Title 36, Chapter 35, Section 4.1
( 36-35-4.1)
(a) Subject to the limitations provided by this Code section, the
governing authority of any municipal corporation is authorized to
reapportion the election districts from which members of the
municipal governing authority are elected following publication of
the United States decennial census of 1980 or any future such
census. Such reapportionment of districts shall be effective for the
election of members to the municipal governing authority at the next
regular general municipal election following the publication of the
decennial census. (b) The municipal governing authority shall by ordinance amend its charter pursuant to paragraph (1) of subsection (b) of Code Section 36-35-3 to reapportion the districts in accordance with the following specifications: (1) Each reapportioned district shall be formed of contiguous
territory; and the boundary lines of such district shall be the
center lines of streets or other well-defined boundaries; (2) Variations in population among such districts shall comply
with the one person-one vote requirements of the United States
Constitution; and (3) The reapportionment shall be limited to adjusting the boundary
lines of the existing districts only to the extent reasonably
necessary to comply with the requirements of paragraph (2) of this
subsection; and the number of members of the municipal governing
body and the manner of electing such members, except for the
adjustment of district boundary lines, shall not be changed by the
municipal governing authority. (c) In addition to reapportionment following publication of the
decennial census, a municipal governing authority shall reapportion
districts pursuant to this Code section if the annexation of
additional territory to the corporate boundaries of the municipality
has the effect of denying electors residing within the newly annexed
territory the right to vote for members of the municipal governing
authority on substantially the same basis as the other electors of
the municipality vote for members of the municipal governing
authority. The reapportionment provided for in this subsection shall
meet the criteria specified in subsection (b) of this Code section
and shall be further limited to making only those adjustments in
district boundary lines as may be reasonably necessary to include
the newly annexed territory within such districts. Reapportionment
under this subsection shall be effective for the next regular
general municipal election following the annexation. (d) This Code section shall not prohibit the General Assembly from
enacting a local law at any time to amend the charter of a
municipality to reapportion or otherwise change election districts
from which members of the municipal governing authority are elected.
If such action is taken by the General Assembly following
publication of a decennial census, but before the first regular
general municipal election following the publication of such census,
the local Act of the General Assembly shall nullify the power given
to the municipal governing authority by subsections (a) and (b) of
this Code section to reapportion districts following publication of
that decennial census. If such action is taken by the General
Assembly in conjunction with the annexation, by local Act of the
General Assembly, of additional territory to the corporate
boundaries of the municipality, the local Act of the General
Assembly shall nullify the power and duty given to the municipal
governing authority by subsection (c) of this Code section to
reapportion districts as a result of that annexation. (e) In addition to reapportionment following publication of the
decennial census, the governing authority of any municipal
corporation with a population of 40,000 or more according to the
latest United States decennial census is authorized not more than
one time during the ten-year period between the publication of
consecutive decennial censuses to reapportion or modify the election
districts from which members of the municipal governing authority
are elected; provided, however, that (1) no such reapportionment
shall result in the redistricting of more than 600 persons, (2) no
such reapportionment shall occur within 180 days of a general or
special municipal election or primary, and (3) a map reflecting any
changes and copies of any communications to or from the United
States Department of Justice relating to such changes are furnished
to the Secretary of State and the Legislative Reapportionment Office
within 30 days after such change or communication. Such
reapportionment of districts shall be effective for the election of
one or more members to the municipal governing authority at the next
regular general municipal election or special municipal election
following such reapportionment. |