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Spalding County board adopts resolution delegating operational tasks; tables resubmission of revised House Bill 769 pending legal review

2122566 · January 15, 2025
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Summary

The Spalding County Board of Elections and Voter Registration adopted a resolution delegating several operational tasks to the elections supervisor and then debated revisions to local legislation (House Bill 769). Board members agreed to delay resubmitting the revised bill pending a legal opinion and scheduled a special meeting for Jan. 27.

The Spalding County Board of Elections and Voter Registration unanimously adopted a resolution on Jan. 14 that delegates specified operational duties back to the elections supervisor and then tabled action on resubmitting a revised House Bill 769 to the county's legislative delegation pending legal review.

Board members said the resolution restores routine responsibilities to the office manager while the board retains oversight. County attorney Stephanie summarized planned language changes under the proposed local bill, including renaming the election supervisor to "elections director," removing additional local open-meetings requirements beyond state law, and changing who selects and trains poll workers.

The changes discussed would also remove a countywide residency requirement for most elections office employees while retaining a residency requirement for the elections director. "One of the changes that you'll see throughout is the change of the title of election supervisor to elections director," Stephanie said as she reviewed the draft.

Supporters said the delegation resolution will allow the office to operate more efficiently during election seasons. A motion to approve the resolution was called, seconded, and recorded as adopted by a 5-0 voice vote. The resolution directs the supervisor to carry out enumerated tasks annually unless the board instructs otherwise.

Board members then reviewed the proposed statutory changes in the revised House Bill 769. Items discussed included: removing local provisions that the county attorney described as "above and beyond the requirements of the open meetings law," changing the process for selecting the fifth board member (the transcript notes this selection occurs through the judges of the Spalding County Superior Court), and removing the requirement that the elections office must use the county attorney exclusively for legal services.

Members debated how to handle residency for office hires if the law is changed. Elections supervisor Kim Slaughter described hiring difficulties when applicants lived outside the county and suggested a possible percentage-based residency preference for staff. Board member Lee Howell proposed that at least 75% of elections office employees be legal residents and registered voters in Spalding County; that figure was discussed but not finalized.

Board member Dexter Winbush requested a legal memorandum on whether a residency rule that applies only to this office (and not to other county departments) could expose the county to litigation or other legal risk. County attorney Stephanie agreed to produce an opinion. The board then moved to table action on resubmitting the revised House Bill 769 until receipt of that legal opinion and scheduled a special called meeting to consider the item further. The board set the special meeting for Jan. 27 at 10:00 a.m.

The board did not vote to resubmit the revised bill that night; the motion to table passed by voice vote and the item will return to the board once the county attorney delivers the requested legal opinion.

What happens next: The county attorney will prepare a legal memorandum addressing potential legal exposure from a bifurcated residency requirement and other questions raised by members. The board will reconvene in a special meeting on Jan. 27 to act on whether to resubmit the revised House Bill 769 to the county's legislative delegation.