Georgia § 3-4-46 - Procedure for conduct of election for purpose of nullifying previous election result.

§ 3-4-46. Procedure for conduct of election for purpose of nullifying previous election result.

In any county or municipality which has at any time held a referendum election in accordance with this article, resulting in the approval of the issuance of licenses for the package sale of distilled spirits, the election superintendent of the county or municipality shall, upon the filing of a petition as provided in subsection (a) of Code Section 3-4-41, proceed to call another referendum election in the same manner as provided in this article for the purpose of nullifying the previous referendum election result. In the event an election referendum is held pursuant to subsection (a) of this Code section and a majority of the votes cast are against the issuance of licenses for the package sale of distilled spirits, then no new licenses for the package sale of distilled spirits within the political subdivision conducting the referendum shall be issued and any existing licensee issued a license for the package sale of distilled spirits shall be prohibited, effective upon the expiration of such license, from engaging in any package sales of distilled spirits within the political subdivision. No election held pursuant to this Code section shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for such purpose under this article. (Ga. L. 1941, p. 199, § 1; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2310, enacted by Ga. L. 1980, p. 1573, § 1; Code 1981, § 3-4-47 ; Code 1981, § 3-4-46 , as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.) The 2017 amendment, effective May 9, 2017, redesignated former Code Section 3-4-47 as this Code section; substituted the present provisions of subsection (a) for the former provisions, which read: "In any county or municipality which has at any time held an election in accordance with this article, resulting in the approval of the issuance of licenses for the package sales of distilled spirits, the election superintendent of the county or municipality shall, upon a petition signed by at least 35 percent of the registered qualified voters of the political subdivision concerned, proceed to call another election in the same manner as provided in this article for the purpose of nullifying the previous election result."; added subsection (b); redesignated former subsection (b) as present subsection (c); and substituted "declaration by the election superintendent of the results" for "declaration of the result" in the middle of subsection (c). Editor's notes. - Ga. L. 2017, p. 820, § 2/HB 485, repealed former Code Section 3-4-46, relating to the effect of majority vote against package sales, and enacted the present Code section. The former Code section was based on Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, §§ 5A-2307, 5A-2308, enacted by Ga. L. 1980, p. 1573, § 1.