old South City Limits Line 2200 feet, more or less, to the Old Southeast Corner of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458, et seq., which point is the point of intersection of said Old South City Limits Line with the Old East City Limits Line, which said line was threequarters of a mile East of and parallel to a straight line running North and South through the center of the county courthouse square, thence run North along said Old East City Limits line 1000 feet, more or less, to the South original lot line of Land Lot Number 292 in the 8th Land District of Colquitt County, thence run East along the South original lot lines of Land Lots Numbers 292, 293 and 294 in the 8th Land District of Colquitt County a distance of 10,575 feet, thence run North parallel with said Old East City Limits line a distance of 4530 feet, thence run West parallel with the South lot lines of said lots 294 and 293 a distance of 6000 feet, more or less, to the East original lot line of Land Lot Number 261 in the 8th Land District of Colquitt County, thence run North along the East original lot line of said Land Lot Number 261, 4000 feet, more or less, to its intersection with an extension East ward of the Old North City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq. which line lies three-quarters of a mile North of and parallel to a straight line running East and West through the center of the county courthouse square, thence run West along said extension of the Old North City Limits line and the Old North City Limits line 8000 feet, more or less, to a point 610 feet East of the inter section of said line with the East margin of North Main Street, thence run North perpendicular to said Old North City Limits line 2960 feet, thence run West parallel with said Old North City Limits line 1100 feet, more or less, to the East Margin of the Old Moultrie-Sylvester State Highway, thence run in a Southerly direction along the East margin of said Old Moultrie-Sylvester State Highway and North Main Street extended a distance of 2550 feet, more or less, to the South margin of the right of way of the Georgia Northern Railroad, thence run in a Northwesterly direction along the South margin of the right of way of the Georgia Northern Railroad 255 feet to a point which is 150 feet West of the West margin of North Main Street extended measuring perpendicular thereto, thence run South parallel with the West margin of said North Main Street extended a distance of 600 feet

THURSDAY, JUNE 18, 1964

691

to a point 150 feet West of the West margin of North Main Street on said Old North City Limits line, thence run West along said Old North City Limits line to its intersection with an extension of the East margin of First Street, N.W., thence run North 0 degrees 44 minutes East 111 feet, thence run North 3 degrees 15 minutes West 387 feet, thence run in a Northwesterly direction along an arch delineated by an old fence on the South margin of property of the Georgia Northern Railroad Company 405.05 feet to the South margin of property of Swift and Company, thence run North 87 degrees 38 minutes West 29 feet, thence run South 0 degrees 44 minutes West 837.3 feet to said Old North City Limits line, thence run West along said Old North City Limits line 435 feet, more or less to the East margin of the right of way of MoultrieAlbany State Highway Number 133, thence run Northwesterly
along an arc delineated by an old fence on the South margin of tance of 2200 feet, thence run West parallel with said Old North City Limits line a distance of 4900 feet, thence run South parallel with the Old West City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., which old West City Limits line was located three-quarters of a mile west of and parallel to a straight line running North and South through the center of the county courthouse square, to a point 1000
feet from the center line of the Moultrie-Camilla State Highway Number 37 measured along a line perpendicular to the center line of said highway, thence run in a Northwesterly direction along a line parallel to and 1000 feet North of the center line of said Moultrie-Camilla State Highway a distance of 4150 feet, more or less, to the center line of Hamilton Road in Camilla Heights Sub division, thence run South along the center line of said Hamilton Road a distance of 1000 feet to the center line of said MoultrieCamilla State Highway, thence continue in a Southerly direction along an extension of the center line of said Hamilton Road a distance of 500 feet, thence run in a Southeasterly direction along a line parallel to and 500 feet South of the center line of said Moultrie-Camilla State Highway a distance of 4800 feet, more or less, to its intersection with a line parallel to and 3400 feet West of the Old West City Limits line as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., thence run South along said line a distance of 6800 feet, more or less, to its intersection with the Old South City Limits line extended West 3400 feet, thence run in a Southeasterly direction in line with the Southwest corner of the Franklin Subdivision, which point is on the North margin of the Moultrie-Meigs Post Road 511 feet West of the intersection of the North margin of said road and the East original lot line of land lot number 336 in the 8th Land District of Colquitt County, a distance of 7200 feet, more or less, to its intersection with an extension of the North line of lands of Carlton Duggan, which point is 480 feet, more or less, from said Southwest corner of the Franklin Subdivision, thence run South 59 degrees West 559 feet, thence run South 38 degrees 30 minutes East 30 feet, thence run South 59 degrees West 30 feet to the West margin of lands of Carlton Duggan, thence run South 28 degrees 30 minutes East 270 feet to the North margin of the right of way of the MoultrieMeigs Post Road, thence run in an Easterly direction along the North margin of the right of way of said Moultrie-Meigs Post Road 508 feet, thence run Southeast across said Moultrie-Meigs

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Post Road and along the West margin of lands of R. M. Carlton 550 feet, thence run Northeast parallel with the South margin of the Moultrie-Meigs Post Road 600 feet, more or less, to the West original lot line of land lot number 337 in the 8th Land District of Colquitt County, thence run South along the West original lot line of said lot 337 a distance of 3150 feet to the Southwest corner of said land lot and the point of beginning; except that there shall not be included in said city of Moultrie that area encompassed within the present corporate limits of the Town of Riverside."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 28, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 72. By Messrs. Snow and Abney of Walker:
A bill to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an Act to amend an Act creating the office of com missioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. Laws 1939, p. 751), as amended, particularly by an Act approved February 12, 1945 (Ga. Laws 1945, p. 629), an Act approved February 15, 1951 (Ga. Laws 1951, p. 3307), and an Act approved March 5, 1957 (Ga. Laws 1957, p. 2416), so as to change the salary of the commissioner; to provide provisions for an automobile for the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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693

Section 1. An Act creating the office of commissioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. Laws 1939, p. 751), as amended, particularly by an Act approved February 12, 1945, (Ga. Laws 1945, p. 629), an Act approved February 15, 1951 (Ga. Laws 1951, p. 3307), and an Act approved March 5, 1957 (Ga. Laws 1957, p. 2416), is hereby amended by striking from Section 9 the following: "seven thousand dollars ($7,000.00)" and substituting in lieu thereof "twelve thousand five hundred dollars ($12,500.00)", and by adding at the end thereof the following: "After the effective date of this Act, the commissioner shall provide at his own expense his own automobile as is needed to discharge the official duties of his office, except that automobile presently being furnished to said commissioner by Walker County may be utilized by the commissioner until it shall no longer be serviceable and shall be disposed of by the commissioner. He shall continue to receive the expense allowances provided for in Section 10 of this Act.", so that when so amended Section 9 shall read as follows:

"Section 9. Be it further enacted by the authority aforesaid, That the compensation of said commissioner shall not exceed twelve thousand five hundred dollars ($12,500.00) per annum, to be paid monthly out of the county depository or treasury. Said commis sioner shall give his full time to the discharge of his duties as such. After the effective date of this Act, the commissioner shall provide at his own expense his own automobile as is needed to discharge the official duties of his office, except that automobile presently being furnished to said commissioner by Walker County may be utilized by the commissioner until it shall no longer be serviceable and shall be disposed of by the commissioner. He shall continue to receive the expense allowances provided for in Section 10 of this Act."

Section 2. This Act shall become effective on January 1, 1965.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 28, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OP THE SENATE,

HB 62. By Messrs. Ware and Spikes of Troup:
A bill to abolish the justice courts, the offices of justice of the peace, the office of the notary public ex-officio justice of the peace, the offices of constable in the 655th Militia District of Troup County, Ga., having within its borders the City of LaGrange, having a certain population; to repeal conflicting- laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 67. By Mr. Davis of Heard:
A bill to revise the corporate charter of the City of Franklin in the County of Heard and provide a new charter thereof; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 68. By Messrs. Lane and Nessmith of Bulloch:
A bill relating to the creation of the City Court of Statesboro, so as to provide for the trial of all violations of traffic laws of Georgia in said court in the same manner as now provided for the trial of such cases in the courts of ordinary in certain counties; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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695

HB 70. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act establishing a new charter for the City of Stone Mountain, so as to change the corporate limits for said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 74. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville in the County of Douglas, so as to extend the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 75. By Messrs. Jones and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus setting the com pensation of the commissioners; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 76. By Mr. Conner of Jeff Davis:
A bill to amend an act providing a new charter for the City of Hazlehurst, so as to authorize the city to close streets and alleys located within the city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 77. By Mr. Clarke of Monroe:
A bill to amend an act consolidating the various acts incorporating the City of Forsyth, so as to authorize the use of voting machines in elections conducted within the city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 69. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing supplementary appropriations for the fiscal year ending June 30, 1964, which was signed by the Governor on May 12, 1964, and which is Act No. 1 of the extraordinary session which convened on May 4, 1964, so as to provide additional appropri ations for the Legislative Branch of the Government; and for other purposes.

Senator Carlton of the 21st moved that the Senate resolve itself into a Committee of the Whole, and the motion prevailed.

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697

Senator Carlton of the 21st moved that the Committee of the Whole be now dissolved.

The motion prevailed, and the Senators resumed the regular order of business.

Senator Gillis of the 20th reported that the Committee of the Whole had had under consideration HB 69, and had instructed him to report that HB 69 do pass.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Carlton Carter Downing Ellis Gayner Gillis Gordy Hall Heard Holloway Johnson of 42nd

Johnson of 38th Kendrick Lee Maclntyre Moore McKinnon McWhorter Noble Owens Phillips Plunkett Rowan Salome

Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Yancey Young Zorn

Those voting in the negative were Senators Conway and Wesberry.

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 37, nays 2.

The bill, having received the requisite constitutional majority, was passed.

Senator Carlton of the 21st asked unanimous consent that HB 69 be im mediately transmitted to the House.
The consent was granted.

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Senator Webb of the llth presented former President of the Senate Ed Dykes, who addressed the Senate briefly.

HR 108. By Messrs. Groover of Bibb, Hale of Dade, Alien of Tift, Baughman of Early, Mixon of Irwin and others:
A resolution requesting the two United States senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases; and for other purposes.

Senator Phillips of the 27th moved that HR 108 be indefinitely postponed.

On the motion to postpone, the ayes were 25, nays 10, and the motion pre vailed.

Senator McKinnon of the 7th asked unanimous consent that he be recorded as voting "No".

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the following Senate amendments to the following resolution of the House:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens, Rutland of DeKalb, and Busbee of Dougherty:
A resolution proposing a revised Constitution of Georgia; and for other purposes.
Senate amendments Numbers 3, 5, 8, 9, 10, 11, 17, 28, 31, 34, 36, 37, 40, 41, 42, 43, 57, 60, 75, 81, 82, 84, 91, 96, 99, 116, 121, 122, 125, 126.

The House has disagreed to the following Senate amendments to the follow ing resolution of the House:

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699

HE 6. By Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens, Rutland of DeKalb, and Busbee of Dougherty:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senate amendments Numbers 1, 2, 4, 6, 7, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 32, 33, 35, 38, 39, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76, 77, 77A, 78, 79, 80, 83, 85, 86, 87, 88, 89, 90, 92, 93, 94, 95, 97, 98, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 123, 124, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

Senator Webb of the llth moved that the Senate disagree with the report of the Committee of Conference.

On the motion to disagree, the ayes were 41, nays 0, and the motion prevailed.

Senator Webb of the llth moved that the Committee of Conference be dis charged, and that a new Committee of Conference be appointed.

The motion prevailed, and the president appointed as a new Committee of Conference the following:

Senators Carlton of the 21st, Gillis of the 20th and Rowan of the 8th.

The following resolution of the House was taken up for the purpose of considering House action thereto:

HR 6. By Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens, Rutland of DeKalb and Busbee of Dougherty:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

Senator Carlton of the 21st moved that the Senate insist on its position on HR 6 and that a Committee of Conference be appointed.

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On the motion, the ayes were 42, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference the following:

Senators Carlton of the 21st, Webb of the llth and Gayner of the 5th.

The following resolution was read and adopted:

SR 42. By Senator Wesberry of the 37th:
A resolution commending Honorable Peter Zack Geer; and for other purposes.

Senator Searcey of the 2nd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

FRIDAY, JUNE 19, 1964

701

Senate Chamber, Atlanta, Georgia, Friday, June 19, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend S. A. Phillips, pastor, Gillsville Baptist Church, Gillsville, Georgia.
Prayer was offered by the Reverend Pat DuPree, pastor, Salem Baptist Church, Tifton, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Gayner Gillis
Gordy Hall

Heard Holloway Johnson of 38th Kendrick Lee Loggins Maclntyre Moore McKinnon Noble Oliver Owens
Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Yancey Young
Zorn

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees.

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5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments of the following resolutions of the House:

HR 57. By Mr. Parker of Screven:
A resolution proposing an amendment to the Constitiition so as to repeal a proposed amendment to the Constitution relating to the election of the members of the Board of Education of Screven County by the people; and for other purposes.

HR 14. By Messrs. Echols and Caldwell of Upson:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instru mentality of the State of Georgia to be known as the Thomaston Office Building Authority; and for other purposes.

HR 50. By Messrs. Harrington and Chandler of Baldwin:
A resolution proposing an amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; and for other purposes.

The House has discharged Conference Committee No. 1 and has appointed Conference Committee No. 2 on the following bill of the Senate:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th, and Zorn of the 6th:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The Speaker has appointed on the part of the House for the 2nd Conference Committee the following:

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703

Busbee of Dougherty, Hale of Bade, Bagby of Paulding.
The House insists on its position and appoints a Conference Committee on the following resolution of the House:

HE 6. By Smith of Grady, Bolton of Spalding, Andrews of Stephens, Rutland of DeKalb, and Busbee of Dougherty:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The Speaker has appointed on the part of the House the following:

Bolton of Spalding, Twitty of Mitchell, Groover of Bibb.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 2. SB 4. SB 5.
Respectfully submitted, Pelham of the 10th District, Chairman.

The following resolution was read and adopted:

SR 41. By Senators Brown of the 34th, Kidd of the 25th and Lee of the 47th:
A resolution requesting the establishment of a Hall of Flags Annex; and for other purposes.

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JOURNAL OF THE SENATE,

>

The following resolution was read:

HR 115. By Mr. Watson of Pike:
A resolution urging the President of the United States to include within his program of war on poverty the development of the Chattahoochee and Flint River basins; and for other purposes.

Senator Smalley of the 28th asked unanimous consent that HR 115 be post poned until June 22, 1964.

The consent was granted.

Senator Carlton of the 21st moved that the Senate do now adjourn until 10:30 o'clock Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock Monday morning.

MONDAY, JUNE 22, 1964

705

Senate Chamber, Atlanta, Georgia, Monday, June 22, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend John Maxwell, pastor, First Methodist Church, Thomson, Georgia.

The roll was called, and the following senators answered to their names:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens Pelham

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Senator Gordy of the 15th reported that the journal of Friday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.

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JOURNAL OF THE SENATE,

3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the

Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes of the following bills of the House:

HB 65. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the City of Moultrie; and for other purposes.

HB 72. By Messrs. Snow and Abney of Walker:
A bill to amend an act creating the office of commissioner of roads and revenues for the County of Walker, so as to change the salary of the commissioner; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering the report of a second Committee of Conference thereto:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, Gillis of the 20th and Zorn of the 6th:
A bill to provide a comprehensive revision of the Election and Primary Laws and all related laws of this State and for other purposes.

The report of the second Committee of Conference was as follows: CONFERENCE COMMITTEE REPORT ON SB 1.
The Conference Committee on SB 1 adopts the following report:
(1) The Senate recedes from its position in disagreeing to House amendments numbers 2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 18, 19, 21, 22, 25,

MONDAY, JUNE 22, 1964

707

26, 32, 36, 38, 41, 46, 49, 52, 53, 54, 55, 67, 68, 72, 73, 74, 77, 78, 81, 82. 83, 84, 85, 86, 89, 90 and 91.

(2) That the Senate recedes from its position in disagreeing to House amendment No. 1.

(3) That the House and the Senate recede from their respective positions on House amendment No. 7 and adopt in lieu thereof the fol lowing:

By striking from Section 34-105 the words "day prior to such full number of days" and by inserting in lieu thereof the words "last day".

(4) That the House and the Senate recede from their respective positions on House amendment No. 8 and adopt in lieu thereof the fol lowing :

By striking Section 34-107 in its entirety and by inserting in lieu thereof the following:

"Section 34-107. Person convicted of certain crimes not to be eligible for nomination or election to public office or serve as pri mary or election official. No person shall be eligible for party nomi nation for or election to public office or shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as an ordinary registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony, or crime involving moral turpitude, under the laws of this State, or any other State or of the United States unless on appeal such conviction shall have been set aside or unless such per son shall have been pardoned. In the event of disqualification of the ordinary, as above set forth, the Clerk of the Superior Court shall act in his stead."

(5) That the House and the Senate recede from their respective positions on House amendment No. 9 and adopt in lieu thereof the fol lowing:

By striking Chapter 34-2 in its entirety and by inserting in lieu thereof a new Chapter to read as follows:

"Chapter 34-2. State Election Board.

Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings, (a) There is hereby created a State Board to be known as the 'State Election Board' to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly, and an elector to be elected by a majority vote of the House of Representatives of the General Assembly. The members to be elected by the repsective Houses of

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the General Assembly shall serve a term of two years, said term

to be concurrent with the terms of the members of the House of

Representatives, and shall serve until their successors are duly

elected and qualified. The elected members of the Board shall be

subject to being removed at any time during their term by a ma

jority vote of the House by which they were elected. No person while

a member of the General Assembly shall serve as a member of the

Board. If this Board should become effective at a time when the

General Assembly is not in session, then the President of the Senate

shall thereupon appoint an elector to serve on the Board until the

next session of the General Assembly, at which time an elector shall

be elected by the Senate; and the Speaker of the House of Repre

sentatives shall thereupon appoint an elector to serve on the Board

until the next session of the General Assembly, at which time an

elector shall be elected by the House. In the event a vacancy should

occur or exist in the office of an elected or appointed member of

:

the Board at a time when the General Assembly is not in session,

then the President of the Senate shall thereupon appoint an elector

to fill the unexpired term of such member if the prior member was

elected by the members of the Senate or appointed by the President

of the Senate, and the Speaker of the House of Representatives shall

thereupon appoint an elector to fill the unexpired term of such

member if the prior member was elected by the members of the

House of Representatives or appointed by the Speaker of the House

of Representatives. Any member appointed to fill any unexpired

term shall serve until the next session of the General Assembly

after his appointment, at which time new members shall be elected

as hereinbefore provided. The Secretary of State shall be the Chair

man of the Board. Two members of the Board shall constitute a

quorum, and no vacancy on the Board shall impair the right of

qualified members to exercise all the powers and perform all the

duties of the Board. The Board shall adopt a seal for its use, and

by-laws for its own government and procedure.

(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each appointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exercise of its powers or in the performance of its duties under this Code. An adviser shall receive no compensation from public funds.

(c) Meetings shall be held whenever necessary for the per formance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions com ing before the Board. The Chairman shall give to each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board.

MONDAY, JUNE 22, 1964

709

Section 34-202. Duties of the Board. It shall be the duty of the State Election Board:

(a) To so coordinate the work of the Secretary of State, the ordinaries, the poll officers, and other officials, as to obtain uni formity in their practices and proceedings and legality and honesty in all elections.

(b) To formulate, adopt and promulgate such rules and regu lations, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary, provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated.

(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regula tions adopted by the Board.

(d) To investigate when necessary or advisable the administra tion of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitorgeneral for further investigation and prosecution. The findings of such an investigation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein.

(e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and

(f) To employ such assistants as may be necessary. Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board.

(a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other re lief to compel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to re strain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith including the right to seek such relief for any anticipatory breach.

(b) Any petition seeking any of the relief authorized in sub section (a) above shall be filed in the superior court of the residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or

710

JOURNAL OF THE SENATE,

other illegal conduct, and all proceedings shall be heard and pre sided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of disqualification of such judge or in the event of the refusal of such judge to act, by that judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.

(c) In the event, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Election Board.

(d) Upon any action being filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tabulation or certification of any election or primary, except those instituted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the Chairman thereof by mailing a copy to the Chair man by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.
(e) Any verdict, judgment, decree, order, ruling or other judi cial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of exceptions as pro vided by law. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.
Section 34-204. Evidence; hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of witnesses. The Board, in in vestigating the administration of primary and election laws within a county or any frauds or irregularities in primaries and elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hear ing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the production of an appropriate return re ceipt issued by the United States Post Office shall constitute prima

MONDAY, JUNE 22, 1964

711

facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forth with by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such wit ness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

Section 34-205. Compensation of Members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall receive his necessary traveling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the Chairman of the Board shall receive no per diem."

(6) That the House recedes from its position on House amendment No. 10.

(7) That the House recedes from its position on House amendment No. 12.

(8) The House and the Senate recede from their respective positions on House amendment No. 17 and adopt the following in lieu thereof:

By striking the title of Section 34-603, and by striking Subsection (a) of Section 34-603 and inserting in lieu thereof the following:

"Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appoint ment in counties of over 500,000 in population. -- (a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall ap point quadrennially, upon the recommendation of the grand jury of such county, three judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State, within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as hereinafter provided. Such judge shall have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have

712

JOURNAL OF THE SENATE,

the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury con venes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall im mediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein pro vided."

