HB503: HB503 State Election Board; promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered years; provide

Currently the State Election Board can adopt, amend, or repeal election rules and regulations at any time, subject to the state's general rule-making process under Georgia's Administrative Procedure Act (O.C.G.A. Chapter 13 of Title 50). This bill would rewrite O.C.G.A. § 21-2-35 to say that, except for true emergencies, the board may only take rule-making action such as proposing, adopting, or repealing nonemergency rules during odd-numbered years. Starting July 1, 2025, the board could not even begin that process in an even-numbered year, which is when Georgia's general elections happen. The bill keeps a separate emergency process for adopting emergency rules when there is imminent peril to public health, safety, or welfare, but tightens it by requiring the board to notify the Governor, Lieutenant Governor, Speaker of the House, relevant legislative committee chairs, the Secretary of State, legislative counsel, and each registered political party's chief executive officer before acting, and to certify in writing that the emergency rule strictly complied with the law.

• Limits the State Election Board to making nonemergency rule changes, including proposing, adopting, amending, or repealing rules, only in odd-numbered years.
• Bars the board from even starting nonemergency rule-making, such as initiating a proposal, during even-numbered years after July 1, 2025.
• Keeps a narrower emergency rule-making path but requires the board to show there is imminent peril to public health, safety, or welfare before using it.
• Requires the board to give public notice and email specific state officials and party leaders before adopting any emergency rule.
• Requires a majority of the board to certify in writing that any emergency rule was adopted in strict compliance with the law.
• Repeals any existing Georgia laws that conflict with these new rule-making restrictions.

The State Election Board itself, county election officials and boards who follow its rules, political parties and their leaders, candidates, and Georgia voters generally, since the timing restrictions affect when election administration rules can be updated, including ahead of election years.

Because even-numbered years are when Georgia holds its general elections, this bill would generally stop the board from changing nonemergency election rules in the year an election happens, potentially limiting the state's ability to adjust election procedures close to voting unless a genuine emergency exists.

• Section 1 rewrites O.C.G.A. § 21-2-35 to restrict the State Election Board to nonemergency rule-making only in odd-numbered years, effective for actions after July 1, 2025.
• Subsection (b) requires the board to show imminent peril to public health, safety, or welfare before adopting any emergency rule, notwithstanding the Georgia Administrative Procedure Act or emergency management law.
• Subsection (b) also requires public notice and email notice to a specific list of officials, including the Governor, Lieutenant Governor, Speaker of the House, legislative committee chairs, Secretary of State, legislative counsel, and party chief executives, before adopting an emergency rule.
• Subsection (c) (renumbered from (b)) requires a majority of the board to certify in writing that any emergency rule strictly complied with the law.
• Subsection (d) states that this Code section governs over any conflicting provision of the Georgia Administrative Procedure Act (Chapter 13 of Title 50).
• Section 2 repeals all conflicting laws.

1. 2025-02-20House Second Readers (House)
2. 2025-02-19House First Readers (House)
3. 2025-02-18House Hopper (House)

• Saira Draper (D, HD-090)Primary sponsor
• Floyd Griffin (D, HD-149)
• Lisa Campbell (D, HD-035)
• L.C. Myles (D, HD-126)

• election rules
• State Election Board
• election administration
• emergency rulemaking