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

25 LC 47 3412 House Bill 503 By: Representatives Draper of the 90th, Griffin of the 149th, Campbell of the 35th, and Myles of the 126th A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1 elections and primaries generally, so as to provide that the St ate Election Board may only2 promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered3 years; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and7 primaries generally, is amended by revising Code Section 21-2-3 5, relating to emergency8 rules and regulations, imminent peril requirement, and procedures, as follows:9 "21-2-35.10 (a) Except for emergency rule making as provided for in subsec tion (b) of this Code11 section, the State Election Board shall only promulgate, amend, adopt, or repeal rules and12 regulations during odd-numbered years. After July 1, 2025, the State Election Board shall13 take no rule-making action upon nonemergency rules or regulations, including the initiation14 of any rule making, promulgation, amendment, adoption, or repeal of nonemergency rules15 or regulations in an even-numbered year.16 H. B. 503 - 1 - 25 LC 47 3412 (b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to17 emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure18 Act,' to the contrary, the State Election Board may only adopt emergency rules or19 regulations in circumstances of imminent peril to public health , safety, or welfare. To20 adopt any such emergency rule or regulation, in addition to any other rule-making21 requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:22 (1) Give notice to the public of its intended action;23 (2) Immediately upon the setting of the date and time of the m eeting at which such24 emergency rule or regulation is to be considered give notice by email of its intended25 action to:26 (A) The Governor;27 (B) The Lieutenant Governor;28 (C) The Speaker of the House of Representatives;29 (D) The chairpersons of the standing committees of each house of the General30 Assembly tasked with election matters;31 (E) The Secretary of State;32 (F) Legislative counsel; and33 (G) The chief executive officer of each political party registered pursuant to subsection34 (a) of Code Section 21-2-110; and35 (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature36 of the emergency and the manner in which such emergency represents an imminent peril37 to public health, safety, or welfare.38 (b)(c) Upon adoption or promulgation of any emergency rule or regula tion pursuant to39 subsection (b) of this Code section, a majority of the State Election Board shall certify in40 writing that such emergency rule or regulation was made in stri ct and exact compliance41 with the provisions of this chapter and subsection (e) of Code Section 50-13-4.42 H. B. 503 - 2 - 25 LC 47 3412 (c)(d) In the event of any conflict between this Code section and any provision of Chapter43 13 of Title 50, this Code section shall govern and supersede an y such conflicting44 provision."45 SECTION 2.46 All laws and parts of laws in conflict with this Act are repealed.47 H. B. 503 - 3 -