(9) That the Senate recedes from its position in disagreeing to House amendment No. 20.

(10) That the House and the Senate recede from their respective positions on House amendment No. 23 and adopt in lieu thereof the following:

By striking from the title of Code Section 34-611 the words "fortyfive" and by inserting the word "fifty".

By striking from Code Section 34-611 the words "forty-sixth" and by inserting in lieu thereof the words "fifty".

(11) That the Senate recedes from its position in disagreeing to House amendment No. 24.

(12) That the House and the Senate recede from their respective positions on House amendment No. 27 and adopt the following in lieu thereof:

By striking the words "forty-five" in all places they appear in Code Section 34-625 and by inserting in lieu thereof the word "fifty" in all such places.

(13) That the Senate recedes from its position in disagreeing to House amendment No. 28.

(14) That the Senate and the House recede from their respective positions on House amendments Nos. 29 and 30, and adopt the following in lieu thereof:
By striking Subsection (b) of Section 34-629 and by inserting in lieu thereof a new Subsection (b) to read as follows:
"(b) In any election held in an election district (not containing the county courthouse) in which no question is printed on the bal-

MONDAY, JUNE 22, 1964

713

lots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed thereon, then the polling place in such district shall not be established and the registrars shall furnish to the managers of the polling place in the election district containing the county courthouse the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their districts."

(15) That the House recedes from its position as set out in House amendment No. 31.

(16) That the Senate recedes from its position in disagreeing to House amendment No. 33.

(17) That the Senate recede from its position in disagreeing to House amendment No. 34.

(18) That the House and the Senate recede from their respective positions on House amendment No. 35, and adopt in lieu thereof the following:

By striking Section 34-801 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-801. General Primaries. Whenever a political party, who elected the most members of the General Assembly at the last November election as compared with the number of members of the General Assembly elected by any other political party, shall hold a primary to nominate candidates for public office to be filled in the ensuring November election, the same shall be held on the fourth Wednesday in August in each even-numbered year. Whenever any other political party shall hold a primary to nominate candidates for public office to be filled in the ensuing November election the same shall be held on the fourth Wednesday in September in each evennumbered year. The preceding provisions of this Section shall not apply to primaries held to nominate candidates for public offices to be filled in the November election of 1964, and upon the holding of such election this sentence shall be automatically repealed."

(19) That the House recedes from its position as set out in House amendment No. 37.

(20) That the House and Senate adopt the following:
By striking from Subsection (a) of Code Section 34-901 the word "thirty" and by inserting in lieu thereof the word "sixty".
(21) That the House recedes from its position as set out in House amendment No. 39.

714

JOUKNAL OF THE SENATE,

(22) That the Senate recedes from its position in disagreeing to House amendment No. 40.

(23) That the House and the Senate adopt the following:

By striking Subsections (b) and (c) of Section 34-904 and by insert ing in lieu thereof new Subsections (b) and (c) to read as follows:

"(b) During the period of thirty days following the filing of such petition, the State executive committee shall make such investi gation and shall take such other action as is necessary to determine the merits of the petition. If the State committee determines that an investigation hearing is warranted, it shall conduct such hearing and give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying.

(c) On or before the thirtieth day after the filing of such petition, the State committee shall either render a report to the petitioner containing its findings as to whether fraud or irregular ity existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor-general and the grand jury of the county involved; and the State committee shall also make available to them any evidence in its possession which supports such findings."

By striking from Subsection (d) of Code Section 34-904 the word "twenty" and by inserting in lieu thereof the word "thirty".

(24) That the Senate recedes from its position in disagreeing to to House amendment No. 42.

(25) That the House and the Senate adopt the following:

By striking the words "forty-five" in both places where they appear in Subsection (b) of Code Section 34-1001 and by inserting in lieu thereof in both such places the word "thirty" and by striking the words "sixtyfive" in said Subsection (b) of Code Section 34-1001 and by inserting in lieu thereof the word "fifty".

(26) That the House and the Senate recede from their respective positions on House amendment No. 43, and adopt the following in lieu thereof:
By striking the last sentence contained in Section 34-1002 and by inserting in lieu thereof a new sentence to read as follows: "The pro visions of this Section shall not apply to candidates seeking party nomi nation for or election to the governing authority of a county during the year 1964, and such candidates shall be governed by the county executive

MONDAY, JUNE 22, 1964

715

committee rules in any such primaries and in accordance with any local act establishing such governing authority in the case of said election; and this sentence shall be automatically repealed effective January 1, 1965."

(27) That the Senate and the House recede from their respective positions on House amendments No. 44 and 45, and adopt in lieu thereof the following:

By striking Code Section 34-1006 in its entirety and by inserting in lieu thereof a new Code Section 34-1006 to read as follows:

"Section 34-1006. Qualification of Candidates. All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special primary, at least fifteen days prior to its date; and a party shall fix no other qualification deadline. The preceding sentence shall not apply to the qualification of candidates seeking party nomination in any general primary to be held on September 9, 1964, or in any primary held prior to the said date, and upon the holding of the last of such general primaries this sentence shall be automatically repealed."

(28) That the Senate and the House adopt the following:

By striking from Subsection (a) of Section 34-1007 the words "estab lished by the ordinary or ordinaries" and by inserting in lieu thereof the words "in each election district".

(29) That the House and the Senate recede from their respective positions on House amendment No. 47 and adopt in lieu thereof the following:

By striking from Subsection (c) of Code Section 34-1010 the follow ing: ", and shall also add the name of his election district, if known".

(30) That the Senate recedes from its position in disagreeing to House amendment No. 48.

(31) That the House and the Senate recede from their respective positions on House amendment No. 50, and adopt the following in lieu thereof:

By striking from the last sentence of Section 34-1104 the word "back" in both places where it appears and by inserting in lieu thereof the word "front".

By adding at the end of said Section a new sentence to read as follows: "The number strip on the ballot shall also have the following words printed thereon; 'Tear off before depositing ballot in ballot box'."

716

JOURNAL OP THE SENATE,

(32) That the House and the Senate recede from their respective positions on House amendment No. 51 and adopt in lieu thereof the following:

By adding a new sentence at the end of Code Section 34-1105 to read as follows: "Upon receiving any such request, said official shall determine whether the surnames of the candidates are of such similar nature as to warrant printing the occupation or residence of any such candidate on the ballot, and the decision of such official shall be con clusive."

(33) That the Senate recedes from its position in disagreeing to House amendment No. 56.

(34) That the Senate recedes from its position in disagreeing to House amendment No. 57.

(35) That the House recedes from its position as set out in House amendment No. 58.

(36) That the Senate recedes from its position in disagreeing to House amendment No. 59.

(37) That the Senate recedes from its position in disagreeing to House amendment No. 60.

(38) That the House and the Senate recede from their respective positions on House amendment No. 61 and adopt in lieu thereof the following:

By striking Subsection (d) of Section 34-1316 in its entirety and by substituting in lieu thereof a new Subsection to read as follows:

"(d) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged' shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked 'chal lenged'."

(39) That the House and the Senate recede from their respective positions on House amendment No. 62 and adopt in lieu thereof the following:

By striking Code Section 34-1317 in its entirety and by inserting in lieu thereof the following:

"Section 34-1317. Assistance in voting, (a) No elector shall receive any assistance in voting at any primary or election: Unless

MONDAY, JUNE 22, 1964

717

he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before an elector shall be permitted to receive assistance, he shall take an oath which shall be adminis tered to him and place in writing by a manager, giving the reason why he required assistance. The name of each person assisting the elector shall be endorsed on the oath.

(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector except a poll officer, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting com partment or booth. No person shall assist more than ten such electors in any primary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection."

(40) That the Senate and the House recede from their respective positions on House amendment No. 63, and that the following be adopted in lieu thereof:

By striking the first sentence of Subsection (a) of Section 34-1321 in its entirety and by inserting in lieu thereof the following: "After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein."

(41) That the House and the Senate recede from their respective positions on House amendment No. 64, and adopt in lieu thereof the following:

By striking the second sentence of Subsection (b) of Section 34-1405 in its entirety.

718

JOURNAL OF THE SENATE,

(42) That the House and the Senate recede from their respective positions on House amendment No. 65 and adopt in lieu thereof the following:

By adding a new Subsection to Code Section 34-1406 to be known as Subsection (c) to read as follows:

"(c) Anything in this Code to the contrary notwithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for the purpose of voting an absentee ballot which he has received on the ground of physical disability."

(43) That the House recedes from its position as set out in House amendment No. 66.

(44) That the House and the Senate recede from their respective positions on House amendment No. 69 and adopt in lieu thereof the following:

By striking the last sentence of Code Section 34-1514 and by insert ing in lieu thereof a new sentence to read as follows: "The provisions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidate shall be nominated in the manner prescribed by the rules of the county executive committee of his county in the case of a primary, and by the provisions of any local act establishing such governing authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965."

(45) That the Senate recedes from its position in disagreeing to House amendment No. 70.

(46) That the Senate recedes from its position in disagreeing to House amendment No. 71.

(47) That the House recedes from its position as set out in House amendnient No. 75.
(48) That the House and the Senate recede from their respective positions on House amendment No. 76 and adopt in lieu thereof the following:

By striking Subsection (a) of Section 34-1707 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:

"(a) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue, which under other laws of this State, the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be

MONDAY, JUNE 22, 1964

719

impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases."

(49) That the Senate recedes from its position in disagreeing to House amendment No. 79.

(50) That the House recedes from its position as set out in House amendment No. 80.

(51) That the House and the Senate recede from their respective positions on House amendment No. 87 and adopt in lieu thereof the following:

By striking Subsection (a) of Code Section 34-1920 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:

"(a) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; or,".

(52) That the House recedes from its position as set out in House amendment No. 88.

(53) That the Senate recedes from its position in disagreeing to House amendment No. 92.

(54) That the Senate recedes from its position in disagreeing to House amendment No. 93.

(55) That the Senate and the House adopt the following:

By adding after Code Section 34-1937 new Code Sections to be known as Code Section 34-1938 and 34-1939 to read as follows:

"Section 34-1938. Unauthorized Campaign Activities. Any per son who violates any provision of Code Section 34-1307 shall be guilty of a misdemeanor."

"Section 34-1939. Count and return of votes. Any poll officer who shall count any votes before the close of the polls or before the last person has voted, whichever occurs later in point of time, on the day of any primary or election shall be guilty of a misde meanor."

By renumbering the subsequent Sections accordingly.
(56) That the House and the Senate recede from their respective positions on House amendment No. 94 and adopt the following in lieu thereof:
By striking newly numbered Section 34-1940 in its entirety and by inserting in lieu thereof a new Section to read as follows:

720

JOURNAL OF THE SENATE,

"Section 34-1940. Punishment for felonies. Each person con victed of a crime declared to be a felony under the provisions of this Code shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00) or imprisonment of not less than one year nor more than three years or both in the discretion of the trial court; or may be punished as for a misdemeanor in the discretion of the trial court."

(57) That the Senate and the House recede from their respective positions on House amendment No. 95 and adopt in lieu thereof the following:

By striking newly numbered Section 34-1941 in its entirety and by inserting in lieu thereof a new Section to read as follows:

"Section 34-1941. Punishment for misdemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate in stitution under the jurisdiction of the State Board of Corrections not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge."

(58) That the House and the Senate adopt the following:

By striking from Subsection (a) of Section 34-2001 the last sentence which reads as follows: "Provided, however, nothing contained herein shall be construed to repeal Code Section 34-2301 relating to Congress ional Districts and said Code Section shall remain of full force and effect."

(59) That the House and the Senate adopt the following:

By striking Subsection (at) of Section 34-2001 in its entirety and by inserting in lieu thereof a new Subsection (at) to read as follows:

(at) An Act providing for absentee voting by the military, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended; provided, however, nothing herein shall be construed so as to repeal Paragraph 2 of Section 8 of this Act, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, E. S. Sept.-Oct., p. 13). Said Paragraph 2 of Section 8 shall be retained in full force and effect until January 1, 1965, at which such time said Section shall be automatic ally repealed and shall be null, void and of no force and effect;".

(60) That the House and the Senate recede from their respective positions on House amendment No. 96 and adopt the following in lieu thereof:

MONDAY, JUNE 22, 1964

721

"Section 34-2004. Express retentions, (a) Code Section 34-2301 relating to the Congressional Districts and the composition thereof so as to designate the counties and portions thereof which shall compose the Congressional Districts of this State, as amended by an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) is expressly retained and shall not be construed as being repealed by the provisions of this Code. Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled 'Chapter 34-18. Congressional Districts.', and such Chapter is hereby made a part of this Code and is hereby inserted between Chapters 34-17 and 34-19 of this Code.

(b) That Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) relating to the composition of the Congressional Districts of this State is hereby expressly retained in full force and effect.

(c) Paragraph 2 of Section 8 of an Act providing for absentee voting by the military approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, E. S. Sept.-Oct., p. 13) shall not be construed as being repealed by the provisions of this Code but shall remain of full force and effect until January 1, 1965, at which such time said Section shall be automatically repealed and shall be null, void and of no force and effect."

(61) That the Senate and the House adopt the following:

By striking the first sentence of Section 34-624 and by inserting in lieu thereof a new sentence to read as follows:

"Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election."

Respectfully submitted,

By: Carlton of the 21st Rowan of the 8th Gillis of the 20th

On behalf of the Senate

By: George D. Busbee Hale of Dade George T. Bagby On behalf of the House

722

JOURNAL OF THE SENATE,

Senator Carlton of the 21st moved that the Senate disagree to the report of the Committee of Conference and respectfully asked that the Committee of Con ference be discharged and a third Committee of Conference be appointed.

The motion prevailed, and the president appointed as a third Committee of Conference on the part of the Senate the following:

Senators Carlton of the 21st, Gillis of the 20th and Rowan of the 8th.

The following resolution was read:

SR 43. By Senators Spinks of the 9th, Smith of the 18th, Scott of the 25th, Pennington of the 45th, Zorn of the 6th, Oliver of the 4th, Byrd of the 17th and Carter of the 14th:
A resolution requesting the two United States senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases: and for other purposes.

Senator Downing of the 1st moved that SR 43 be tabled.

On the motion, the ayes were 12, nays 28, and the motion was lost.

On the adoption of the resolution, Senator Rowan of the 8th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Byrd Carlton Carter Ellis Fincher Gayner Gillis Gordy Harrison Heard Holloway

Hunt Jackson Kendrick Kidd Knox Lee Logging Moore McKinnon Noble Oliver

Pelham Rowan Scott Smith Spinks Thomas Tribble Webb Yancey Young Zorn

MONDAY, JUNE 22, 1964

723

Those voting in the negative were Senators:

Brewer Brown, of 34th Coggin Conway Downing

Johnson, of 42nd Johnson, of 38th Maclntyre Phillips Salome

Searcey Smalley Wesbery

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 33, nays 13.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has disagreed to the report of the second conference committee on the following bill of the Senate:
SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, and others: A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.
On the part of the House the Speaker has appointed the following to serve as members of the third conference committee:
Busbee of Dougherty. Hale of Dade. Bagby of Paulding.
The following resolution was read: SR 39. By Senator Conway of the 41st:
A resolution requesting the State Highway Department to prepare a brief and factual report for members of the Senate.

724

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 6, nays 35, and the resolution was lost.

The following resolution was read the third time, and put upon its passage:

SR 37. By Senator Yancey of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide the procedure for the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section I of Article XI of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"No municipality, the major portion of which is located outside the territorial limits of Cobb County, may incorporate any territory located within the boundaries of Cobb County without the approval of a majority of the qualified voters of Cobb County voting in an election held on that question."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide the procedure for the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County.
"Against ratification of amendment to the Constitution so as to provide the procedure for the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons

MONDAY, JUNE 22, 1964

725

desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to assertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Kendrick of the 32nd moved that SR 37 be postponed until June 23, 1964.

The motion prevailed.

The following resolutions were read and adopted:

SR 44. By Senators Holloway of the 12th, Ellis of the 44th, Conway of the 41st and Plunkett of the 30th:
A resolution relative to the reapportionment of the House of Representa tives; and for other purposes.

SR 4B. By Senators Webb of the llth, Broun of the 46th, Loggins of the 53rd, Lee of the 47th and McKinnon of the 7th:
A resolution commending the Honorable J. B. Fuqua; and for other purposes.

SR 46. By Senators Webb of the llth, Jackson of the 16th, Broun of the 46th, Hall of the 52nd, Holloway of the 12th, Owens of the 49th and many others:
A resolution commending Honorable Clinton Oliver, senator from the 4th District; and for other purposes.
SR 47. By Senators Webb of the llth, Jackson of the 16th, Broun of the 46th, Hall of the 52nd, Holloway of the 12th and Owens of the 49th:
A resolution commending Honorable Glenn Pelham; and for other pur poses.

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JOURNAL OF THE SENATE,

SR 48. By Senators Webb of the llth, Broun of the 46th, Loggins of the 53rd, Carter of the 14th, Jackson of the 16th and many others:
A resolution commending the Honorable Harold Harrison; and for other purposes.

SR 49. By Senators Webb of the llth, Broun of the 46th, Loggins of the 53rd, Maclntyre of the 40th, Hunt of the 26th and many others:
A resolution commending the Honorable Zell Miller; and for other pur poses.

SR 50. By Senators Webb of the llth, Broun of the 46th, Loggins of the 53rd, McKinnnon of the 7th, Lee of the 47th and Noble of the 19th:
A resolution commending Honorable W. A. (Wyck) Knox; and for other purposes.
A RESOLUTION
Commending Honorable W. A. (Wyck) Knox; and for other pur poses.
WHEREAS, Honorable W. A. (Wyck) Knox has served in the Senate of the State of Georgia as Senator from the 24th District for the 1963-64 term of the General Assembly; and
WHEREAS, during his term of office Senator Knox has served his constituents and the State of Georgia with honor and distinction; and
WHEREAS, Senator Knox has at all times endeavored to promote the welfare of the citizens of the State of Georgia, as well as the citizens of his Senatorial District; and
WHEREAS, Senator Knox has announced that he would not offer for reelection to the Senate from the 24th Senatorial District; and
WHEREAS, the presence of this distinguished member will be missed by all the members of the Senate; and
WHEREAS, it is only proper that Senator Knox be commended for his service to his constituents and to the people of the State of Georgia while serving as a member of the Senate of the State of Georgia .
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Honorable W. A. (Wyck) Knox, Senator from the 24th State Senatorial District, is hereby commended for his diligent and outstanding service as a member of the Senate of the State of Georgia.

MONDAY, JUNE 22, 1964

727

BE IT FURTHER RESOLVED that the members of this body do hereby declare that the presence of the distinguished Senator from the 24th District will be sorely missed in the Senate.

BE IT FURTHER RESOLVED that the members of this body do hereby wish the Honorable W. A. (Wyck) Knox every success in all his future endeavors.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the Senate as evidence of the esteem and appreciation of this body for the distinguished Senator from the 24th District.

BE IT FURTHER RESOLOVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable W. A. (Wyck) Knox, Senator from the 24th State Senatorial District.

SR 51. By Senators Webb of the llth, Phillips of the 27th, Thomas of the 54th, Yancey of the 33rd and many others: A resolution commending Honorable Garland T. Byrd; and for other purposes.
A RESOLUTION
Commending the Honorable Garland T. Byrd; and for other purposes.
WHEREAS, Honorable Garland T. Byrd, Senator from the 17th District, has announced that he would not offer for reelection to the Senate; and
WHEREAS, Senator Byrd was a member of the House of Represen tatives from Taylor County from 1947 to 1949; and
WHEREAS, Senator Byrd served as Lieutenant Governor for the State of Georgia from 1959 to 1963; and
WHEREAS, Senator Byrd has served the people of the State of Georgia and Taylor County with distinction during his years as Rep resentative in the House, Lieutenant Governor and Senator; and
WHEREAS, Senator Byrd is highly respected by all members of the Senate of the State of Georgia; and
WHEREAS, the presence of this distinguished Senator will be greatly missed throughout the halls of the Senate; and
WHEREAS, it is only proper that Senator Byrd be commended for his many years of distinguished and meritorious public service.

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JOURNAL OF THE SENATE,

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that Senator Garland T. Byrd, a distinguished member of the Senate of the State of Georgia from the 17th District, is hereby commended for his many years of distinguished and outstanding service as an elected public official.

BE IT FURTHER RESOLVED that the members of this Senate do hereby wish the Honorable Garland T. Byrd every success in all his future undertakings.

BE IT FURTHER RESOLVED that the Senate does hereby declare that the leadership and advice of Honorable Garland T. Byrd will be forever missed in the Senate of the State of Georgia.

BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the Journal of the Senate as evidence of the esteem and appreciation of this body for the distinguished Senator from the 17th District.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Garland T. Byrd, Senator of the 17th District.

SR 54. By Senators Noble of the 19th and Lee of the 47th:
A resolution relative to Honorable Rupert L. Murphy; and for other purposes.

SR 52. By Senator Rowan of the 8th:
A resolution relative to the Georgia Sheriffs Boys' Ranch; and for other purposes.

