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OCGA 50-36-3

Positions on the IERB are not lifetime appointments and are limited by the language of the state law establishing the board

“(b) The Immigration Enforcement Review Board is established and shall consist of seven members. Three members shall be appointed by the Governor, two members shall be appointed by the Lieutenant Governor, and two members shall be appointed by the Speaker of the House of Representatives. A chairperson shall be selected by a majority vote of the members. All matters before the board shall be determined by a majority vote of qualified board members. *Members shall be appointed for terms of two years and shall continue to hold such position until their successors are duly appointed and qualified. A member may be reappointed to an additional term. If a vacancy occurs in the membership of the board, the appropriate appointing party shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified.”

The General Assembly established the limits on terms to be served by members after they were appointed and reappointed. With use of the common English word, “an” additional term – the limit is two terms of two years each term.

The second part of the *sentence, “…and shall continue to hold such position until their successors are duly appointed and qualified” doesn’t mean members can legally serve an unlimited period of time, it merely add suspenders to the language that serves as the belt that regulates term limits.

→The language in the sentence does not say “or shall continue to hold such position until their successors are duly appointed and qualified” – it says “and.” The wording simply lays out the protection of member’s positions from any unforeseen future objection to their qualifications to be board members.

It may be redundant, but it does not a serve as disqualifier to the other part of the sentence or the intent of the law on term limits. The legislature did not pass language to designate limit terms only to reverse that intent or language in the same sentence of the code section.

The 2015 Balli/Clark reappointment letter from Speaker David Ralston is written using “…or until a successor is duly appointed.” State Rep David Ralston does not have the legal authority to appoint a member to serve beyond the limits of the regulating law.

If the respondent’s claim that they not only can, but must serve on the IERB until the appointing official replaces them by appointing a replacement, it serves to transfer the power of term limits – or endless terms – to the Governor, Lt. Governor and the Speaker of the House – which is not the intention or language of the law put into place by the legislature.

Using James Balli’s defense, once appointed, members could serve virtually lifetime terms if the appointing officials decide not to appoint replacements.