Dorothy Burton-Callaway appeals from an order of the Superior Court of Carroll County that upheld the validity of a referendum, as mandated by House Bill 1795, which shortened Burton-Callaway’s term as a member of Carroll County’s Board of Education. Burton-Callaway contends that the referendum did not comply with OCGA § 1-3-11, because the voters were not informed that their approval of the bill would shorten her term in office by two years. Because the bill misled voters by stating that it would “provide for the continuation in office of the Board of Education’s current members,” when in fact the terms of some of those members would be shortened by two years, the referendum failed to satisfy OCGA § 1-3-11. Under OCGA § 1-3-11, No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question. This statutory section, and its constitutional predecessor, was intended to “correct an evil often practiced in this state, i.e., the use of local legislation specifically directed to amending or abolishing the term of a specified elective office to remove an incumbent or prolong his tenure,”1 as well as to protect voters from election fraud. In order for the people of the jurisdiction to properly alter a duly elected local official’s term, they must be informed of how their vote would affect such a change. In this case, however, the voters were not informed, either in the published legal notice concerning the referendum, or in the language of the referendum itself, that the terms of office for some of the current board members would be shortened.
The local bill, as well as the “Notice of Intention to Introduce Local Legislation,” which was published in the County’s legal organ, stated that it would “provide for the continuation in office of current members.” In fact, however, the bill would not continue the terms of all the current members of the Board of Education, but would cause the terms of all current members to expire on December 31, 2004. In Burton-Callaway’s case, that expiration date cut two years off of her elected term, thereby implicating OCGA § 1-3-11. In addition, the language on the ballot of the referendum itself made no mention of its effect on the terms of current board members, but asked only whether the voter wished to change the number of members on the Carroll County Board of Education, and if so, whether five or seven members was preferred. Voters were never informed, therefore, that their approval of the referendum would shorten Burton-Callaway’s term by two years.