SR 53. By Senators Gillis of the 20th and Hall of the 52nd:
A resolution creating a committee to study means for promoting coopera tion and coordination between the State Department of Health and the State Department of Corrections; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted the report of the third committee of conference on the following bill of the Senate:

MONDAY, JUNE 22, 1964

729

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th, and others:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering the report of a third Committee of Conference thereto:

SB 1. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th and others:
A bill to provide a comprehensive revision of the election and primary laws and all related laws of this State; and for other purposes.

The report of the Committee of Conference was as follows:
THIRD CONFERENCE COMMITTEE REPORT
ON SENATE BILL NO. 1
The Conference Committee on Senate Bill No. 1 adopts the following report:
(1) The Senate recedes from its position in disagreeing to House amendments numbers 2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 18, 19, 21, 22, 25, 26, 32, 36, 38, 41, 46, 49, 52, 53, 54, 55, 67, 68, 72, 73, 74, 77, 78, 81, 82, 83, 84, 85, 86, 89, 90 and 91.
(2) That the Senate recedes from its position in disagreeing to House amendment No. 1.
(3) That the House and the Senate recede from their respective positions on House amendment No. 7 and adopt in lieu thereof the following:
By striking from Section 34-105 the words "day prior to such full number of days" and by inserting in lieu thereof the words "last day".
(4) That the House and the Senate recede from their respective positions on House amendment No. 8 and adopt in lieu thereof the following:
By striking Section 34-107 in its entirety and by inserting in lieu thereof the following:
"Section 34-107. Person convicted of certain crimes not to be eligible for nomination or election to public office or serve as prim-

730

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ary or election official. No person shall be eligible for party nomi nation for or election to public office or shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as an ordinary, registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. In the event of disqualification of the ordinary, as above set forth, the Clerk of the Superior Court shall act in his stead."

(5) That the House and the Senate recede from their respective positions on House amendment No. 9 and adopt in lieu thereof the following:

By striking Chapter 34-2 in its entirety and by inserting in lieu thereof a new Chapter to read as follows:

"Chapter 34-2. State Election Board.

Section 34-201. Creation; seal; by-laws; advisers; meetings of Board; minutes of meetings, (a) There is hereby created a State Board to be known as the 'State Election Board' to be composed of the Secre tary of State, an elector to be elected by a majority vote of the Senate of the General Assembly, and an elector to be elected by a majority vote of the House of Representatives of the General Assmbly. The members to be elected by the respective Houses of the General Assembly shall serve a term of two years, said term to be concurrent with the terms of the members of the House of Representatives, and shall serve until their successors are duly elected and qualified. The elected mem bers of the Board shall be subject to being removed at any time during their term by a majority vote of the House by which they were elected. No person while a member of the General Assembly shall serve as a mem ber of the Board. If this Board should become effective at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to serve on the Board until the next session of the General Assembly, at which time an elector shall be elected by the House. In the event a vacancy should occur or exist in the office of an elected or appointed member of the Board at a, time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the Senate or appointed by the President of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the unexpired term of such member if the prior member was elected by the members of the House of Representatives or appointed by the Speaker of the House of Representatives. Any member appointed to

MONDAY, JUNE 22, 1964

731

fill any unexpired term shall serve until the next session of the General Assembly after his appointment, at which time new members shall be elected as hereinbefore provided. The Secretary of State shall be the Chairman of the Board. Two members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of qualified members to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use, and by-laws for its own government and procedure.

(b) The State executive committee of each political party shall have the privilege of from time to time appointing a member of its party to act as an adviser to the Board. Such committee shall certify each ap pointment in writing to the Chairman of the Board which shall remain in effect until rescinded or superseded by later appointment. At each meeting, the Board shall consult with and receive the advice of each adviser present upon the matters under consideration, provided, however, that an adviser shall have no vote nor otherwise exercise any control over the Board in the exercise of its powers or in the performance of its duties under this Code. An adviser shall receive no compensation from public funds.

(c) Meetings shall be held whenever necessary for the performance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give each member of the Board and to each adviser prior notice of the time and place of each meeting of the Board.

Section 34-202. Duties of the Board. It shall be the duty of the State Eelction Board:

(a) To so coordinate the work of the Secretary of State, the ordinaries, the poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and honesty in all elec tions.

(b) To formulate, adopt and promulgate such rules and regula tions, consistent with law, as will be conducive to the fair, legal and orderly conduct of elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary, provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated.

(c) To publish and furnish to election officials, from time to time, a sufficient number of indexed copies of all rules and regulations adopted by the Board.

(d) To investigate when necessary or advisable the administration of election laws, and frauds and irregularities in elections and to report violations of the election laws to the appropriate solicitor-general for further investigation and prosecution. The findings of such an investi-

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gation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein.

(e) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections; and

(f) To employ such assistants as may be necessary.

Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board.

(a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to com pel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection there with including the right to seek such relief for any anticipatory breach.

(b) Any petition seeking any of the relief authorized in subsection (a) above shall be filed in the superior court of the residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal con duct, and all proceedings shall be heard and presided over by that judge of the superior court of a judicial circuit adjoining that in which such county is located who is senior in time of service, and in case of dis qualification of such judge or in the event of the refusal of such judge to act, by that judge who is next senior in time of service. In the event any temporary order is sought, the petition may be presented to such judge prior to its filing for consideration of the application for such order.

(c) In the event, in the opinion of the judge presiding o^er such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Elec tion Board.

(d) Upon any action being filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tab ulation or certification of any election or primary, except those instituted by the State Election Board, the State Election Board shall be served with a copy of the proceeding, by serving the same on the Chairman thereof by mailing a copy to the Chairman by certified or registered mail, and a certificate that such service has been made shall be filed by the plaintiff or his attorney.

MONDAY, JUNE 22, 1964

733

(e) Any verdict, judgment, decree, order, ruling or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof by direct bill of exceptions as provided by law. It shall be the duty of the proper appellate court to consider appli cation for stays or supersedeas in such cases without regard to whether any bill of exceptions has been certified or the record docketed in such cases.

Section 34-204. Evidence; hearing; witness in contempt. The State Election Board may examine on oath any person concerning any matter connected with or bearing on the proper discharge of its duties, and any member of the Board may administer such oath. The Board shall have full power to send for persons and papers, and to compel the witnesses to answer under oath touching any questions which may properly come before the Board and to take, through its agent, the depositions of wit nesses. The Board, in investigating the administration of primary and election laws within a county or any frauds or irregularities in pri maries and elections held therein, shall conduct each hearing concern ing same at a place within such county. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the Board may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the Board, shall serve all processes issued by the Board, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forthwith by the Board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for con tempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court.

Section 34-205. Compensation of Members of Board. Each member of the State Election Board shall receive a per diem of $25.00 for each day spent in the work of the Board and shall receive his necessary traveling, food and lodging expenses incurred in the performance of his duty, to be paid by the Secretary of State; provided, however, that the Chairman of the Board shall receive no per diem."

(6) That the House recedes from its poistion on House amendment No. 10.

(7) That the House recedes from its position on House amendment No. 12.

(8) The House and the Senate recede from their respective positions on House amendment No. 17 and adopt the following in lieu thereof:

By striking the title of Section 34-603, and by striking Subsection (a) of Section 34-603 and inserting in lieu thereof the following:

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"Section 34-603. County registrars; designation; appointment; terms of office; compensation; duties of chief registrar; appoint ment in counties of over 500,000 in population.

"(a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of such county, three judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of six such electors and the appointments shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge shall designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appoint ments and designation to the Secretary of State, within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and quali fied, except in the event of resignation or removal as hereinafter provided. Such judge shall have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by sub mitting a resignation to such judge. In the event of any such re moval or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or res ignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelli gent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided."

(9) That the Senate recedes from its position in disagreeing to House amendment No. 20.
(10) That the House and the Senate recede from their respective positions on House amendment No. 23 and adopt in lieu thereof the following:
By striking from the title of Code Section 34-611 the words "fortyfive" and by inserting the word "fifty".
By striking from Code Section 34-611 the words "forty-sixth" and by inserting in lieu thereof the words "fifty-first".

MONDAY, JUNE 22, 1964

735

(11) That the Senate recedes from its position in disagreeing to Housa amendment No. 24.

(12) That the House and the Senate recede from their respective positions on House amendment No. 27 and adopt the following in lieu thereof:

By striking the words "forty-five" in all places they appear in Code Section 34-625 and by inserting in lieu thereof the word "fifty" in all such places.

(13) That the Senate recedes from its position in disagreeing to House amendment No. 28.

(14) That the Senate and the House recede from their respective positions on House amendments Nos. 29 and 30, and adopt the following in lieu thereof:

By striking Subsection (b) of Section 34-629 and by inserting in lieu thereof a new Subsection (b) to read as follows:

"(b) In any election held in an election district (not contain ing the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed thereon, then the polling place in such district shall not be established and the registrars shall furnish to the managers of the polling place in the election district containing the county courthouse the list of electors of such district in which no polling place is established, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county courthouse, under the same rules that would have governed if a polling place had been established in their district."

(15) That the House recedes from its position as set out in House amendment No. 31.

(16) That the House and the Senate recede from their respective positions on House amendment No. 33 and adopt in lieu thereof the following:

By striking Section 34-705 and inserting in lieu thereof a new Section to read as follows:

"Section 34-705. Polling places to be selected by Ordinary, (a) The ordinary shall select and fix the polling place within each election district and may, either on his own motion or on petition of ten electors of an election district, change the polling place within any election district. Except in case of an emergency or unavoidable event occurring within ten days of a primary or elec tion, which renders any polling place unavailable for use at such primary or election, the ordinary shall not change any polling place

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until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof, and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place, or his agent.

(b) Except in case of emergency or unavoidable event, occur ring within ten days of a primary or election, which renders any polling place unavailable for use. if a petition be presented to the ordinary on or before the day set for hearing of the petition for change of a polling place, signed by twenty per cent of the electors of the district, objecting to the proposed change, such change shall not be ordered.

(c) Anything in this Code to the contrary notwithstanding, the ordinary in selecting and fixing the polling places within each election district shall fix separate polling places for each party con ducting a primary in accordance with Code Section 34-801. This Sub section shall not become effective until January 1, 1965."

(17) That the Senate recedes from its position in disagreeing to House amendment No. 34.

(18) That the Senate recedes from its position disagreeing to House amendment No. 35.

(19) That the House recedes from its position as set out in House amendment No. 37.

(20) That the House and Senate adopt the following:

By striking from Subsection (a) of Code Section 34-901 the word "thirty" and by inserting in lieu thereof the word "sixty".

(21) That the House recedes from its position as set out in House amendment No. 39.

(22) That the Senate recedes from its position in disagreeing to House amendment No. 40.
(23) That the House and the Senate adopt the following:
By striking Subsections (b) and (c) of Section 34-904 and by in serting in lieu thereof new Subsections (b) and (c) to read as follows:
"(b) During the period of thirty days following the filing of such petition, the State executive committee shall make such in vestigation and shall take such other action as is necessary to determine the merits of the petition. If the State committee deter mines that an investigative hearing is warranted, it shall conduct such hearing and shall give prior notice of the time and place thereof to all interested parties. Any witness attending the hearing shall be sworn prior to testifying.

MONDAY, JUNE 22, 1964

737

(c) On or before the thirtieth day after the filing of such petition, the State committee shall either render a report to the petitioner containing its findings as to whether fraud or irregulari ty existed in such primary, or shall issue an order denying the petition; and a copy of same shall be filed with the chairman of the county executive committee. A copy of any such report, which contains findings of substantial fraud or irregularity, shall be filed by the State committee with the solicitor-general and the grand jury of the county involved; and the State committee shall also make available to them any evidence in its possession which supports such findings."

By striking from Subsection (d) of Code Section 34-904 the word "twenty" and by inserting in lieu thereof the word "thirty".

(24) That the Senate recedes from its position in disagreeing to House amendment No. 42.

(25) That the House and the Senate adopt the following:

By striking the words "forty-five" in both places where they appearin Subsection (b) of Code Section 34-1001 and by inserting in lieu there of in both such places the word "thirty" and by striking the words "sixty-five" in said Subsection (b) of Code Section 34-1001 and by inserting in lieu thereof the word "fifty".

(26) That the House and the Senate recede from their respective positions on House amendment No. 43, and adopt the following in lieu thereof:

By striking the last sentence contained in Section 34-1002 and by inserting in lieu thereof a new sentence to read as follows: "The pro visions of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidates shall be governed by the county executive committee rules in any such primaries and in accordance with any local act establishing such governing authority in the case of said election; and this sentence shall be automatically effective Jaunary 1, 1965."

(27) That the Senate and the House recede from their respective positions on House amendments No. 44 and 45, and adopt in lieu thereof the following:

By striking Code Section 34-1006 in its entirety and by inserting in lieu thereof a new Code Section 34-1006 to read as follows:

"Section 34-1006. Qualification of Candidates. All candidates for party nomination or party office in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates shall qualify at least forty-five days prior to its date, and in the case of a special pri mary, at least fifteen days prior to its date; and a party shall fix

JOURNAL OF THE SENATE,
no other qualification deadline. The preceding sentence shall not apply to the qualification of candidates seeking party nomination in any general primary to be held on September 9, 1964, or in any primary held prior to the said date, and upon the holding of the last of such general primaries this sentence shall be automatically repealed."
(28) That the Senate and the House adopt the following:
By striking from Subsection (a) of Section 34-1007 the words "es tablished by the ordinary or ordinaries" and by inserting in lieu thereof the words "in each election district".
(29) That the House and the Senate recede from their respective positions on House amendment No. 47 and adopt in lieu thereof the following:
By striking from Subsection (c) of Code Section 34-1010 the follow ing: ", and shall also add the name of his election district, if known".
(30) That the Senate recedes from its position in disagreeing to House amendment No. 48.
(31) That the House and the Senate recede from their respective positions on House amendment No. 50, and adopt the following in lieu thereof:
By striking from the last sentence of Section 34-1104 the word "back" in both places where it appears and by inserting in lieu thereof the word "front".
By adding at the end of said Section a new sentence to read as follows: "The number strip on the ballot shall also have the following words printed thereon; 'Tear off before depositing ballot in ballot box'."
(32) That the House and the Senate recede from their respective positions on House amendment No. 51 and adopt in lieu thereof the following:
By adding a new sentence at the end of Code Section 34-1105 to read as follows: "Upon receiving any such request, said official shall deter mine whether the surnames of the candidates are of such a similar nature as to warrant printing the occupation or residence of any such candidate on the ballot, and the decision of such official be conclusive."
(33) That the Senate recedes from its position in disagreeing to House amendment No. 56.
(34) That the Senate recedes from its position in disagreeing to House amendment No. 57.
(35) That the House recedes from its position as set out in House amendment No. 58.

MONDAY, JUNE 22, 1964

739

(36) That the Senate recedes from its position in disagreeing to House amendment No. 59.

(37) That the Senate recedes from its position in disagreeing to House amendment No. 60.

(38) That the House and the Senate recede from their respective positions on House amendment No. 61 and adopt in lieu thereof the following:

By striking Subsection (d) of Section 34-1316 in its entirety and by substituting in lieu thereof a new Subsection to read as follows:

"(d) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged' shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked
'challenged'."

(39) That the House and the Senate recede from their respective positions on House amendment No. 62 and adopt in lieu thereof the following:

By striking Code Section 34-1317 in its entirety and by inserting in lieu thereof the following:

"Section 34-1317. Assistance in Voting, (a) No elector shall receive any assistance in voting at any primary or election: Unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the electors list, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers .are satisfied that he still suffers therefrom. Before an elector shall be permit ted to receive assistance, he shall take an oath which shall be ad ministered to him and placed in writing by a manager, giving the reason why he required assistance. The name of each person assist ing the elector shall be endorsed on the oath.

(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector except a poll officer who is a resident of the election district in which the elector requiring assist ance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting.

740

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such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the regis trars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection."

(40) That the Senate and the House recede from their respective positions on House amendment No. 63, and that the following be adopted in lieu thereof:

By striking the first sentence of Subsection (a) of Section 34-1321 in its entirety and by inserting in lieu thereof the following: "After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take there from all ballots contained therein."

(41) That the House and the Senate recede from their respective positions on House amendment No. 64, and adopt in lieu thereof the following:
By striking the second sentence of Subsection (b) of Section 341405 in its entirety.
(42) That the House and the Senate recede from their respective positions on House amendment No. 65 and adopt in lieu thereof the following:
By adding a new Subsection to Code Section 34-1406 to be known as Subsection (c) to read as follows:
"(c) Anything in this Code to the contrary notwithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for the purpose of voting an absentee ballot which he has received on the ground of physical disability."
(43) That the House recedes from its position as set out in House amendment No. 66.

(44) That the House and the Senate recede from their respective positions on House amendment No. 69 and adopt in lieu thereof the following:

By striking the last sentence of Code Section 34-1514 and by insert ing in lieu thereof a new sentence to read as follows: "The provisions

MONDAY, JUNE 22, 1964

741

of this Section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidates shall be nominated in the manner prescribed by the rules of the county executive committee of his county in the caseof a primary, and by the provisions of any local act establishing such governing authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965."

(45) That the Senate recedes from its position in disagreeing to House amendment No. 70.

(46) That the Senate recedes from its position in disagreeing to House amendment No. 71.

(47) That the House recedes from its position as set out in House amendment No. 75.

(48) That the House and the Senate recede from their respective positions on House amendment No. 76 and adopt in lieu thereof the following:

By striking Subsection (a) of Section 34-1707 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:

"(a) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue, which under other laws of this State, the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases."

(49) That the Senate recedes from its position in disagreeing to House amendment No. 79.

(50) That the House recedes from its position as set out in Houseamendment No. 80.

(51) That the House and the Senate recede from their respective positions on House amendment No. 87 and adopt in lieu thereof the. following:

By striking Subsection (a) of Code Section 34-1920 in its entirety and by inserting in lieu thereof a new Subsection (a) to read as follows:

"(a) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; or,".

(52) That the House recedes from its position as set out in House amendment No. 88.

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(53) That the Senate recedes from its position in disagreeing to House amendment No. 92.

(54) That the Senate recedes from its position in disagreeing to House amendment No. 93.

(55) That the Senate and the House adopt the following:

By adding after Code Section 34-1937 new Code Sections to be known as Code Section 34-1938 and 34-1939 to read as follows:

"Section 34-1938. Unauthorized Campaign Activities. Any per son who violates any provision of Code Section 34-1307 shall be guilty of a misdemeanor."

"Section 34-1939. Count and return of votes. Any poll officer who shall count any votes before the close of the polls or before the last person has voted, whichever occurs later in point of time, on the day of any primary or election shall be guilty of a misde-

By renumbering the subsequent Sections accordingly.
(56) That the House and the Senate recede from their respective positions on House amendment No. 94 and adopt the following in lieu thereof:
By striking newly numbered Section 34-1940 in its entirety and by inserting in lieu thereof a new Section to read as follows:
"Section 34-1940. Punishment for felonies. Each person con victed of a crime declared to be a felony under the provisions of this Code shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00) or imprisonment of not less than one year nor more than three years or both in the discretion of the trial court; or may be punished as for a midemeanor in the discretion of the trial court."
(57) That the Senate and the House recede from their respective positions on House amendment No. 95 and adopt in lieu thereof the following:
By striking newly numbered Section 34-1941 in its entirety and by inserting in lieu thereof a new Section to read as follows:
"Section 34-1941. Punishment for midemeanors. Each person convicted of a crime declared to be a misdemeanor under the pro visions of this Code shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), confinement in the county jail or other place of imprisonment not to exceed six months, to work on the public works in such public works camp or other appropriate institution under the jurisdiction of the State Board of Corrections

MONDAY, JUNE 22, 1964

743

not to exceed twelve months, any one or more of these punishments in the discretion of the trial judge."
(58) That the House and the Senate adopt the following:
By striking from Subsection (a) of Section 34-2001 the last sen tence which reads as follows: "Provided, however, nothing contained herein shall be construed to repeal Code Section 34-2301 relating to Congressional Districts and said Code Section shall remain of full force and effect."
(59) That the House and the Senate recede from their respective positions on House amendment No. 96 and adopt the following in lieu thereof:
"Section 34-2004. Express retentions. (a) Code Section 34-2301 relating to the Congressional Districts and the composition thereof so as to designate the counties and portions thereof which shall compose the Congressional Districts of this State, as amended by an Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) is expressly retained and shall not be construed as being repealed by the provisions of this Code. Such Code Section 34-2301 is hereby redesignated as Section 34-1801 and placed in a chapter entitled 'Chapter 34-18. Congressional Districts.', and such Chapter is here by made a part of this Code and is hereby inserted between Chap ters 34-17 and 34-19 of this Code.
(b) That Act approved March 13, 1964 (Ga. Laws 1964, pp. 478-481) relating to the composition of the Congressional Districts of this State is hereby expressly retained in full force and effect." (60)That the Senate and the House adopt the following: By striking the first sentence of Section 34-624 and by inserting in
lieu thereof a new sentence to read as follows:
"Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election."
Respectfully submitted, By: Carlton of the 21st
Rowan of the 8th Gillis of the 20th
On behalf of the Senate
By: Hale of Dade Bagby of Paulding Busbee of Dougherty On behalf of the House

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Senator Carlton of the 21st moved that the Senate adopt the report of the third Committee of Conference to SB 1, and the motion prevailed.

