MACON, Ga. — While Crossover Day effectively kills many bills, others have a sort of immunity.
Sen. John Kennedy and Sen. Rick Williams sponsor one of those bills.
Kennedy says it's aimed at clarifying how Macon-Bibb County chooses its election supervisor. Opponents argue it's an overreach of power.
"Since 1969, this board has worked with the mayor and commission to recommend supervisors for appointment, and ensure a smooth election process," Joshua-James Billings, the chair of Macon-Bibb's Democratic Party said.
He's talking about the board of elections.
"Where Democrat, Republican and Independent members serve to insure the integrity and efficiency of our county's elections," Billings said.
On Tuesday, he led a press conference protesting Senate Bill 227, which would change how Macon-Bibb County chooses its election supervisor. He says it would officially give Macon-Bibb County all the authority to choose the supervisor, and take power away from the election board.
"Where is the merit in stripping the board of a duty they have duly served since 1969?" he asked a small group outside the Bibb County Courthouse.
According to the county's current charter, if the supervisor leaves, the board of elections recommends a candidate to the county commission. Then, the commission approves or denies the candidate.
Commissioners denied the board's last recommendation.
"Since early 2022, Mayor Miller's administration has failed to approve Macon-Bibb's Board of Election's recommendation for supervisor," Billings said.
When commissioners voted down the board's last recommendation, Mayor Miller tried to form his own committee to choose the next supervisor.
The election board sued to stop him.
"Our goal will always be to select the most qualified election supervisor available, regardless of party affiliation," Miller said in a text.
He called the election board's lawsuit 'frivolous,' and said the county would, "vigorously defend this action based upon the merits."
Election Board Chair Mike Kaplan says he wants the matter settled outside of court, but will move forward with the lawsuit if he needs. Kaplan argues his board must provide their recommendation first.
Miller argues the county has always had the authority to appoint the election supervisor.
Kennedy's office says SB 227 would clarify that process. They say the word 'recommendation' is what causes some of the confusion. Legally, they say, 'recommendation' implies the election board can provide their input, but the county commission has the final decision.
They say it may be different if the election board made a 'nomination.'
According to the new bill text, the election board would have 30 days to make a recommendation to the county commission. The county could approve or deny the election board's candidate, or appoint their own candidate entirely.
Billings said he believes the bill presents a conflict of interest, since Interim County Attorney Duke Groover and Sen. Kennedy work for the same law firm.
Groover is representing the county in the lawsuit.
Kennedy denied any conflict of interest. In a phone call, he told 13WMAZ he handles different requests from constituents every day, and that this bill was one of them. Kennedy said who he works with has no bearing on legislation he sponsors.
Mayor Miller also denied the accusation, saying, "There is absolutely no conflict of interest by anyone associated with this issue," via text.
Kennedy says he's working with local leaders like Miller and Kaplan to finish the bill text. He says since this bill has a local reach only, it's not impacted by Crossover Day, and may still become law this year.