On the adoption of the report, the ayes were 47, nays 0, and the report of the third Committee of Conference was adopted.

The following local resolution, favorably reported by the committee, was read the third time, and put upon its passage.

HE 88. By Messrs. Dicus, Jones and Pickard of Muscogee:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt per sonal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"All personal clothing and effects, household furniture, furnish ings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County is hereby exempt from all State and county ad valorem taxation."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnish-

MONDAY, JUNE 22, 1964

745

ings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation.

"Against ratification of amendment to the Constitution so as to exempt personal clothing and effects, household furniture, fur nishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Byrd Carlton Coggin Fincher Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 38th Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon

Noble Oliver Owens Rowan Salome Smith Spinks Thomas Tribble Wesberry Young Zorn

Those voting in the negative were Senators:

Conway Downing

Johnson of 42nd McWhorter

Phillips Smalley

By unanimous consent, verification of the roll call was dispensed with.

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On the adoption of the resolution, the ayes were 36, nays 6.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SR 43. Respectfully submitted, Pelham of the 10th District, Chairman.

The following resolution was read:

HR 115. By Mr. Watson of Pike: A resolution urging the President of the United States to include within his program of war on poverty the development of the Chattahoochee and Flint River basins; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
Amend HR 115 by striking the word "Savannah" and inserting in lieu thereof the word "Ocmulgee-Altamaha" in the penultimate para graph thereof.

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

Senator Maclntyre of the 40th offered the following amendment:
Amend HR 115 by striking from line 2 the words "of war on pover ty" and by striking lines 4, 5 and 6.

MONDAY, JUNE 22, 1964

747

On the adoption of the amendment, the ayes were 32, nays 1, and the amend ment was adopted.

The resolution was adopted as amended.

Senator Smalley of the 28th asked unanimous consent that HR 115 be immediately transmitted to the House.

The consent was granted.

Senator Holloway of the 12th moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia, Tuesday, June 23, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by Dr. William M. Suttles, pastor, Haralson Baptist Church, Haralson, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Senator Gordy of the 15th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed as amended the following bill of the Senate to-wit:

SB 15. By Senator Harrison of the 48th:
A bill to amend an act providing and establishing a new charter for the City of Winder, so as to provide that the mayor shall not be eligible for re-election to the office of mayor after expiration of a four term until a period of two years shall have elapsed; and for other purposes.

TUESDAY, JUNE 23, 1964

749

The House has adopted the following resolution of the Senate to-wit:

SR 43. By Senators Spinks of the 9th, Smith of the 18th, Scott of the 25th, and others:
A resolution requesting the two United States Senators from Georgia to introduce legislation to limit the jurisdiction of the Federal Courts in certain cases; and for other purposes.

The House has agreed to the Senate amendment to the following resolution of the House:

HR 63. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to clarify certain provisions relative to the Moultrie-Colquitt County Development Authority insofar as the extent of the Authority's opera tions are concerned; and for other purposes.

The following bill was introduced, read the first time, and referred to committee:

SB 18. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and Wesberry of the 37th:
A bill to provide for a convention of the people of Georgia for the purpose of revising, amending or changing the Constitution of this State; to provide the procedure connected therewith; to provide for the submission of any proposed revision, amendment or change in the Constitution; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary had had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 73. Do Pass, as Amended. Respectfully submitted, Smalley of 28th District, Chairman.

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Mr. Rowan of the 8th District, Secretary of the Committee on Rules sub mitted the following report:

Mr. President:

Your Committee on Rules had had under consideration the following reso lution of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 32. Do Pass, as Amended.
SR 28. Do Pass.
Respectfully submitted,
Rowan of 8th District,
Secretary.

Mr. Brown of the 34th District Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments had had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 58. Do Pass, by Substitute. Respectfully submitted, Brown of 34th District, Chairman.

The following local bills and resolution favorably reported by the committees, were read the third time, and put upon their passage:

HB 58. By Mr. Barber of Jackson:
A bill to create and establish the Jackson County Airport Authority; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an Act to create and establish the Jackson County Airport Authority and to authorize such Authority to acquire, con struct, equip, maintain, operate, own and improve airports and landing

TUESDAY, JUNE 23, 1964

751

fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority, including, but not limited to, earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the County of Jackson shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of re funding bonds, securities or other obligations; to provide that such bonds, securities or other obligations be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq.), as amended; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Short Title--This Act may be cited as the "Jackson County Airport Authority Act".

Section 2. Jackson County Airport Authority--There is hereby created a body corporate and politic to be known as the Jackson County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority of the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority.
Section 3. Membership--The Jackson County Airport Authority shall be composed of five members who shall be appointed as herein provided. Member Number one of this Authority shall be M. M. Bryan, Jr., who shall serve as a member of the Authority from the effective date of this Act until December 31, 1969, and until his successor shall have been duly appointed and qualified. Thereafter Member Number one shall be named by the Board of Commissioners of Roads and Rev enues of Jackson County to serve for a term of five years, ending

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December 31, 1974 and until the successor shall have been duly ap pointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Member Number two of this Authority shall be J. H. Makemson, who shall serve as a member of the Authority from the effective date of this Act until December 31, 1969, and until his successor shall have been duly appointed and qualified. Thereafter Member Number two shall be named by the Board of Commissioners of Roads and Rev enues of Jackson County to serve for a term of five years, ending December 31, 1974, and until his successor shall have been duly ap pointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member Number three of this Authority shall be named by the Board of Commissioners of Roads and Revenues of Jackson County to serve until December 31, 1967, and until his successor shall have been duly appointed and quali fied. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member Number four of this Authority shall be named by the Mayor and Council of Jefferson, Georgia, to serve until December 31, 1967, and until his successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified. Upon the effective date of this Act, Member Number five of this Authority shall be named by the Mayor of Commerce, Georgia, to serve until December 31, 1965, and until his successor shall have been duly appointed and qualified. All subsequent appointments shall be for a term of five years and until the successor shall have been duly appointed and qualified.

Section 4. Meeting--The Authority shall hold their first regular meeting within thirty days after the approval of this Act, and the first regular meeting of each year thereafter shall be in January. The Authority shall meet at such times as may be necessary to transact the business coming before it. At its first meeting in January of each year thereafter, the Authority shall elect one of its members as its Chairman and another member as Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on December 31st of the year in which they were elected or until their successors are elected and qualified. Three mem bers of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall not be compensated for services rendered as members; however, it is ex pressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties.

Section 5. Vacancies in Office--In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled by the appropriate appointing authority and the person so appointed shall serve for the remainder of the unexpired term.

Section 6. Definitions--As used in this Act, the following words and terms have the following meanings:

TUESDAY, JUNE 23, 1964

753

(a) The word "Authority" shall mean the "Jackson County Air port Authority" as created by the provisions of this Act.

(b) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving, and oper ation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, mainte nance and operation of such airports and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable for the operation of such airports and landing fields.

(c) The term "cost of the project" shall embrace the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authori ty, including the proceeds from any revenue bonds issued under the pro visions of this Act for any such project or projects.

(d) The terms "revenue bonds", "bonds", and "obligations", as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act.

(e) Any project shall be deemed "self-liquidating" if, in the judg ment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in con nection therewith will be sufficient to pay the cost of operating, main taining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Section 7. Powers - The Authority shall have powers:

(a) To have a seal and alter the same at pleasure;

(b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes;

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(c) To acquire in its own name by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority;

(d) To appoint, select, and employ officers, agents, and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

(e) To make contracts, leases and to execute all instruments neces sary or convenient, including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired and any and all persons, firms and corporations and any and all political subdivisions, departments, insti tutions, or agencies of the State are hereby authorized to enter into con tracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; the said Authority is further granted the authority to make contracts, leases and to execute all in struments necessary or convenient with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 21 of this Act;

(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authori ty or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;

(g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia America or any agency or instrumentality or political subdivision there of or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose;

(h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose;

(i) To borrow money for any of its corporate purposes and to exe cute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

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(j) To exercise any power usually possessed by private corpora tions performing similar functions, which is not in conflict with the Constitution and laws of this State, except the right of eminent domain;

(k) The Authority and the trustee acting under the trust indenture, are specifically authorized subject from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as pro vided in Section 2 and Section 21 hereof;

(1) To do all things necessary or convenient to carry out the powers especially given in this Act.

Section 8. Revenue Bonds - The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such pay ment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the Authority from time to time, shall be payable semi-annually, shall mature at such time or times not ex ceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may he deter mined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolu tion providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1937, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

Section 9. Form, Denominations, Registration, Place of Payment The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment or principal and interest thereof, which may be at any bank or trust com pany within or without the State. The Bonds may be issued in coupon or registered form, or both, as the Authority may determine and pro vision may be made for the registration of any coupon bond as to prin cipal alone and also as to both the principal and interest.

Section 10. Signatures, Seal - In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.

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All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary-Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secre tary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

Section 11. Negotiability, Exemption from Taxation - All revenue bonds issued under the provisions of this Act shall have and are here by declared to have all the qualities and incidents of negotiable instru ments under the negotiable instrument law of the State. Such bonds are declared to be issued for an essential public and governmental pur pose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State.

Section 12. Sale, Price - The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be-hereafter amended to permit the sale of such bonds at less than par.

Section 13. Proceeds of Bonds - The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which unless otherwise provided in the resolution authoriz ing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the is suance of the bonds or in the trust indenture.

Section 14. Interim Receipts and Certificates or Temporary Bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

Section 15. Replacement of Lost or Mutilated Bonds - The Authori ty may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

Section 16. Conditions Precedent to Issuance, Object of Issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings,

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757

conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, pro viding for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided.

Section 17. Credit not Pledged - Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Jackson County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not be directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appro priation for the payment and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

Section 18. Trust Indenture as Security - In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authori ty, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construc tion of the project, the maintenance, operation repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchases of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchases, and may also contain provi sions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indentures may contain such other provi sions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

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Section 19. To Whom Proceeds of Bonds shall be Paid - The Au thority shall, in the resolution providing for the issuance of revenue bonds or in trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide.

Section 20. Sinking Fund - The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be pro vided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancel led and shall not again be issued.

Section 21. Remedies of Bondholders - Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertain ing thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceed ings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties re quired by this Act or by such resolution or trust indenture, to be per formed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

Section 22. Refunding Bonds - The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued

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759

under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

Section 23. Validation - Bonds of the Authority shall be confirmed and validated in accordance with the procedure of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instrumentali ty of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality, shall be required to show cause, if any, why such con tract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when vali dated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Jackson County Airport Authority.
Section 24. Venue and Jurisdiction - Any action to protect or en force any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Jack son County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

Section 25. Interest of Bondholders Protected - While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the is suance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

Section 26. Monies Received Considered Trust Funds - All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

Section 27. Purpose of the Authority - Without limiting the gene rality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining,

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improving and operating airports and landing fields for the use of air craft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and im provements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of under takings.

Section 28. Rates, Charges and Revenues: Use - The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands of facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects.

Section 29. Rules and Regulations for Operation of Projects - It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the pro visions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished.

Section 30. Powers Declared Supplemental and Additional - The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers con ferred by other laws, and shall not be regarded as in derogation of any powers now existing.

Section 31. Liberal Construction of Act - This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and of Jackson County, shall be liberally construed to effect the purposes hereof.

Section 32. Effect of Partial Invalidity of Act - The provisions of this Act are severable, and if any of its provisions shall be held uncon stitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

Section 33. The effective date of this law shall be upon approval of same by the Governor.

Section 34. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 28, nays 0, and the substitute was adopted.

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761

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 78. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, as amended, so as to change the method of selection of an accountant to conduct an audit of the books; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed
HB 79. By Messrs. Towson and Knight of Laurens: A bill to amend an act creating a new charter for the City of Dublin, as amended, so as to change the hours for which the polls shall remain open for elections conducted within the City of Dublin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 80. By Mr. Clarke of Monroe: A bill to authorize the use of voting machines in all elections con ducted within Monroe County and the City of Forsyth; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 32. By Messrs. Griffin and Conger of Decatur:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the creation of the Bainbridge-Decatur County Beverage Control Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created the 'Bainbridge-Decatur Beverage Control Board'. The Board shall be composed of five members, three of whom shall be appointed by the governing authority of the City of Bainbridge, and two of whom shall be appointed by the govern ing authority of Decatur County. The first members shall be ap pointed prior to December 15, 1964, and shall take office January 1, 1965. Such members must be approved by the Grand Jury of Decatur County, and their names shall be submitted by the re spective governing authorities to the Grand Jury meeting next after the appointments are made. If a person is not approved by said Grand Jury, the appointing authority shall submit the name of a different person to the Grand Jury. The first members shall have terms of one, two, three, four, and five years as shall be designated by the Grand Jury. Thereafter, all members shall be appointed for five-year terms so that the terms of the members shall remain staggered. Successors to the first and future members shall be appointed prior to December 15, of the year in which the term expires. All members shall serve until their successors are appoint ed and qualified and any member may be reappointed. The pro cedure relative to approval by the Grand Jury, as provided here in, for the first members shall likewise apply to all future mem bers. All actions of the Board, if otherwise valid, shall be valid and binding prior to approval of the members by the Grand Jury in the same manner as such actions would be valid and binding after approval by the Grand Jury.

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763

"In order to be eligible to serve as a member of the Board, a person must have been a resident of Decatur County for two years immediately preceding the date on which he takes office as a member of the Board. In the event a vacancy occurs on the Board, the original appointing authority shall fill the vacancy for the unexpired term. The name of the person designated to fill the vacancy shall be presented for approval to the next Grand Jury. In the event a member moves his residence from Decatur County, he shall immediately cease to be a member of the Board and a vacancy shall exist in such person's position. The members of the Board shall be compensated in the amount of $25.00 per month for their services. The Board shall elect its own Chairman and such other officers as it deems necessary or desirable.
"The Board shall be a body corporate and politic and a public corporation. It shall have perpetual existence. It may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. It may exercise any power granted to private corporations not in conflict with this or other provisions of this Constitution or the laws of this State. The Board is hereby authorized and empowered to borrow funds in the name of the Board. The Board shall promulgate rules and regulations relating to the employment and compensation of per sonnel, and relating to all other matters having to do with the business of the Board. Three members of the Board shall constitute a quorum necessary for the transaction of business, but an affirma tive vote by three members of the Board shall be required to transact business. No vacancy on the Board shall impair the right of transacting business by a quorum if the necessary vote provided above is met.
"The Board is hereby authorized and empowered to engage in the business of selling at retail distilled spirits and alcohol for beverage purposes in unbroken packages as a 'Retailer' as now or hereafter provided by law. The Board is hereby authorized and em powered to engage in such business without the necessity of an election as now or hereafter provided by law. In all matters re lating to such business, the Board shall occupy the same position as a private 'Retailer', and shall be subject to all laws and rules and regulations to which a private 'Retailer' is subject. The Board shall have no authority or power to engage in the aforesaid busi ness except within the geographical limits of Decatur County.
"The profits derived from the operation of such business shall be divided equally between the City of Bainbridge and Decatur County, and shall be turned over to the governing authority of said City and County on a quarterly basis on the fifteenth day of the month for the immediately preceding quarter. However, the Board is hereby granted discretion to determine the amount of profits, if any, which should be turned over to the City and the County, taking into consideration funds which should be retained for operat ing expenses, payment of debts, expansion and similar activities. The Board shall have made an annual audit of its books and records by a certified public accountant, who must be approved by the governing authority of the City and the governing authority of the County."

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SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to create the Bainbridge-Decatur County Beverage Control Board.

"Against ratification of amendment to the Constitution so as to create the Bainbridge-Decatur County Beverage Control Board."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators: Kidd

Those voting in the negative were Senators:

Carlton Carter Downing Ellis Fuqua Gayner Gillis

Gordy Heard Hunt Johnson of 42nd Johnson of 38th Knox Maclntyre

Moore McKinnon McWhorter Noble Oliver Pelham Plunkett

Rowan Salome Scott Searcey

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765

Smalley Spinks Tribble Webb

Wesberry Yancey Young Zorn

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 1, nays 33.

The resolution, having failed to receive the requisite constitutional two-thirds majority, was lost.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 15. By Senator Harrison of the 48th:
A bill to amend an act providing and establishing a new charter for the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor shall not be eligible for reelection to the office of mayor after expiration of a fourth term until a period of two years shall have elapsed; and for other purposes.

The House amendment was as follows:
By Mr. Paris of Barren: Amend SB 15 as follows:
By striking from the first sentence of Section 2 the following:
"Not later than October 16, 1964" and inserting in lieu thereof "Not later than August 7, 1964".

Senator Harrison of the 48th asked unanimous consent that the Senate agree to the House amendment to SB 15.

The consent was granted.

The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:

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HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur and Rhodes of Baker:
A bill to amend Code section 24-2501, relating to judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judi cial Circuit; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 73 by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:
"Section 2. The solicitor-general of the South Georgia Judicial Circuit, in addition to the compensation and allowances paid to him by the State of Georgia, shall receive an annual salary of $9,600.00 per year in lieu of the fee system of compensation, payable in equal monthly installments from the counties comprising the South Geor gia Judicial Circuit and apportioned among the several counties according to the ratio which the population of each such county bears to the total population of all the counties in said Circuit, according to the United States decennial census of 1960 or any future such census. Said salary shall be in lieu of all fees and costs previously allowed the solicitor-general of the South Georgia Judi cial Circuit, with the exception of that compensation and allowances paid to him by the State of Georgia."

On the adoption of the amendment, the ayes were 30, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 30, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

HR 6. By Messrs. Bolton of Spalding, Smith of Grady and Andrews of Stephens:
A resolution to revise the Constitution of Georgia; and for other purposes.

TUESDAY, JUNE 23, 1964

767

The report of the Committee of Conference was as follows:

The Conference Committee on House Resolution 6-1 adopts the following report and recommends:
ARTICLE 1
(1) That the Senate recede from its position on Senate Amendments 1, 4, 7, 12, 13, 14, and 16.
(2) That the House agree to Senate Amendments 2 and 140.
(3) That the Senate recede from its position on Senate Amendment 6 and that the House recede from its position on Article 1, Section 1, Paragraph 13 and adopt the following:
By striking Article 1, Section 1, Paragraph 13 in its entirety and inserting in lieu thereof a new Paragraph 13 to read as follows:
"Paragraph 13. Guarantee of Freedom of Speech and the Pub lic's Right to Know. No law shall ever be passed to curtail or re strain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty; and the public shall always have the right to be informed of the final official actions of all government agencies and Authorities."
(4) That the Senate recede from its position on Senate Amendment 15 and that the House recede from its position on Article 1, Section 3, Paragraph 1 and adopt the following:
By striking Article 1, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Private Ways; Just and Adequate Compensa tion. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant. Pri vate property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid. When private property is taken or damaged for public road, street and transportation purposes by the State and the counties and munici palities of the State, or any agency of such governmental units, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly shall by law require the condemnor to make prepayment against just and ade quate compensation as estimated from the sworn affidavit of the condemnor's appraiser, as a condition precedent to the exercise of the right of eminent domain, and shall provide for disbursement of the same to the end that rights and equities of the property

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owner, lien holders, the State and its political subdivisions, and others having an interest therein, may be protected. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation there of, in connection with which the right of eminent domain is being exercised."

(5) That the Senate recede from its position on Senate Amendment 129 and that the House recede from its position on Article 8, Section 1 and adopt the following:

By striking Article 8 in its entirety and adopting the following which shall become Article 1, Section 4:

"SECTION 4

ELECTIONS

"Paragraph 1. Elections by the People; Electors.
"(a) In all elections by the people, the electors shall vote by secret ballot, which may include the use of voting machines, except that the General Assembly may provide by law for assistance in voting for those electors physically incapable of voting by them selves.

"(b) Every United States citizen who is a resident citizen of this State, who is at least eighteen years of age, who possesses the qualifications provided in this Paragraph and those qualifications provided by law pursuant to this Paragraph, and who is not labor ing under any disqualification provided in this Paragraph or which may be provided by law pursuant to this Paragraph, shall be an elector and entitled to vote in elections by the people, if registered to do so according to law.

"(c) To entitle a person to vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six months im mediately preceding such election, except that the General Assembly may provide different periods of State and county residence for persons to vote in national elections and different periods of county residence for persons to vote in State elections.

"(d) Every person fulfilling all the requirements of an elec tor, and every person who fulfills all such requirements except those of age and residence but who will fulfill those requirements by the date of the next general election, shall be entitled to register to vote, except that no person shall be allowed to register who is not at least seventeen years of age at the time of registration.

TUESDAY, JUNE 23, 1964

769

"(e) The General Assembly shall provide by law for (1) defi nitions of residence for voting purposes and of terms used in this Paragraph; (2) designation of those crimes, conviction of which will disqualify a person from becoming an elector; (3) reasonable requirements of literacy and education necessary for registration; (4) registration of electors; (5) secrecy in voting; (6) the manner and place of voting; and (7) administration of elections.

"(f) No person shall be eligible to register or to vote who is mentally incompetent.

"Paragraph 2. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elec tions, and in going to and returning from the same.

"Paragraph 3. General Election. A general election shall be held every two years during even-numbered years. Until, changed by law, such election shall be held on Tuesday after the first Monday in November.

"Paragraph 4. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention or candidacy was given ten or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a state general election, to the Secretary of State and by publi cation in a paper of general circulation in the state; in a general election of county officers, to the ordinary of the county, in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance there with as a condition of eligibility to hold office in this State."

ARTICLE 2

(1) That the Senate recede from its position on Senate Amendments 29, 32, 39, 51, 52, 54, 61, 63, and 64.
(2) That the House agree to Senate Amendments 22, 25, 27, 30, 33, 44, 45, 46, 47, 48, 50, 53, 55, 58, 59, and 62.
(3) That the Senate recede from its position on Senate Amendment 18 and that the House recede from its position on Article 2, Section 2, Paragraph 2 and adopt the following:
By striking Article 2, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

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JOURNAL OF THE SENATE,

"Paragraph 2. Qualifications of Senators; Term. At the time of the beginning of the term of office to which he was elected, a member of the Senate must be a citizen of the United States at least twenty-five years of age and must have been a citizen of this State for at least four years and a resident of the territory from which elected for at least one year immediately preceding such time. Members of the Senate shall be elected for a term of four years and shall serve until the convening of the General Assembly in the year following the fourth year of such term. The first regular election for members of the Senate under this Constitution shall be the general election of 1966."

(4) That the Senate recede from its position on Senate Amendment 19 and that the House recede from its position on Article 2, Section 3, Paragraph 1 and adopt the following:

By striking Article 2, Section 3, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Apportionment of House of Representatives. The House of Representatives shall consist of not less than one hundred sixty-two nor more than two hundred sixteen members, and the apportionment thereof shall be as provided by the General As sembly."

(5) That the Senate recede from its position on Senate Amendment 20 and that the House recede from its position on Article 2, Section 3, Paragraph 2 and adopt the following:
By striking Article 2, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Qualifications of Representatives; Term. At the time of the beginning of the term of office to which he was elected, a member of the House of Representatives must be a citizen of the United States at least twenty-one years of age and must have been a citizen of this State for at least two years and a resident of the territory from which elected for at least one year immediate ly preceding such time. Members of the House of Representatives shall be elected for a term of four years and shall serve until the convening of the General Assembly in the year following the fourth year of such term. The first regular election for members of the House of Representatives under this Constitution shall be the general election of 1966."

(6) That the Senate recede from its position on Senate Amendment 21 and that the House recede from its position on Article 2, Section 4, Paragraph 3 and adopt the following:

By adding a new sentence after the second sentence of Article 2, Section 4, Paragraph 3 to read as follows:

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771

"The compensation and allowances of the Secretary of the Senate and the Clerk of the House of Representatives shall be fixed either by statute or by resolution of their respective houses or by both statute and such resolution."

(7) That the Senate recede from its position on Senate Amend ments 23 and 24 and that the House recede from its position on Article 2, Section 5, Paragraph 4 and adopt the following:

By striking Article 2, Section 5, Paragraph 4 in its entirety and in serting in lieu thereof a new Paragraph 4 to read as follows:

"Paragraph 4. Meeting, Time Limit, and Adjournment. The General Assembly shall meet in regular annual session on the second Monday in January in each year. By concurrent resolution adopted by a majority of the membership of each house the General Assembly may adjourn any regular session to a later day certain in the same calendar year but shall not remain in regular session for longer than fifty days in the aggregate in odd-numbered years or for longer than forty days in the aggregate in even-numbered years. If an impeachment trial is pending at the end of any regular session, the Senate may remain in session until such trial is com pleted. The Senate and the House of Representatives shall organize each two years in the odd-numbered years and shall be deemed to be a different General Assembly for each such two-year period."

(8) That the Senate recede from its position on Senate Amendment 26, and that the House recede from its position on Article 2, Section 5, Paragraphs 8 and 9 and adopt the following:

By striking Article 2, Section 5, Paragraphs 8 and 9 in their entire ty and inserting in lieu thereof a new Paragraph 8 to read as follows:
"Paragraph 8. Removal from Territory. The seat of a member of the General Assembly shall be vacant upon his changing his legal residence from the territory from which he was elected. How ever, no reapportionment of the Senate or the House of Representa tives shall affect the seat of any incumbent during the term for which he has been elected."
(9) That the Senate recede from its position on Senate Amendment 35 and that the House recede from its position on Article 2, Section 7, Paragraph 4 and adopt the following:
By striking Article 2, Section 7, Paragraph 4 in its entirety and inserting in lieu thereof a new Paragraph 4 to read as follows:
"Paragraph 4. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its ad journment. The General Assembly shall provide for the publication of the laws at each session. After publication, the original journals shall be preserved in the office of the Secretary of State, and such journals shall be the only official records of the proceedings of each house."

JOURNAL OP THE SENATE,
(10) That the Senate recede from its position on Senate Amendment 88 and that the House recede from its position on Article 2, Section 7, Paragraph 7 and adopt the following:
By striking Article 2, Section 7, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:
"Paragraph 7. Acts Signed. All acts shall be signed by the President of the Senate and the Speaker of the House of Repre sentatives or the persons authorized by law to act during their absence or disability."
(11) That the Senate recede from its position on Senate Amendment 49 and that the House recede from its position on Article 2, Section 8, Paragraph 3 and adopt the following:
By striking Article 2, Section 8, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Notice of Intention to Introduce Local Legisla tion. No local or special bill shall be introduced unless notice of the intention to introduce same and a general statement of the sub stance thereof has been published, in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days im mediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice accompanied by an affidavit or certificate of a duly authorized representative of the newspaper or accompanied by an affidavit of the author to the effect that said notice has been published as provided herein and specifying the dates of publication."
(12) That the Senate recede from its position on Senate Amendment 56 and that the House recede from its position on Article 2, Section 9, Paragraph 1 and adopt the following:
By striking Article 2, Section 9, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:
"Paragraph 1. Origination of Revenue and Appropriations Measures. All bills for raising revenue may originate in either the Senate or the House of Representatives. All bills for appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments to appropriations measures in the same manner as in other bills."
ARTICLE 3
(1) That the Senate recede from its position on Senate Amend ments 69, 72, 76, 77A, 79, and 141.

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773

(2) That the House agree to Senate Amendments 70, 77, and 139.

(3) That the Senate recede from its position on Senate Amendment 65 and that the House recede from its position on Article 3, Section 2, Paragraph 2 and adopt the following:

By striking Article 3, Section 2, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Jurisdiction.

"(a) Original Jurisdiction. Except as herein provided, the Supreme Court shall have no original jurisdiction, but shall be a court for the trial and correction of errors of law in the manner prescribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal. The Supreme Court shall have original jurisdiction upon petition of at least two of the elected executive officers named in this Constitution to determine the disa bility of the Governor or other person legally exercising the chief executive powers of the State and shall retain jurisdiction of said matter for the purpose of determining the cessation of disability. The Court may, in accordance with its rules, render advisory opinions
on questions of solemn and manifest public importance when re quested by the Governor or by joint resolution of the General As
sembly.

"(b) Appellate Jurisdiction. The Supreme Court shall have exclusive appellate jurisdiction from all other courts of this State in cases involving the interpretation or application of the Consti tution of the United States or this Constitution and of treaties to which the United States is a party; in cases where the constitu tionality of any law, rule, regulation, ordinance, or resolution is questioned; in cases of conviction of a capital felony; and until otherwise provided by law: in cases involving equitable powers or title to land; in all divorce and alimony cases; in cases certified to it by the Court of Appeals for determination; and in such other cases as may be prescribed by law or by its rules. The Supreme Court shall have discretionary power to require any case to be certified by certiorari or otherwise to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried directly to the Supreme Court. The Supreme Court also shall have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. The oldest full-bench decisions of the Supreme Court which have not been expressly overruled or materially modified under the Act of the General Assembly approved December 17, 1896 (codified as Code Section 6-1611) shall be binding on the Supreme Court and all other courts of this State until expressly overruled or modified by a full bench. Where no full-bench decisions have been rendered, the oldest decisions of the Supreme Court which have not been ex-

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pressly overruled or modified under the Act of the General As sembly approved December 17, 1896 (codified as Code Section 6-1611) shall bind all other courts of this State as precedents."

(4) That the Senate recede from its position on Senate Amend ment 66 and that the House recede from its position on Article 3, Section 2. Paragraph 3 and adopt the following:

By striking Article 3, Section 2, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Powers of Supreme Court.

"(a) The Supreme Court, with the counsel and advice of the Judges of the Court of Appeals, the Judges of the Superior Courts and such committee of the Bar of Georgia as the Supreme Court may appoint, shall have the power to submit to the General As sembly during the first ten days of any regular session rules govern ing practice and procedure for the judicial system, and if both houses by concurrent action approve such rules, they shall become effective ninety days after the date of adjournment. Rules sub mitted by the Supreme Court may be amended by the General Assembly, and if such rules as amended shall be approved by the Supreme Court within thirty days after amendment and approval of same by the General Assembly, the rules as amended shall be come effective ninety days after the date of adjournment of the General Assembly. If the Supreme Court shall not approve such rules as amended, the rules shall not become effective. The General Assembly shall always have the right to prescribe, by law, rules governing practice and procedure, and shall have the right to adopt, amend, modify or repeal any rule or law governing practice and procedure. The rules in force upon the effective date of this Con stitution shall continue in force until changed as provided herein.

"(b) The Supreme Court shall by rule govern organization of the bar, standards of professional conduct, and the discipline of the members of the bar; but the General Assembly shall have the authority to repeal, modify or amend any such rule. No such rule or law shall deprive any member of the bar of the right to a trial by jury in the county of his residence upon any disbarment or suspension proceeding pursuant to any such rule or law."

(5) That the Senate recede from its position on Senate Amend ment 67 and that the House recede from its position on Article 3, Section 3. Paragraph 2 and adopt the following:

By striking Article 3, Section 3, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Jurisdiction.

"(a) Original Jurisdiction. The Court of Appeals shall have no original jurisdiction, but shall be a court for the trial and

TUESDAY, JUNE 23, 1964

775

correction of errors of law in the manner prescribed by law, and shall have power to issue all writs necessary or appropriate in the exercise of its appellate jurisdiction and in the performance of its duties, including the power to grant supersedeas at any time pending appeal.

"(b) Appellate Jurisdiction. The Court of Appeals shall have jurisdiction with respect to the trial and correction of errors of law in the manner prescribed by law, from the superior courts
and from such other courts as now or hereafter authorized by law in such cases as may be prescribed by law or by the rules of the Supreme Court not inconsistent with this Constitution. When the Court of Appeals desires instruction from the Supreme Court in a pending case, it may certify the same to the Supreme Court, which after affording the parties an opportunity to be heard there on, may instruct the Court of Appeals on the question so certified without regard to whether or not the answer to such question is determinative of the entire case, and the Court of Appeals shall be bound thereby. In case no such instruction is given by reason of an equal division of opinion among the Justices of the Supreme Court, the Court of Appeals shall decide the case. In the event of an equal division of judges on any case when the Court of Appeals is sitting as a body, the case shall be transferred immediately to the Supreme Court. The manner of certifying cases to the Supreme Court, and the procedure governing review of decisions of the Court of Appeals by the Supreme Court, or of the transfer of cases between said Courts, shall be as the Supreme Court by its rules may prescribe."

(5A) That the Senate recede from its position on Senate Amend ment 68 and that the House recede from its position on Article 3, Section 5, Paragraph 2 and adopt the following:

By striking Article 3, Section 5, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Retirement and Pensions. The General AsAssembly shall provide by law for the payment of compensation or pensions to retired or disabled justices and judges. The Supreme Court may assign retired justices or judges to perform temporary judicial duties in any court of the State. Every justice and judge shall retire upon reaching the age of seventy and may retire upon reaching the age of sixty-five and any justice or judge so retiring under this provision who has served at least ten years as a justice or judge of the Supreme Court or the Court of Appeals or any combination thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been as a Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or compensation which shall be not less than two-thirds of the compensation received by him at the time of his retirement; pro vided, however, any justice or judge during the term of office he is serving at the time of the effective date of this Constitution

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JOURNAL OF THE SENATE,

shall not be required to retire at age seventy prior to the expira tion of the term to which he has been elected, at which time he shall retire, but he may elect to do so and shall receive the pension or compensation herein provided; provided further, however, any
justice or judge serving at the time of the effective date of this Constitution who is seventy years of age or more, and who within six months after the effective date of this Constitution elects to retire may do so, in which case he shall receive as a pension the full compensation which he was then receiving for the balance of the term to which he was elected and thereafter he shall receive a pension of two-thirds of that compensation. No justice or judge receiving retirement or pension benefits hereunder shall be eligible to appointment to any emeritus position. Any justice or judge receiving any such compensation or pension shall not engage in the practice of law."

(6) That the Senate recede from its position on Senate Amend ment 71 and that the House recede from its position on Article 3, Section 8, Paragraph 2 and adopt the following:

By striking Article 3, Section 8, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. General Jurisdiction. The superior courts shall have jurisdiction in all civil and criminal cases, with such excep tions as may be provided by law not inconsistent with this Consti tution. They shall have appellate jurisdiction in such cases as may be provided by law. They shall have power to correct errors in inferior judicatories by writ of certiorari or as otherwise provided
by this Constitution or by law. The superior courts shall have authority to issue such writs as may be necessary or appropriate for carrying their powers fully into effect, and shall have such other powers as may be conferred on them by law."

(7) That the Senate recede from its position on Senate Amendment 73 and that the House recede from its position on Article 3, Section 9, Paragraph 3 and adopt the following:

By striking Article 3, Section 9, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

"Paragraph 3. Superior Court Judges Emeritus. Such pro visions for compensation to Judges Emeritus of the Superior Courts and for the retirement of Superior Court Judges as the legislature has enacted or may hereafter enact are hereby authorized."

(8) That the Senate recede from its position on Senate Amend ment 74 and that the House recede from its position on Article 3, Sec tion 10, Paragraph 1 and adopt the following:

By striking Article 3, Section 10, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

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777

"Paragraph 1. Age; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Judge of the Court of Ap peals or Judge of the Superior Courts, unless at the time of the beginning of the term of office to which he was elected he shall have attained the age of thirty years; shall have been a citizen of and practiced law in the State of Georgia for seven years and shall be a member in good standing of the bar of the Supreme Court of Georgia; and any Judge of the Superior Court shall have been a resident of the territory comprising the circuit in which he is elected or appointed for the three years next preceding his elec tion or appointmnt."

(9) That the Senate recede from its position on Senate Amendment 78 and that the House recede from its position on Article 3, Section 13, Paragraph 3 and adopt the following:

By striking Article 3, Section 13, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:

Paragraph 3. Jury Trial. The right of trial by jury, except as otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial jury, except in the superior courts, where there shall be twelve unless otherwise agreed between the parties; the General Assembly may provide by law for alternate jurors. The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party; provided, however, that nothing contained herein shall be construed so as to prevent the General Assembly from providing for summary judgments and directed verdicts. The par ties may waive a jury trial, but in all criminal cases, such waiver must be in writing."

ARTICLE 4

(1) That the Senate recede from its position on Senate Amend ments 83, 86, 131, 132, and 133.
(2) That the House agree to Senate Amendments 80, 85, 88, and 136.
(3) That the Senate recede from its position on Senate Amend ment 87 and that the House recede from its position on Article 4, Section 3, Paragraphs 2 and 3 and adopt the following:
By striking Article 4, Section 3, Paragraphs 2 and 3 in their en tirety and inserting in lieu thereof a new Paragraph 2 to read as follows:
"Paragraph 2. Exercise of Executive Power. In case of death, resignation or removal from office of the Governor, the

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Lieutenant Governor shall exercise the executive power and re ceive the compensation of the Governor until the next general elec tion, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation or removal from office shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the excutive power and receive the same compensation as the Governor for the un expired term. In case of the disability of the Governor, the Lieuten ant Governor shall exercise the executive power and receive the same compensation as the Governor until the removal of such disability."

(4) That the Senate recede from its position on Senate Amendment 89 and that the House recede from its position on Article 4, Section 6, Paragraphs 1, 2, 3, 4, and 5 and adopt the following:

By striking Article 4, Section 6, Paragraphs 1, 2, 3, 4, and 5 and inserting in lieu thereof a new Paragraph to be numbered Paragraph 1 to read as follows:

"Paragraph 1. Number; Term of Office; Vacancies. There shall be a Solicitor General for each judicial circuit elected, and appointed as necessary, in the same manner as the respective circuit Superior Court Judges, who shall represent the State in all criminal cases in the Superior Courts of his circuit, and all criminal cases taken up from the Superior Courts of his circuit to the Court of Appeals and Supreme Court, whose term of office, qualifications, limitations, other duties and compensation shall be prescribed by the General Assembly."

(5) That the Senate recede from its position on Senate Amend ment 90 and that the House recede from its position on Article 4, Sec tion 7 and adopt the following:

By adopting the Senate version of Article 4, Section 7 with the following changes:

By striking the third sentence of Paragraph 3 and inserting in lieu thereof the following:

"Whenever no person is elected in the general election to fill any such office, or whenever any person elected shall die or with draw prior to taking any such office, the Secretary of State shall call a special election, which shall be held not less than sixty nor more than one hundred twenty days from the date of any such event, to fill such position."; and

By adding a new Paragraph thereto to be known as Paragraph 4 to read as follows:
"Paragraph 4. Runoffs. Whenever a runoff is required under this Constitution or under any valid law, the runoff shall be con-

TUESDAY, JUNE 23, 1964

779

sidered as a part of the election and may be held at such time after the date prescribed in this Constitution for the election as is fixed by law."
ARTICLE 5

(1) That the Senate recede from its position on Senate Amend ments 100, 101, 104 and 105.

(2) That the House agree to Senate Amendments 94, 97, 98, 102, 103 and 137.

(3) That the Senate recede from its position on Senate Amend ment 92, and that the House recede from its position on Article 5, Section 1, Paragraph l(b) and adopt the following:

By striking Article 5, Section 1, Paragraph l(b) in its entirety and inserting in lieu thereof a new Paragraph l(b) to read as follows:

"(b) The power of taxation shall be exercised solely for public purposes and by general laws or ordinances applicable uniformly upon the same class of subjects throughout the territorial limits of the government authorized to levy the tax except as otherwise provided in this Constitution; provided, however, no county shall require any license fee, franchise tax, or occupational tax from any business located in a municipality in said county if such municipality requires payment of a license fee or occupational tax from such business, but no such occupational tax or license fee shall be levied against farming operations. No such county license fee or occupational tax shall be imposed on any business which is subject to regulation by the Public Service Commission."

(4) That the Senate recede from its position on Senate Amend ment 93, and that the House recede from its position on Article 5, Section 1, Paragraph 2 and adopt the following:

By designating the second paragraph of Subparagraph (a) of Article 5, Section 1, Paragraph 2, as Subparagraph (b) ; and

By adding a new Subparagraph to be known as Subparagraph (c) to read as follows:

"(c) The General Assembly may provide for a classification, or classifications, of tangible personal property held as inventory (whether raw materials, goods being manufactured or processed or finished products) for manufacturing, processing or distribu tion (not including sale at retail) separately from other tangible property. It may provide for the evaluation of inventories on the basis of their average value held during the preceding tax year instead of their value on January 1 and for a different basis, or basis of assessment therefor. It may provide for exemption, or partial exemption, of inventories remaining in the hands of the manufacturer, processor, or distributor but only for the year next

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after their production, or acquisition, provided that any such ex emption shall not be effective in any political subdivision of this State unless the same is approved by the electors of such subdivision in a referendum election held for that purpose."

and

By redesignating Subparagraph (b) of Article 5, Section 1, Para graph 2, as Subparagraph (d).

(5) That the Senate recede from its position on Senate Amend ment 95, and that the House recede from its position on Article 5, Section 1, Paragraph 3 (e) and adopt the following:

By striking Article 5, Section 1, Paragraph 3(e) in its entirety and inserting in lieu thereof a new Paragraph 3(e) to read as follows:

"(e) In an amount not to exceed $2,000 of its value, the home stead owned by a person who is a resident of this State, actually occupied by him primarily as his residence and only so long as so occupied, is hereby exempted from all property taxation for State, county, and county or area school purposes, except to pay interest on and to retire bonded indebtedness. The General Assembly, from time to time, may lower the amount of this exemption to not less than $1,250.00. An exemption hereunder must be claimed in the manner prescribed by the General Assembly, and the General As sembly may further define the homestead entitled to exemption hereunder except that a homestead as contemplated hereunder shall remain limited to a claimant's actual dwelling, structures incidental thereto, and the land to which same is attached. Claimant's actual dwelling shall be deemed to include dwellings, cooperative apart ments and condominium apartments."

(6) That the Senate recede from its position on Senate Amend ments 106 and 107, and that the House recede from its position on Article 5, Section 3, Paragraph 2(h) and Paragraph 2(i) and adopt the following:

By striking Article 5, Section 3, Paragraph 2(h) and Paragraph 2(i) in their entirety and inserting in lieu thereof a new Section to be numbered Section 4 to read as follows:

"SECTION 4

REVENUE OBLIGATIONS

"Paragraph 1. Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or local subdivision, or may itself create and authorize any public corpora tion or authority, to issue revenue obligations for the public pur poses hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly such obligations shall not constitute indebtedness within the mean-

TUESDAY, JUNE 23, 1964

781

ing of Paragraph 1 (a) or Paragraph 2 (a) or (b) of Section 3 of this Article. The power of taxation shall not be exercised for the purpose of paying the principal thereof or the interest thereon; such principal and interest shall be payable solely from the reve nues produced in carrying on the authorized public purpose, and such revenues, and any other revenues, except taxes, may be pledged for the payment thereof.
"Paragraph 2. Purposes for Which Authorized. Revenue ob ligations may be issued to provide funds to pay the cost, in whole or part, of acquiring, constructing, extending or improving any public property or facility, including roads, tunnels, bridges, air ports, harbor facilities, water, sewerage, garbage or sewage collec tion, treatment and disposal systems, gas or electric systems (in cluding dams, reservoirs, generating stations and similar facilities), recreational, amusement, educational and exhibition facilities, beach erosion protection systems, public parking buildings and facilities, including parking meters, public facilities for mass transit systems for the transportation of passengers for hire, and such other kinds of public property and facilities as may be authorized by the General Assembly.
"Paragraph 3. Election Required for Gas or Electric Systems. However, before any such obligations may be issued for any pur pose relating to gas or electric generating and distribution systems, such obligations must first be authorized by a majority of those voting in an election held for that purpose in the local political subdivision affected, provided a majority of the registered voters thereof voted in such election. In other respects, such election shall be held in the same manner as an election under Paragraph 2 (b). Such an election, however, shall not be required to authorize the issuance of obligations for the purpose of refunding outstanding obligations originally authorized and issued for the aforesaid pur pose. After any such favorable election has been held, if munici palities, counties or other political subdivisions, shall purchase, con struct, or operate such electric or gas utility plants from the pro ceeds of said revenue certificates, and extend their services beyond the limits of the county or counties in which the municipality or political subdivision is located, unless such service is merely inci dental to its transmission lines, then its services rendered and property located outside said county or counties shall be subject to taxation and regulation as are privately owned and operated utilities.
"Paragraph 4. Industrial Development Purposes. Revenue obligations may also be issued to finance the cost of land, buildings, facilities, machinery or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any county, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such purpose."

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JOURNAL OF THE SENATE,

(7) That the Senate recede from its position on Senate Amendment 108 and that the House recede from its position on Article 5, Section 3, Paragraph 3 and adopt the following:

By striking Article 5, Section 3, Paragraph 3 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

"SECTION 5

INTERGOVERNMENTAL CONTRACTS

"Paragraph 1. Contracts for Use of Public Facilities. The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.

"Paragraph 2. Care and Hospitalization of Indigents. Any county, municipal corporation or other political subdivision may contract with any public agency, public corporation or authority for care, treatment, maintenance and hospitalization for its indigent and obligate itself to pay the costs thereof, the cost of acqui sition, construction, modernization or repair of buildings and facilities necessary to render such services for its indigent, including other persons who may desire and are able to pay for such services, and the cost of operating and maintaining such buildings and
facilities.

"Paragraph 3. Local Taxation Authorized. Any county, mu nicipal corporation, school district, or other political subdivision, having the power to tax, may exercise such power to the extent necessary to pay the obligations contractually incurred under this Section and may also expend any other public funds, from what ever source derived for such purpose."

ARTICLE 6

(1) That the Senate recede from its position on Senate Amendment 135.

(2) That the House agree to Senate Amendment 109.

(3) That the Senate recede from its position on Senate Amend ment 110 and that the House recede from its position on Article 6, Sections 2 and 3 and adopt the following:
By striking Article 6, Sections 2 and 3 in their entirety and in serting in lieu thereof two new Sections 2 and 3 to read as follows:

TUESDAY, JUNE 23, 1964

783

"SECTION 2

STATE BOARD OF EDUCATION

"Paragraph 1. State Board of Education; Method of Appoint ment. The constitutional State Board of Education having here tofore been created is hereby recreated and continued as the con stitutional State Board of Education. There shall be a member of such Board from each congressional district in the State who shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The first State Board of Education under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. There after, all succeeding appointments shall be for seven-year terms from the expiration of the previous term. Vacanices upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Edu cation shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their ap pointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to member ship on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.

"SECTION 3

STATE SCHOOL SUPERINTENDENT
"Paragraph 1. State School Superintendent; Election; Term. There shall be a State School Superintendent who shall be the Executive Officer of the State Board of Education and the Chief Administrative Officer of the State Department of Education. He shall be elected at the same time, in the same manner and for the same term as the Governor. He shall have such qualifications and compensation as may be provided by law. No member of the State

784

JOURNAL OF THE SENATE,

Board of Education shall be eligible for election as State School Superintendent during the term for which he shall have been ap pointed."

(4) That the Senate recede from its position on Senate Amend ment 111 and that the House recede from its position on Article 6, Section 5 and adopt the following:

By adopting Senate Amendment 111 with the following change:

By striking the second sentence of Paragraph 1 of Section 5 and inserting in lieu thereof the following:

"Existing county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single area school district."

(5) That the Senate recede from its position on Senate Amend ment 112 and that the House recede from its position on Article 6, Sec tion 6, Paragraph 2 and adopt the following:

By striking Article 6, Section 6, Paragraph 2 in its entirety and inserting in lieu thereof a new Paragraph 2 to read as follows:

"Paragraph 2. Systems Established Prior to Constitution of 1877 and by Constitutional Amendments Prior to January 1, 1949. Public school systems established prior to the adoption of the Con stitution of 1877 and systems established by constitutional amend ments passed and ratified prior to January 1, 1949, shall not be affected by this Constitution."

(6) That the Senate recede from its position on Senate Amend ment 113 and that the House recede from its position on Article 6, Section 9, Paragraph 3 and adopt the following:

By striking from Article 6, Section 9, Paragraph 3 the word "may" as it appears after the word "be" and before the word "levy" and in serting in lieu thereof the word "shall".

(7) That the House recede from its position on Article 6, Section 11, Paragraph 1 and that the Senate and House adopt the following:

By striking the second sentence from Article 6, Section 11, Para graph 1 of the House version and inserting in lieu thereof the following:

"The government, powers and duties of boards of education participating in the establishment or operation of such special schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be author ized to incur bonded indebtedness not to exceed three per centum

TUESDAY, JUNE 23, 1964

785

of the assessed value of all the taxable property therein and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addi tion to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this State."
ARTICLE 7

(1) That the Senate recede from its position on Senate Amend ments 119, 127 and 128.

(2) That the House agree to Senate Amendment 115.

(3) That the Senate recede from its position on Senate Amend ment 114 and that the House recede from its position on Article 7, Section 1, Paragraph 3 and adopt the following:

By striking Article 7, Section 1, Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3 to read as follows:
"Paragraph 3. Counties, Consolidation, Merger, Division, Dis solution; Method. Upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum of the registered electors of such county seeking to provide for the con solidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county and the merger of portions thereof into other counties, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are pub lished, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum of the registered voters of such other county or counties affected, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty days, and not sooner than thirty days, after the filing of the last petition, pub lishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election affecting those counties or parts thereof shall be called by the Governor within any twelve month period and then only after the filing of new petitions. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Gov ernor, who shall issue his proclamation thereon, and in the event the results are in favor of such consolidation such results shall become effective at such time as may be prescribed by law, but

786

JOUENAL OF THE SENATE,

not later than two years following the date of such election, as hereinafter referred to. Provided, however, any election held pur suant to the call of the Governor hereunder shall be null and void unless fifty-one per centum of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which lected, and at the Session of the General Assembly next following such election, the county site shall be designated by law, without regard to the provisions of Paragraph 5 hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law."

(3A) That the House recede from its position on Article 7, Section 1, Paragraph 7, and that the Senate and House adopt the following:

By striking Article 7, Section 1, Paragraph 7 in its entirety and inserting in lieu thereof a new Paragraph 7 to read as follows:

"Paragraph 7. County Commissioners. The General Assembly may create county commissioners in any county by local act, which shall include the authority to create a single county commissioner. Such commissioners may be designated commissioners of roads and revenues if so provided in such act. Such commissioners shall be the governing authority of the county and such local act shall provide the qualifications, terms and compensation thereof. Such commissioners shall have the powers and duties provided in this Constitution and such powers and duties as may be provided in such local act. In prescribing such powers and duties, the local act may grant such commissioners any or all of the powers and duties provided by general law for the ordinary when serving as govern ing authority of the county, but such commissioners may not be granted any other powers or duties which are in conflict with the provisions of any general law. County commissioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be appointed, in such manner as may be provided by local act."

(4) That the Senate recede from its position on Senate Amend ment 117 and that the House recede from its position on Article 7, Section 1, Paragraph 8 (a) 12. and adopt the following:

By striking Article 7, Section 1, Paragraph 8 (a) 12. in its entirety and inserting in lieu thereof a new Paragraph 8 (a) 12. to read as follows:

"12. To the extent that governmental immunity from liability for injuries to persons or property does not apply to counties and to its activities, or is waived by the General Assembly, the pur chase of liability insurance to provide protection against such liability. Also to purchase liability insurance to cover damages on

TUESDAY, JUNE 23, 1964

787

account of bodily injury or death to any person or damage to prop erty of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a governmental undertaking or not. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of such insurance coverage, and any verdict or judgment in excess of such insurance coverage against the county arising out of an action which would have otherwise been subject to governmental immunity shall be reduced to an amount equal to the insurance coverage thereon."

(5) That the Senate recede from its position on Senate Amend ment 118 and that the House recede from its position on Article 7, Section 1, Paragraph 8 (b) and adopt the following:

By striking Article 7, Section 1, Paragraph 8 (b) and inserting in lieu thereof a new Subparagraph (b) to read as follows:

"(b) Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such pro posed district voting in an election for that purpose held as pro vided by law."

(6) That the Senate recede from its position on Senate Amend ment 120 and that the House recede from its position on Article 7, Section 1, Paragraph 9, 10 and 11 and adopt the following:

By renumbering Article 7, Section 1, Paragraph 9 as Article 7, Section 1, Paragraph 10; and

By renumbering Article 7, Section 1, Paragraph 10 as Article 7, Section 1, Paragraph 11; and

By adding a new Article 7, Section 1, Paragraph 9, which shall be the same as Senate Amendment No. 120 with the following changes:

By adding a new Article 7, Section 1, Paragraph 9, which shall be the same as Senate Amendment No. 120 with the following changes:

By adding in Subparagraph (a) after the word "adopt" and before the word "ordinances" the words "clearly reasonable"; and

By striking Subparagraph (c) 5. and inserting in lieu thereof a new Subparagraph (c) 5. to read as follows:

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JOURNAL OF THE SENATE,

"5. Action expanding the power of regulation over any busi ness activity regulated by the Public Service Commission beyond that authorized by local or general law on the effective date of this Constitution."

(7) That the Senate recede from its position on Senate Amend ment 123 and that the House recede from its position on Article 7, Section 2, Paragraph 1 and adopt the following:

By striking Article 7, Section 2, Paragraph 1 in its entirety and inserting in lieu thereof a new Paragraph 1 to read as follows:

"Paragraph 1. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality or municipal boundaries changed, except by local act of the General Assembly or by such methods as may be provided by general law."

(8) That the Senate recede from its position on Senate Amendment 124 and that the House recede from its position on Article 7, Section 2, Paragraph 2 and adopt the following:

By adding a new Article 7, Section 2, Paragraph 2, which shall be the same as Senate Amendment No. 124 with the following changes:

By adding in Subparagraph (a) after the word "adopt" and before the word "ordinances" the words "clearly reasonable"; and

By striking Subparagraph (c) 5. and inserting in lieu thereof a new Subparagraph (c) 5. to read as follows:

"5. Action expanding the power of regulation over any busi ness activity regulated by the Public Service Commission beyond that authorized by charter or general law on the effective date of this Constitution."

ARTICLE 8

(1) That the House recede from its position on Article 9, and that the Senate and the House adopt the following:

By adopting the House version of Article 9 with the exception that the number thereof shall be changed to Article 8.

ARTICLE 9

(1) That the Senate recede from its position on Senate amendment 130, and that the House recede from its position on Article 10 and adopt the following:

By adopting the Senate version of Article 10 with the exception that the number thereof shall be changed to Article 9.

TUESDAY, JUNE 23, 1964

789

Groover of Bibb respectfully requests the Conference Committee, appointed to consider HR 6-1, to add at the end of Article 3, Section 9, Paragraph 1 relating to the compensation and allowances of judges of the superior courts the following language: "Provided, however, the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of two thousand dollars ($2,000.00) per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided."

In addition to the foregoing recommendations the Conference Com mittee recommends the following:

(1) That wherever qualifications for officials are specified in HR 6-1 and the phrases "at the time of taking office", "at the time of his election", "at the time of his election or appointment", "at the time of his appointment", or other similar phrases are used, the Auditing, Enrolling, Engrossing and Journals Committee of the House of Repre sentatives shall be authorized to insert in lieu thereof the phrase "at the time of the beginning of the term of office to which he was elected" or similar wording carrying out such intent.

(2) That the Auditing, Enrolling, Engrossing and Journals Com mittee of the House of Representatives be authorized to relocate, re assign, renumber and redesignate Articles, Sections, Paragraphs and Subparagraphs and correct typographical errors in order to comply with the wording or intention of provisions of or amendments to House Resolution 6-1 adopted by the Senate or the House of Representatives.
Respectfully submitted,

/s/ Milton A. Carlton Senator of the 21st District
/s/ John M. Gayner, III Senator of the 6th District
/s/ Julian Webb Senator of the llth District

/s/ Arthur K. Bolton Representative, Spalding County
/s/ Denmark Groover, Jr. Representative Bibb County
/s/ Frank S. Twitty Representative, Mitchell County

Senator Carlton of the 21st moved that the Senate adopt the report of the Committee of Conference to HR 6.

790

JOURNAL OF THE SENATE,

On the adoption of the report of the Committee of Conference, Senator Carlton of the 21st called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Downing Ellis Fincher Fuqua Gayner Gillis Hall Harrison

Heard Holloway Hunt Johnson of 38th Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon Noble Oliver Owens

Pelham Phillips Plunkett Rowan Salome Scott Smith Spinks Thomas Webb Wesberry Young Zorn

Those voting in the negative were Senators:

Conway Gordy Johnson of 42nd

Maclntyre McWhorter Searcey

Smalley Tribble Yancey

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the report of the Committee of Conference, the ayes were 43, nays 9, and the report of the Committee of Conference was adopted.

Senator Jackson of the 16th was late for the roll call, but voted and was recorded as voting "Aye".

Senator Carlton of the 21st moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until tomorrow morning at 11:00 o'clock.

WEDNESDAY, JUNE 24, 1964

791

Senate Chamber, Atlanta, Georgia, Wednesday, June 24, 1964.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.
Scripture reading was offered by Dr. Joseph D. Quillian, Jr., Dean of the Perkins School of Theology, Southern Methodist University.

Prayer was offered by the Reverend Kirk Nesbit, pastor, Shallowford Presbyterian Church, Atlanta, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Maclntyre McKinnon Noble Oliver Owens Pelham Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Webb Yancey Young Zorn

Senator Gordy of the 15th reported that the journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees.

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JOURNAL OF THE SENATE,

5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted the report of the conference committee on the follow ing resolution of the House:

HR 63. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing a revised Constitution of Georgia; and for other purposes.

The following bill was read the second time:

SB 18. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and Wesberry of the 37th:
A bill to provide for a convention of the people of Georgia for the purpose of revising, amending or changing the Constitution of this State; to provide the procedure connected therewith; to provide for the submission of any proposed revision, amendment or change in the Con stitution; to repeal conflicting laws; and for other purposes.

Senator Pelhani of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 1.

Respectfully submitted,

Pelham of the 10th District,

Chairman.

WEDNESDAY, JUNE 24, 1964

793

The following resolution was read and adopted:

SR 55. By Senator Downing of the 1st:
A resolution requesting the State Parks Department to assist in main taining cleanliness of the beach area at Savannah Beach; and for other purposes.

Senator Carlton of the 21st moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

794

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Thursday, June 25, 1964.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend Henry T. Daniel, pastor, Sexton Woods Baptist Church, North Atlanta, Georgia.

The roll was called, and the following senators answered to their names:

Brewer Broun of 46th Brown of 34th Coggin Conway Downing Ellis Fincher Gayner Gordy Hall
Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Lee Loggins Moore McKinnon McWhorter Noble
Pelham Phillips

Plunkett Rowan Salome Searcey Smalley Smith Spinks Thomas Webb Yancey Young
Zorn

Senator Gordy of the 15th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.

THURSDAY, JUNE 25, 1964

795

The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House has adopted the following resolution of the House to-wit:

HR 137. By Messrs. Bolton of Spalding, Busbee of Dougherty, Smith of Grady and Mixon of Irwin:
A resolution commending the Honorable Pope B. Mclntire; and for other purposes.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules sub mitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:

SB 18. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments submitted the following report:

Mr. President:

Your Committee on County and Municipal Governments has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 17. Do Pass.

Respectfully submitted, Brown of 34th District, Chairman.

The following local, uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage:

HB 17. By Mr. Jones of Worth:
A bill to provide a new charter for the City of Sylvester in the County of Worth; and for other purposes.

796

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution was read:

SR 28. By Senators Maclntyre of the 40th, Fincher of the 51st, Moore of the 31st, Brewer of the 39th, and many others:
A resolution creating an interim committee to study the feasibility and advisability of placing the Southern College of Pharmacy in Atlanta, Georgia, under the jurisdiction of the Board of Regents; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the president ordered a call of the roll, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Coggin Ellis Fincher Gordy Hall Heard

Holloway Hunt Jackson Johnson of 38th Kendrick Kidd Loggins Moore

McKinnon McWhorter Phillips Searcey Webb Yancey Young Zorn

Those voting in the negative were Senators:

Broun of 46th Downing

Johnson of 42nd Rowan

Smalley Thomas

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 24, nays 6, and the resolu tion, having failed to receive the requisite constitutional majority, was lost.

THURSDAY, JUNE 25, 1964

797

Senator Johnson of the 38th moved that the Senate reconsider its action on SR 28.

On the motion to reconsider, Senator Broun of the 46th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Coggin Ellis Fincher Gordy Hall Heard Holloway Hunt

Jackson Johnson of 38th Kendrick Lee Loggins Moore McKinnon McWhorter Noble

Pelham Phillips Rowan Scott Searcey Webb Yancey Young Zorn

Those voting in the negative were Senators:

Broun of 46th Downing

Johnson of 42nd Smalley

Spinks Thomas

By unanimous consent, verification of the roll call was dispensed with.

On the motion to reconsider, the ayes were 28, nays 6, and the motion prevailed.
On the adoption of the resolution, the ayes were 28, nays 6, and the resolution was adopted.
The following resolutions were read and adopted:
SR 56. By Senator Carlton of the 21st: A resolution relating to interim affairs; and for other purposes.

798

JOURNAL OP THE SENATE,

SR 57. By Senators Kidd of the 25th, Phillips of the 27th and Smalley of the 28th:
A resolution requesting the members of the Conference Committee to be appointed by the President of the Senate to consider the proposed Constitution to consider only those paragraphs in which there is a dis agreement with the House; and for other purposes.

SR 58. By Senators Brown of the 34th, Brewer of the 39th, Yancey of the 33rd, Coggin of the 35th, Smalley of the 28th, Hall of the 52nd and many others:
A resolution commending Honorable Peter Zack Geer, Honorable Harry Jackson, Honorable Milton Carlton, Honorable Julian Webb, Honorable George Stewart, the staff of the Lieutenant Governor and the staff of the secretary of the Senate; and for other purposes.

SR 59. By Senator Webb of the llth: A resolution amending Senate Resolution No. 4; and for other purposes.

SR 60. By Senators Brown of the 34th, Brewer of the 39th and Johnson of the 38th:
A resolution commending Lieutenant S. F. Rains and Patrolman R. M. Black; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House to-wit:

HR 157. By Messrs. Smith of Grady, Bolton of Spalding, and others: A resolution that the General Assembly adjourn sine die at 12:15 p.m.

The following resolution was read and adopted:

HR 137. By Messrs. Bolton of Spalding, Busbee of Dougherty, Smith of Grady and Mixon of Irwin:
A resolution commending Honorable Pope B. Mclntire; and for other purposes.

THURSDAY, JUNE 25, 1964

799

The following resolution was read:

HR 157. By Messrs. Smith of Grady, Bolton of Spalding and others: A resolution that the General Assembly adjourn sine die at 12:15 p.m.

Senator Phillips of the 27th offered the following amendment:
Amend HR 157 by changing the time of adjournment by striking 12:15 and inserting in lieu thereof "12:30"

The amendment was adopted.

The resolution was adopted as amended.

The president appointed as a Committee of Escort to accompany His Excel lency, Governor Carl E. Sanders, to the Senate chamber, the following:

Senators Webb of the llth, Holloway of the 12th, Phillips of the 27th, Loggins of the 53rd, Plunkett of the 30th and Broun of the 46th.

Governor Sanders appeared upon the floor of the Senate, accompanied by the Committee of Escort.

President Geer introduced the Governor, who addressed the Senate with the following remarks:
MEMBERS OF THE HOUSE AND SENATE:
Today I come before you to thank you for your service at this Session of the General Assembly. You have truly extended yourselves far beyond the call of duty during the last eight weeks.
When we first met, we convened under clear skies, and everyone basked in the sunshine of past success and future hope.
During this Session, you were masterful in your deliberations and in your concern for every citizen of our State. We accomplished every purpose for which

800

JOURNAL OF THE SENATE,

we convened, but in the course of our accomplishments, dark clouds gathered, and as we all know now, a judicial storm erupted that would have divided and destroyed men of ordinary courage and character.

Thank God, Georgia was blessed, as she has always been, with men who were strong in their purpose and resolute in their dedication to our State!

This Session gave birth to a new Elections Code which was badly needed, and which administrations and legislatures heretofore were unwilling to tackle or attempt to pass.
You gave life to a new Constitution, complete in every respect and ready for submission to the people; but this bright new hope, wrapped in the labors of the most dedicated group of public servants that I have ever had the pleasure and privilege to know or work with, was taken from us and from the people of the Grand Old State of Georgia by decree of a Federal Court.
This loss cannot be adequately appreciated now, but as time goes on, I feel that for the short while the new Constitution lived, it represented a shining promise for our State.
This is neither a time for tears or sorrow, nor is it a time for rejoicing. These are times that try men's souls and test their character; times when some would become confused and allow their emotions to affect their judgment.
I ask each of you, when you leave here today and return to your homes, to reflect upon the problems we now face and give thought to their resolvement.
I am, as always, willing to accept the responsibility of leadership. The date and time of our next meeting is entirely dependent upon the members of this General Assembly, and I will await your pleasure as to when we should attack the problems that we now know must be resolved in order that the functions of a normal government can resume.

Should we take the time to mourn the setbacks and defeats we experience in life or government, this State might as well be closed for any other business.
We have kept the faith; we have fulfilled the mandate embodied in the motto of the Great Seal of Georgia. . . Wisdom, Justice and Moderation. In so doing, we have responded to the will of the people and we have met the issues to the best of our ability. We have done the very best we know how . . . the very best we can . . . and we will continue to do this to the end.
If in the end our actions come out all right, what has happened in the interim will not count. If the end bears us out as wrong, the applause of all our citizens that all our wrongs were right, will make no difference.
I bid you goodbye in good spirit. Until we meet again, may Almighty God go and be with each and everyone of you.

The following message was received from the House through Mr. Ellard the Clerk thereof:

THURSDAY, JUNE 25, 1964

801

Mr. President:

The House has agreed to the Senate amendments to the following bill and resolution of the House to-wit:

HB 73. By Messrs. Smith of Grady, Jordan of Calhoun, Griffin of Decatur, and Rhodes of Baker:
A bill to amend Code Section 24-2501, relating to judicial circuits of this State, so as to rename the Albany Judicial Circuit as the Sowega Judicial Circuit; and for other purposes.

HR 157. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution relative to the adjournment of the General Assembly.

The House has agreed to the Senate substitute to the following bill of the House:

HB 58. By Mr. Barber of Jackson:
A bill to create and establish the Jackson County Airport Authority; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admini strative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 8. SB 10. SB 11. SB 15. SB 17. SR 12.
Respectfully submitted, Pelham of the 10th District, Chairman.

Pursuant to the provisions of HR 157, the president announced the Senate adjourned sine die at 12:30 o'clock p.m.

OFFICERS
OF THE
STATE SENATE
1964-1965

PETER ZACK GEER. ___._-_.._._.......-.._,,. Lieutenant Governor
MILLER COUNTY

HARRY C. JACKSON................._._.._...__..__ President Pro Tern
MUSCOGEE COUNTY

GEORGE D. STEWART................_.........__...... ................... Secretary
FULTON COUNTY

LOUISE LEAVELL ....,,___..__...__.....................Legislative Assistant
DeKALB COUNTY

REBECCA CAUSEY...............

_

DOUGLAS COUNTY

_Journal Clerk

ANN DUNCAN-_..._._....._.-.___--._..________--Calendar Clerk
FULTON COUNTY

HENRY CASTLEMAN _.,,.__.._............... .........................Doorkeeper
FULTON COUNTY

PRESTON B. LEWIS, JR......_ _
BURKE COUNTY

._ ....Messenger

ANN WEBB __....._....._..___.__........._....____, .Message Clerk
FULTON COUNTY

Senate Journal 1964
Extraordinary Session

806

INDEX

PART I
ALPHABETICAL INDEX
(For numerical index, see page 813)

Address; Sanders, Governor Carl----...---------.----------._-----------.--------11, 799 Adjournment, HR 157.------..._------------___________----------...................798, 799, 801 Albany Judicial Circuit; rename as Sowega Judicial
Circuit, HB 73.-------.-____------....------------------580, 749, 766, 801 Alma, City of; corporate limits, HB 52------------------296, 297, 301, 321, 329 Alma, City of; create new charter, HB 4____.____.__.__37, 39, 45, 54, 210 Alpharetta, City of; change corporate limits,
SB 10 ___.__.._.______.._-_----------------44, 50, 54, 209, 231, 398, 801 Appropriations Bill; supplement, HB 1----........_..__.........__...._--..--......22, 26, 28, 30 Appropriations for Legislative Branch; provide
for, HB 69------------___..------------------..___----.531, 532, 580, 673, 696 Area Development Administration; relative to, HB 65--------------------388, 689 Atkinson County; appointment of solicitor general of
county court, HB 19__._.._------------------__------------------..49, 54, 312 Atlanta, City of; amend charter, SB 8------------28, 34, 54, 208, 231, 398, 801 Atlanta, City of; amend charter, SB 17--------------.388, 399, 500, 513, 672, 801 Atlanta, City of; employees' pensions, HB 33--------------------270, 271, 273, 289 Atlanta, City of; maximum pension benefits for
employees, HB 34.------__----...-------------------------- 270, 272, 273, 289 Atlanta, City of; Police Department, pensions, HB 32.--------270, 271, 273, 289 Atlanta, City of; salary of aldermen, HB 31----.----------270, 271, 288, 306, 327 Atlanta-Fulton County Recreation Authority;
amend act creating, SB 14----_...----------.236, 252, 306, 325, 373, 497, 513 Atlanta Municipal Stadium Construction Site; relative to, HB 30------188, 194 Atlanta Times; commend officials of, HB 85.------------------.------.------...432 Attaches and Employees of Senate; relative to, SR 3------------------..-----8 Attaches and Employees of Senate; relative to, SR 13------------.------------.. 32
B
Bacon County; provide salary for sheriff in lieu of fee system, HB 36------__--------------....------..----250, 251, 272, 321, 327
Bainbridge-Decatur County Beverage Control Board; create, HB 32_..--------...__--------------250, 252, 322, 471, 559, 750, 762
Baker County; abolish fee system for sheriff, HB 49...------.295, 296, 322, 328 Baker High School Track Team; commend, SR 33------------------------------324 Barnesville, City of and County of Lamar Development
Authority; create, HR 36__------............._.__....--------........288, 298, 322, 365 Barrow County; commissioners' compensation, HB 50...--295, 297, 301, 500, 504 Barrow County; provide salaries for officers in lieu
of fee system, HB 51------------.....-----.--------295, 297, 301, 500, 502, 578

INDEX

807

Barrow County Industrial Authority; change name, HR 48-_______--.----------------------------300, 301, 306, 433, 536
Berrien County; compensation of commissioners, SB 9--------44, 49, 54, 209, 231 Berrien County; compensation of commissioners, HB 24 -194, 195, 207, 208, 238 Bivins, Joseph T. commend, SR 11------------------------------------------------23 Black, Hon. Raymond M.; commend, SR 26------------.--------------------------251 Black, Patrolman R. M.; commend, SR 60.__-------__.__----.------------------798 Board of Education; working time for school teachers, SR 20_-------208, 227, 235 Byrd, Senator Garland; commend, SR 51------------------------------------_727 Byromville, Town of; corporate limits, HB 13------.----------40, 45, 54, 214, 250

c
Carroll County; election of justice of peace, HB 44.----------270, 272, 289, 327 Castleman, Mrs. James Woods; regrets at passing, SR 14----_----______ 32 Catoosa County; board of tax administrators, HR 83----529, 531, 580, 673, 685 Catoosa County; clerk of superior court, bond, HR 27----228, 230, 236, 274, 290 Catoosa County; commissioners' bond, HB 26--------------.228, 230, 236, 274, 290 Catoosa County; sheriff's bond, HB 28----------------------228, 230, 237, 274, 291 Charlton County Development Authority; create, HR 28------.229, 231, 237, 361 Clarke County; board of education, HR 34----------------------------_.250, 252 Cobb County; annexing of territory outside cities, SR 37------415, 433, 499, 724 Cobb County; maintenance of sidewalks, SR 12----25, 28, 29, 253, 285, 529, 801 Cobb County; commissioners of roads and revenue, SB 6------.25, 28, 29, 35, 41 Cobb County; commissioners, SB 16----------------------------306, 321, 389, 401 Cobb County; commissioners, HB 64------.------------------_..-399, 415, 500, 505 Cobb County; increase number of tax assessors, SR 40----_--------...------._531 Cobb County; annexation of territory by municipalities, HR 20............194, 196, 273,
331, 348, 377, 399 Columbus, City of; compensation of commissioners, HB 75--498, 512, 581, 695 Committee relating to Southern College of Pharmacy;
create, SR 28----.___-_--------...........----------------__...251, 272, 750, 796 Committee to study means for promoting cooperation between
Dept. of Health and Dept. of Corrections, SR 53----....------...------____....728 Conference Committee on proposed Constitution, relative to, SR 57-..---------798 Constitution of Georgia; revise, SR 6------_--------------------------------10 Constitution of Georgia; revise, HR 6----300, 306, 307, 333, 374, 393, 401, 416,
434, 476, 505, 513, 559, 581, 698, 699, 703, 766 Constitutional Convention; calling of, SR 19____._.____------------49, 53 Constitutional Convention; provide for, SB 18--_----------------------749, 792, 795 Coweta County; salaries of county officers, HB 16--.--------38, 40, 46, 54, 212 Coweta Judicial Circuit; salary of Asst. Solicitors General,
HB 18--------------------------------.------..------.-.-....--------49, 53, 54, 213 Coweta Judicial Circuit, SB 7--------------------------------------27, 34, 55, 188

D
DeKalb County; salaries of elected county officials, HB 9.----37, 39, 45, 54, 211 Dougherty Judicial Circuit; create, HB 2----__--------24, 25, 28, 55, 189, 206

808

INDEX

Douglasville, City of; corporate limits, HB 74--..----_-497, 498, 512, 581, 695 Dublin, City of; grant new charter, HB 79--.-------------578, 579, 674, 761

E
Early County; tax commissioners' compensation, HB 60--...._ 305, 321, 500, 504 Education, State Board of; working time for school
teachers, SR 20.--._............._...........___------_.__--___.-----.._......___--___.208, 227, 235 Election Code; revise,
SB 1__--...___.---- 17, 20, 50, 52, 55, 186, 189, 196, 217, 226, 232, 238, 267, 274, 284, 448, 472, 653, 672, 699, 702, 706, 723, 729, 792
Elizabeth, Town of; grant new charter, HB 25-------------,,------------------194, 195, 207, 274, 326, 414, 500, 501, 530

F
Federal Courts; request Congress to limit jurisdiction, HR 108----------... 698 Federal Courts; urge Congress to introduce legislation to
limit jurisdiction, SR 43----------------------_.. __..._.----___....--722, 746, 749 Fincher, Mr. R. W.; regrets at passing, HR 37----------------.----______. 206, 208 Forestry Field Day Program; acceptance by General Assembly
to attend, SR 7--..--..-........._-- --__..__...____._______________________._...__...________.______.___8, 204 Forsyth, City of; voting machines, HB 77....__...__....__.______.___.497, 499, 512, 581, 696 Forsyth County; commissioners, HB 48..----------.__----___________.296, 301, 321, 324 Fort Oglethorpe, Town of; passage of city ordinances,
HB 29-----------------------------------------..-.--.228, 230, 237, 274, 291 Franklin, City of; grant new charter, HB 67----------------497, 498, 512, 581, 694 Fulton County; judges' and solicitors' retirement
fund, SB 12 _________________________ 25, 188, 196, 208, 209, 231, 399, 576 Fulton County; Police Department, uniforms, HB 30--.---270, 271, 288, 306, 326 Fuqua, Senator J. B.; commend, SR 45-----------------------------------. .. ... 725

G

Geer, Hon. Peter Zack; commend, SR 42-------------------------------------- .....700

Georgia Health Code; extend time for issuance of

revenue certificates, SB 5----..........................--..--------22, 25, 29, 32, 41, 206

Georgia Sheriffs Boys' Ranch; relative to, SR 52------............______________..............-728

Georgia Institute of Technology; express appreciation

to faculty and staff, SR 35----------.--------------

348

Gibbons, Mrs. William M.; regrets at passing, HR 21----....______--...,,_.___........44, 46

Gillis, Hon. Jim L.; commend, SR 38--._--------------------....._____.___.____..__----.... 512

Gordon County; compensation of commissioner's clerk,

HB 15-.------------.--------------____--........----------------38, 40, 46, 500, 503

Gordon County; sheriff's salary, HB 14--......____----------------38, 40, 46, 321, 390

INDEX

809

Governor's Commission on Efficiency and Economy in Government; investigate Stone Mtn. Memorial project, SR 30------------------300, 318, 322
Griffin, Dean George C.; commend, SR 23--------.------ .------------------ 229

H
Hall of Flags Annex; request establishment of, SR 41---------------------703 Harrison, Senator Harold; commend, SR 48---------------------------------..726 Hazlehurst, City of; close certain streets, HB 76----..----497, 498, 512, 581, 696 Health Code, Georgia; revenue certificate, SB 5----.22, 25, 29, 32, 41, 206, 703 Heard, Senator R. Shaefer; commend, SR 27------------------------.---------- 251 Henry County; sheriff's compensation, HB 63------348, 349, 388, 500, 504, 749 High School Bands, in Georgia; commend, SR 24--------------------------. 229 Highway Department, State; prepare report covering
certain matters, SR 39----------------...__..----------....--------..------------723 Hill, Honorable Render; commend, HR 95----------_----------------------------475 Hogansville, City of; ad valorem tax, HB 57------------296, 298, 302, 321, 330 Hospital Authorities Law; revenue certificates,
SB 4.----_------..-------------.----...-----.22, 25, 29, 31, 41, 206, 703 House of Representatives; reapportion, SR 44------------------------------.--.725

I Ireland, Hon. William Earl; commend, SR 36----------..------------ --- 348

Jackson County; create Airport Authority, HB 58--... 414, 415, 433, 750, 801 Jasper County; board of education, HR 12------------.. ------..38, 41, 46, 273, 350 Jesup, City of; corporate limits, HB 46---------------- -----270, 272, 289, 321, 328 Jesup, City of; establish City Court, HB 7--------........--------.37, 39, 45, 54, 211 Joint Session; congratulate Governor on his birthday, HR 19--...........-------- 38, 41 Joint Session; messages from Governor, HR 7------------------------ ------.. 9 Jones County; sheriff's salary, HB 20----------------194, 195, 206, 207, 274, 290
K
Kendrick, Senator Edward S. and sons; commend, SR 22------------.. .---- 236 Kennedy, Senator Edward M.; invitation to visit Senate, SR 5------------------8 Knox, Senator Wyck; commend, SR 50 .---.---------------------..------------..726
L
Laurens County; commissioners, HB 78 --...----_------ . -- ------...578, 579, 674, 761 Lavonia, City of; grant new charter, HB 35.----------229, 230, 237, 274, 291, 305 Lookout Mountain Judicial Circuit; add
one judge, SB 13--.--------------------..----236, 252, 274, 285, 475, 492, 510

810

INDEX

M

Macon, City of; land conveyance, HB 5__--___--_________.....37, 39, 45, 389, 390 Marietta, City of; corporate liimts, HB 66.___.___.414, 415, 433, 500, 502, 530 Marietta Pony League Team; commend, SR 25-----_----___-_____________----230 Mclntire, Hon. Pope B.; commend, HR 137__--_______________________________----795, 798 Mileage; members of Senate, SR 4____----______________.____________________________________8 Mileage; members of Senate, SR 59--______________________________________-------798 Milledgeville-Baldwin County Recreation Authority;
create, HR 50___.__-______--_____________________432, 476, 499, 541, 702 Miller, Senator Zell; commend, SR 49--____------___________,,____--___.___------__________726 Monroe County; authorize use of voting machines, HB 80------.578, 579, 674, 761 Moultrie, City of; corporate limits, HB 65-________347, 389, 500, 505, 579, 672, 706 Moultrie, City of; offenders against ordinances,
penalties, HB 47_---_...,,._---._..--___------------.294, 296, 301, 321, 328 Moultrie-Colquitt County Development Authority;
clarify provisions, HR 63----.__..----------..___._____529, 531, 580, 672, 678, 792 Murphy, Honorable Rupert; relative to, SR 54--_--__--------_______________728 Muscogee County; ad valorem taxes, HR 88------._------530, 532, 580, 673, 744

N
National Boy Scouts of America Jamboree; attendance of, HR 55--_______--_. 298 North Atlanta, Village of; abolish charter, HB 8______._--37, 39, 45, 54, 211 Notifying Governor that General Assembly has convened, HR 2--------____-__9 Notifying House that Senate has convened, SR 1___--_------_--_--___--...--8 Notifying Senate that House has convened, HR 1--____----_----------______------____9
o
Ocilla-Irwin County Development Authority; create, HR 27 ___--_-_____--__----_-_--__------------_____--229, 231, 237, 322, 355
Officers of Senate; commend, SR 58--______________________._____----_____________________798 Oliver, Senator Clinton; commend, SR 46-------___--__--------------_-__.725

P
Padgett, Norman L.; commend, SR 11_______________--_______------__--__--___------23 Paulding County; commissioner's compensation, HB 54----295, 297, 302, 321, 329 Paulding County; salaries in lieu of fees for
County officers, HB 53.___------_----_------________-295, 297, 301, 321, 329 Paulding County; tax commissioner's compensation,
HB 55____._----------------------__------------__.295, 296, 297, 302, 321, 330 Pelham, Senator Glenn; commend, SR 47-_----.------------------------------------725 Phillips, Senator Taylor; commend, SR 34--_-.------------------324, 373, 399 Plains High School Baseball Team; commend, SR 31-...--._--_--------_...._._----300

INDEX

811

Plunkett, Senator Lamar R.; commend, SR 17-----_-_------------------------_41 Police Families Relief Fund Week; provide for, HE 41------------------229, 230 Polk County; board of education, HR 38------------__-529, 531, 579, 673, 674 Powder Springs, City of; corporate limits, HB 56.-------296, 297, 302, 321, 330

R
Rains, Lieut. B. F.; commend, SR 60------------_----_----_----------..----....----798 Richards, Hon. Roy; commend, SR 16.--_------_--__......._....__------_........ 33 Rockdale County; board of education, HR 33.___--------------250, 252, 416, 534 Rockdale County-Conyers Water Authority; recreate,
HR 49------.------------_..------.------------....------.----.------ 320, 322, 349, 539 Rodgers, Hon. Paul; commend, SR 29._.__...._..._------........-------------_-----284 Roswell, City of; corporate limits, SB 11--------_44, 50, 54, 210, 231, 398, 801 Russell, Senator Richard B.; commend, HR 11------------._--.......------_._20, 23
s
Sanders, Governor Carl E.; address------------------------------------__11, 799 Sanders, Governor Carl E.; congratulate on birthday, HR 29--...--......--------50 Savannah Beach; State Parks Dept. to assist in maintenance, SR 55--___--793 School Teachers; working time, SR 20----------------_----__-_208, 227, 235 Screven County; board of education, HR 57----.-___----349, 389, 416, 556, 702 Screven, Town of; corporate limits, HB 6--------.__----__----37, 39, 45, 54, 211 Screven, Town of; reincorporate town as city, HB 11-_------37, 40, 45, 54, 212 Seaboard Air Line Railroad; appreciation for invitation
to Forestry Field Day, HR 23--------------------------~~--.............----44, 47 Seminole County; consolidate offices of tax receiver and
tax collector, SB 2..____.._------..--------------..17, 20, 29, 30, 41, 229, 703 Seminole County High School Girls' Basketball Team; commend, SR 8--------18 Senate; hold-over, SR 56-------------------.--------------....----------------797 Senate Members; mileage, SR 4------...--------_----------------...----------_--8 Senate Members; mileage, amend SR 4, SR 59...--------------.----------------798 Senate Officers; commend, SR 58.------._.----------------------------------..------798 Senate Rules; add Rule 127-A, SR 32----------------_--------..-....----------.----302 Senate Rules; adopt, SR 2---------------.__.,,-...--_--....-..---_--------..------... 8 Senate Rules; amend as to consideration of amendments
to a new Constitution, SR 21--................_----------------------206, 231 Shedd, Hon. J. P.; regrets at passing, SR 9------------------------------------.20 Smalley, Mrs. Robert H., Jr.; regrets at passing, SR 10----------------------23 Southern College of Pharmacy, create committee
relating to, SR 28--_----_.------------------------------_-251, 272, 750, 796 Spalding County; issuance of revenue bonds, HR 84--_529, 532, 580, 673, 687 State Board of Education; working time for school teachers,
SR 20----..__----_____-.-----------------------------------208, 227, 235 Statesboro, City of; violations of traffic laws,
trials, HB 68-.----------------_.----------------------------474, 475, 499, 581, 694 Stewart, George D.; extend best wishes on birthday, SR 18...------..----....------46

812

INDEX

Stone Mountain; corporate limits, HB 70_.__.__....--_..._.475, 476, 499, 581, 695 Stone Mountain Memorial Project; Governor's Commission
to investigate, SR 30-._...._.__----------------------_..------.300, 318, 322 Strickland, "Uncle Joe"; congratulate, SR 15--__.......__----------------------------33 Sylvester, City of; grant new charter, HB 17----------.----------260, 251, 272, 795

T
Talmadge, Senator Herman E.; commend, HR 11--._----------------------20, 23 Thomas County; issuance of revenue bonds, HR 72------529, 531, 580, 673, 682 Thomaston Office Building Authority;
create, HR 14----------------------------38, 41, 46, 196, 254, 492, 498, 532, 702 Toccoa, City of; Civil Service Board, HB 59----------------------305, 320, 322, 393 Toombs County; sheriff's salary, HB 3....._._.._...__._..__._..--...........36, 39, 44, 208, 213 Towns County; sheriff's salary, HB 43..____.______----......_....250, 252, 273, 500, 503 Troup County; abolish certain offices in 655th Militia
District, HB 62--..---------.----_-----------------------414, 415, 433, 674, 694
u
Unadilla, City of; close certain alley, HB 21___.__--_.__._.._.194, 195, 207, 208, 237 Unadilla, City of; corporate limits, HB 22____...--------.._194, 195, 207, 208, 238 Union County; abolish office of treasurer, HB 45___._____________.__.270, 272, 289, 500 Union County; commissioners, HB 12--___------_,,_------______------37, 38, 40, 45 Union County; tax commissioner's compensation, HB 61-.----------. 305, 306, 321

V
Vidalia, City of; corporate liimts, HB 42.----_------_------------250, 251, 273, 392
w
Walker County; commissioner's salary, HB 72--------475, 476, 499, 674, 692, 706 Walton County; sheriff's salary, HB 23------------........----194, 195, 207, 306, 326 War on Poverty Program; include Chattahoochee and
Flint River basins, HR 115----.....--------------.----------........672, 704, 746 Ware County; board of education, HR 13----------------------------___...288, 298, 322 Wilkes, Honorable Wilson; commend, HR 95.-------...--------------------------475 Wills; probation of, provide for witnesses, SB 3------.------19, 22, 29, 31, 41, 271 Winder, City of; term of mayor, SB 15----271, 289, 306, 325, 373, 748, 765, 801

INDEX

813

PART II

SENATE BILLS AND RESOLUTIONS

NUMERICAL TABULATION

SB 1--Election and Primary Laws; revise--------------17, 20, 50, 52, 55, 186, 189, 196, 217, 226, 232, 238, 267, 274, 284, 448, 472, 653, 672, 699, 702, 706, 723, 729, 792
SB 2--Seminole County; consolidate offices of tax receiver and tax collector -..-.._________-__.___.__,-___-_,___...-..17, 20, 29, 30, 41, 229, 703
SB 3--Wills; provide for witnesses to, probation of------.19, 22, 29, 31, 41, 271 SB 4--Hospital Authorities Law; extend time for issuance
of revenue certificates --------------------22, 25, 29, 31, 41, 206, 703 SB 5--Georgia Health Code; extend time for issuance of
revenue certificates .---__,,__--___.__.----___.____.22, 25, 29, 32, 41, 206, 703 SB 6--Cobb County; Board of Commissioners of Roads and
Revenues, create ......._...--------------------------------25, 28', 29, 35, 41 SB 7--Coweta Judicial Circuit; solicitor general, salary.------27, 34, 55, 188 SB 8--Atlanta, City of; amend charter-._______..28, 34, 54, 208, 231, 398, 801 SB 9--Berrien County; compensation of Board of Commissioners
of Roads and Revenues----------------------------44, 49, 54, 209, 231 SB 10--Alpharetta, City of; change corporate
limits __--__----_-----------.------------44, 50, 54, 209, 231, 398, 801 SB 11--Roswell, City of; change corporate
limits _.__---_---------.---------- 44, 50, 54, 210, 231, 398, 801 SB 12--Fulton County; judges' and solicitors'
retirement fund ------------------25, 188, 196, 208, 209, 231, 399, 576 SB 13--Lookout Mountain Judicial Circuit; add one
judge ------.--_----_----------------236, 252, 274, 285, 475, 492, 510 SB 14--Atlanta-Fulton County Recreation Authority; amend
act creating.----_--...----------------236, 252, 306, 325, 373, 497, 513 SB 15--Winder, City of; term of mayor----271, 289, 306, 325, 373, 748, 765, 801 SB 16--Cobb County; board of commissioners----------------306, 321, 389, 401 SB 17--Atlanta, City of; amend charter--------------388, 399, 500, 513, 672, 801 SB 18--Convention of People of Georgia; to revise Constitution;
provide for ----.------_------------------------_----__----749, 792, 795
SR 1--Notify House that Senate has convened----------------------------------8
SR 2--Rules of Senate; adopt _.------------_------------__.......----------------8
SR 3--Senate Attaches and Employees; relative to.-------__._------------------8
SR 4--Mileage; relative to...----------------------......--___________.__--,,..,,----_.._...._.._8
SR 5--Kennedy, Senator Edward M.; invitation to visit Senate----------------8
SR 6--Constitution of Georgia; revise------------------------.------------------10
SR 7--Seaboard Air Line Railroad; General Assembly invited to
attend Forestry Day Program ------------------------ ----------8, 204

814

INDEX

SB 8--Seminole County High School Girls' Basketball Team; commend ,,_18 SR 9--Shedd, Hon. J. P.; regrets at passing--.--.--.--------------------------__20 SR 10--Smalley, Mrs. Robert H. Jr., regrets at passing.--------------..._______ 23 SR 11--Bivins, Joseph T. and Padgett, Norman L.; commend------------------23 SR 12--Cobb County; authorize to repair and maintain sidewalks
within county ----------------------25, 28, 29, 253, 285, 529, 801 SR 13--Senate Attaches and Employees; relative to----------------------__.32 SR 14--Castleman, Mrs. James Woods (Sally Estes); regrets at passing-__32 SR 15--Strickland, "Uncle Joe"; congratulate.-----------------------------33 SR 16--Richards, Hon. Roy; commend.--------------.---------_--------_--------33 SR 17--Plunkett, Senator Lamar R.; commend.---------------.----__.__._--41 SR 18--Stewart, George D.; extend birthday greetings to----------____...46 SR 19--Constitutional Convention; calling of----------_----------_.--49, 53 SR 20--State Board of Education; working time for school teachers
for work performed outside of school building------.----208, 227, 235 SR 21--Senate Rules; amend as to consideration of amendments
to a new constitution----------_..--------------------------_206, 231 SR 22--Kendrick, Senator Edward S. and Sons; commend-....-_...----...___.236 SR 23--Griffin, Dean George C.; commend--------__--.------------_____-229 SR 24--High School Bands in Georgia; commend----.------------------___..229 SR 25--Marietta Pony League Team; commend-.--------__....----._._--.230 SR 26--Black, Honorable Raymond M.; commend.----------------------___..251 SR 27--Heard, Senator R. Shaefer; commend..----------------_...--._.__.251 SR 28--Committee; relating to Southern College of Pharmacy,
create.-------------------------------------251, 272, 750, 796 SR 29--Rodgers, Hon. Paul; commend--------------------____----------____284 SR 30--Governor's Commission on Efficiency and Economy in Government;
investigate Stone Mountain Memorial project----------300, 318, 322 SR 31--Plains High School Baseball Team; commend.........................._..300 SR 32--Senate Rules; add Rule 127-A----...----___--------------____302 SR 33--Baker High School Track Team; commend............----.............._._._324 SR 34--Phillips, Senator Taylor; commend---..----.____.......--..324, 373, 399 SR 35--Georgia Institute of Technology; express appreciation
to faculty and staff ._....---- ...--........___--------------___....348 SR 36--Ireland, Hon. William Earl; commend------------------------__--348 SR 37--Cobb County; annexing territories outside cities .----415, 433, 499, 724 SR 38--Gillis, Hon. Jim L.; commend----------------__-_.----._...____512 SR 39--State Highway Department; prepare factual report covering
certain matters __---------------- .----------___.--------------___--723 SR 40--Cobb County; increase number of tax assessors--_._._.--.._..--531 SR 41--Hall of Flags Annex; request establishment of--------------__._703 SR 42--Geer, Hon. Peter Zack; commend----------------------------_____..700 SR 43--Urge Congress to introduce legislation to limit Federal
Court jurisdiction --------------------------------722, 746, 749
SR 44--House of Representatives; reapportion--------------------_...----725
SR 45--Fuqua, Senator J. B.; commend--..--_____---------------__--.--725
SR 46--Oliver, Senator Clinton; commend..--------------------------......----725
SR 47--Pelham, Senator Glenn; commend......._.....__----...----..._.__-...--725
SR 48--Harrison, Senator Harold; commend--------------------__.__.._.726
SR 49--Miller, Senator Zell; commend-.....------------------------.------_.--726

INDEX

815

SR 50--Knox, Senator Wyck; commend-_------_----------_--------------726 SR 51--Byrd, Senator Garland; commend-...-.....-...----------------_--________727 SR 52--Georgia Sheriffs Boys' Ranch; relative to ----------------------__....728 SR 53--Committee to study means for promoting cooperation Department
of Health and Department of Corrections; create.----------------..728 SR 54--Murphy, Hon. Rupert; relative to------_---_------.----------------728 SR 55--Savannah Beach; State Parks Department to assist in
maintenance ,,___------------------__----......----~~----------...--__793 SR 56--Senate; hold over _._--------__----._----..._..------__._--------_.__.....797 SR 57--Conference Committee on proposed Constitution; relative to.--------798 SR 58--Officers of Senate; commend------------_.------------_----_-_------.798 SR 59--Mileage of Senators; amend SR 4.--------------_--.------------------798 SR 60--Rains, Lieutenant B. P. and Patrolman R. M. Black; commend------798

PART III
HOUSE BILLS AND RESOLUTIONS
HR 1--Notify Senate House has convened----------------------------------------9 HR 2--Notify Governor that General Assembly has convened..------.----------.9 HR 6--Constitution of Georgia; revise ----------.---- 300, 306, 307, 333, 374, 393,
401, 416, 434, 476, 505, 513, 559, 581, 698, 699, 703, 766 HR 7--Joint Session; message from Governor----.------------------....------9 HR 11--Russell, Senator Richard B. and Talmadge, Senator Herman
E.; commend .----------------_--------. ...----------..... _..... 20, 23 HR 12--Jasper County; residence of members of board
of education ._.._--.------._--------.--------------___..38, 41, 46, 273, 350 HR 13--Ware County; election of members of board of
education ---.....----------.--------__----__.._.----..___._.-- 288, 298, 322 HR 14--Thomaston Office Building Authority; create----....38, 41, 46, 196, 254,
492, 498, 532, 702 HR 19--Joint Session; congratulate Governor Sanders on his
39th birthday .-.-.,,-.__._.--....---.--_---.--------.------------------38, 41 HR 20--Cobb County; prohibit annexation of territory within limits
of county by a municipality-....----.194, 196, 273, 331, 348, 397, 399 HR 21--Gibbons, Mrs. William M.; regrets at passing--------------------...44, 46 HR 23--Seaboard Air Line Railroad Company; appreciation for
invitation to Forestry Field Day Program.___--_--------------44, 47 HR 27--Ocilla-Irwin County Industrial Development
Authority; create --------------_--------------229, 231, 237, 322, 355 HR 28--Charlton County Development Authority; create---- 229, 231, 237, 361 HR 29--Sanders, Governor Carl E.; congratulate on birthday----------------.50 HR 30--Atlanta Municipal Stadium Construction Site; relative to.------188, 194 HR 32--Bainbridge-Decatur County Beverage Control Board;
create.------------------.._------------.. 250, 252, 322, 471, 559, 750, 762 HR 33--Rockdale County; add two members to board
of education-----._------_-----------------------250, 252, 416, 534 HR 34--Clarke County; election of members of board of
education ....--......-._._._.._.---_----.._-....--...--------------.250, 252

816

INDEX

HE 36--Barnesville, City of and County of Lamar Development Authority; create _.------------..._....-----__----------288, 298, 322, 365
HR 37--Fincher, Mr. R. W.; regrets at passing--------_------_________...----206, 208 HR 38--Polk County; remove certain provisions relating to board of
education _...........--------------------------529, 531, 579, 673, 674 HR 41--Police Families Relief Fund Week; provide for.------------------229, 230 HR 48--Barrow County Industrial Authority; change
name-----------------.------.------.--.-------------300, 301, 306, 433, 536 HR 49--Rockdale County-Conyers Water Authority;
recreate ----........---------____----------------320, 322, 349, 539 HR 50--Milledgeville-BaldwinCounty Recreation Authority;
create -------------------------.------_............---432, 476, 499, 541, 702 HR 55--National Boy Scouts of America Jamboree; attendance.--.--._________,,298 HR 57--Screven County; board of education-...____._---..-349, 389, 416, 556, 702 HR 63--Moultrie-Colquitt County Development Authority; clarify
provisions..----------------------------------.529, 531, 580, 672, 678, 792 HR 65--Area Development Administration; relative to.----------------388, 689 HR 72--Thomas County; revenue bonds----..----------------529, 531, 580, 673, 682 HR 83--Catoosa County; board of tax administrators...--. 529, 531, 580, 673, 685 HR 84--Spalding County; revenue bonds.----------------529, 532, 580, 673, 687 HR 85--Atlanta Times; commend officials of ....._---------------------- .432 HR 88--Muscogee County; ad valorem taxes .------------530, 532, 580, 673, 744 HR 95--Wilkes, Hon. Wilson and Hill, Hon. Render; commend --------.............475 HR 108--Federal Courts; request Congress to limit jurisdiction ----------578, 698 HR 115--War on Poverty Program; include Chattahoochee and Flint
River basins --------------------------------------.........672, 704, 746 HR 137--Mclntire, Hon. Pope B.; commend .--------.----------..__._.....795, 798 HR 157--Adjournment of General Assembly ------..........-.................798, 799, 801

HOUSE BILLS
HB 1--Appropriations Bill; supplement.----------------------.22, 26, 28, 30 HB 2--Dougherty Judicial Circuit; create--.----------24, 25, 28, 55, 189, 206 HB 3--Toombs County; sheriff's salary.--------_-____36, 39, 44, 208, 213 HB 4--Alma, City of; create new charter----__----------37, 39, 45, 54, 210 HB 5--Macon, City of; convey certain land--------------37, 39, 45, 389, 390 HB 6--Screven, Town of; extend corporate limits-----------37, 39, 45, 54, 211 HB 7--Jesup, City of; establish city courts ......__.----------37, 39, 45, 54, 211 HB 8--North Atlanta, Village of; abolish charter-__.__..37, 39, 45, 54, 211 HB 9--DeKalb County; salaries of elected county officials--.37, 39, 45, 54, 211 HB 11--Screven, Town of; reincorporate town as city--------.37, 40, 45, 54, 212 HB 12--Union County; create board of commissioners of
roads and revenues--------------------------_......----37, 38, 40, 45 HB 13--Byromville, Town of; extend corporate limits.------40, 45, 54, 214, 250 HB 14--Gordon County; salary of sheriff and
deputy sheriff-------.--.------.------......38, 40, 46, 321, 390 HB 15--Gordon County; compensation of clerk of
commissioner of roads and revenues.----......--... -38, 40, 46, 500, 503 HB 16--Coweta County; salary of clerk, sheriff
and ordinary .___------------------------...------------38, 40, 46, 54, 212

INDEX

817

HB 17--Sylvester, City of; grant new charter-----------250, 251, 272, 795 HB 18--Coweta Judicial Circuit; salary of assistant
solicitor general _........_.._.._......_.......__----------.--------49, 53, 54, 213 HB 19--Atkinson County; appointment of solicitor general
of county court.----.._...__._.____.._----------------------------49, 54, 213 HB 20--Jones County; sheriff, salary in lieu
of fee-----------------------_........---194, 195, 206, 207, 274, 290 HB 21--Unadilla, City of; close certain alley----__--194, 195, 207, 208, 237 HB 22--Unadilla, City of; corporate limits----------__-194, 195, 207, 208, 238 HB 23--Walton County; sheriff, salary in lieu of fee--_194, 195, 207, 306, 326 HB 24--Berrien County; compensation of
commissioner ----_.___._--.____.------------194, 195, 207, 208, 238 HB 25--Elizabeth, Town of; grant
new charter ..........____194, 195, 207, 274, 326, 414, 500, 501, 530 HB 26--Catoosa County; commissioners' bond-------228, 230, 236, 274, 290 HB 27--Catoosa County; clerk of superior court, bond--228, 230, 236, 274, 290 HB 28--Catoosa County; sheriff's bond.__--------------228, 230, 237, 274, 291 HB 29--Fort Oglethorpe, Town of; passage of City
ordinances _--------------______------__------------228, 230, 237, 274, 291 HB 30--Fulton County; Police Department, uniforms-270, 271, 288, 306, 326 HB 31--Atlanta, City of; salary of aldermen--.--__-270, 271, 288, 306, 327 HB 32--Atlanta, City of; Police Department, pensions.--_.270, 271, 273, 289 HB 33--Atlanta, City of; employee's pensions-----_...._...270, 271, 273, 289 HB 34--Atlanta, City of; maximum pension benefits for
employees _._...__------_----------------------------270, 272, 273, 289 HB 35--Lavonia, City of; grant new charter......_.229, 230, 237, 274, 291, 305 HB 36--Bacon County; sheriff, salary in lieu of fee__250, 251, 272, 321, 327 HB 42--Vidalia, City of; corporate limits--.__,,___-_._-250, 251, 273, 392
HB 43--Towns County; sheriff, salary in lieu of fee.----250, 252, 273, 500, 503
HB 44--Carroll County; election of justice of peace--...270, 272, 289, 306, 327 HB 45--Union County; abolish office of treasurer----------270, 272, 289, 500
HB 46--Jesup, City of; corporate limits--_------------270, 272, 289, 321, 328
HB 47--Moultrie, City of; offenders against ordinanceS-294, 296, 301, 321, 328
HB 48--Forsyth County; commissioners--------------------------296, 301, 321, 324
HB 49--Baker County; sheriff, salary in lieu of fee._..295, 296, 301, 322, 328
HB 50--Barrow County; commissioners' compensation--295, 297, 301, 500, 504
HB 51--Barrow County; officers, salary in lieu of fee--__--__..._____...._...__------295, 297, 301, 500, 502, 578
HB 52--Alma, City of; corporate limits...----.....--------296, 297, 301, 321, 329
HB 53--Paulding County; officers, salary in lieu of fee..--.___----__----....----._._.....--.295, 297, 301, 321, 329
HB 54--Paulding County; commissioners' compensation__295, 297, 302, 321, 329
HB 55--Paulding County; tax commissioner's compensation --------------------------------295, 296, 297, 302, 321, 330
HB 56--Powder Springs, City of; corporate limits.------295, 297, 302, 321, 330
HB 57--Hogansville, City of; ad valorem tax------------296, 298, 302, 321, 330
HB 58--Jackson County; create Airport Authority.------414, 415, 433, 750, 801
HB 59--Toccoa, City of; Civil Service Board--__.__----------305, 320, 322, 393 HB 60--Early County; tax commissioner's compensation----305, 321, 500, 504

818

INDEX

HB 61--Union County; tax commissioners compensation.-,,--...__ 305, 306, 321 HB 62--Troup County; abolish certain officers in 655th
Militia District..--.----__-----._----------...414, 415, 433, 674, 694 HB 63--Henry County; sheriff's compensation.... ^.348, 349, 388, 500, 504, 749 HB 64--Cobb County; commissioners._--_.------------------.399, 415, 500, 505 HB 65--Moultrie, City of; corporate limits--...349, 389, 500, 505, 579, 672, 706 HB 66--Marietta, City of; corporate limits_--------.414, 415, 433, 500, 502, 530 HB 67--Franklin County; grant new charter.---------497, 498, 512, 581, 694 HB 68--Statesboro, City of; provide for trial of traffic law
violators ...__..._...._..__--------------------474, 475, 499, 581, 694 HB 69--Appropriations for legislative branch; provide
for __-____------------------------------- 531, 532, 580, 673, 696 HB 70--Stone Mountain; corporate limits.......-.......------475, 476, 499, 581, 695 HB 72--Walker County; commissioner's salary----475, 476, 499, 674, 692, 706 HB 73--Albany Judicial Circuit; rename as Sowega
Judicial Circuit--------------------_....530, 532, 580, 749, 766, 801 HB 74--Douglasville, City of; corporate limits.------------497, 498, 512, 581, 695 HB 75--Columbus, City of; compensation of commissioners ...498, 512, 581, 695 HB 76--Hazlehurst, City of; close certain streets--.......497, 498, 512, 581, 696 HB 77--Forsyth, City of; voting machines----------.....497, 499, 512, 581, 696 HB 78--Laurens County; commissioners------_--.._ ----------.578, 579, 674, 761 HB 79--Dublin, City of; grant new charter-------------------- 578, 579, 674, 761 HB 80--Monroe County; authorize use of voting machines..--.578, 579, 674, 761