HB728: HB728 Elections; limit effective date of rules or regulations adopted by State Election Board prior to a primary, election, or runoff

Under current Georgia law (O.C.G.A. § 21-2-35), the State Election Board can adopt rules or regulations governing how elections are run, including emergency rules. HB 728 changes when those rules take effect if they are adopted close to an election. If the board adopts a rule or regulation within 75 days of a presidential preference primary, general primary, general election, or runoff, the rule would not take effect until 30 days after that vote. For special primaries, special elections, or their runoffs, a late-adopted rule would take effect on its normal schedule but could not be applied to that specific special election. The bill also limits the board's emergency rule-making power to situations of 'imminent peril to public health, safety, or welfare.' To adopt an emergency rule, the board must publicly announce its intended action, immediately email notice to 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, and explain the nature of the emergency in those notices. A majority of the board must also certify in writing that any emergency rule strictly complied with the law.

• Delays the effective date of any State Election Board rule or regulation adopted within 75 days of a primary, general election, or runoff until 30 days after that vote.
• Bars any rule adopted close to a special primary, special election, or runoff from applying to that specific contest, even though it still takes effect on its normal schedule.
• Restricts emergency rule-making by the State Election Board to cases of imminent peril to public health, safety, or welfare, overriding broader emergency powers otherwise granted under Georgia's Administrative Procedure Act (O.C.G.A. Chapter 13 of Title 50).
• Requires the board to give public notice and immediately email the Governor, Lieutenant Governor, Speaker of the House, legislative committee chairs, the Secretary of State, legislative counsel, and each political party's chief executive before adopting an emergency rule.
• Requires a majority of the State Election Board to certify in writing that any emergency rule strictly followed the law's procedures.

The State Election Board itself, county election officials and boards who carry out the rules, candidates and political parties (whose chief executives must be notified of emergency rulemaking), and Georgia voters, whose primaries, elections, and runoffs could no longer be governed by rules adopted at the last minute.

Late changes to election procedures close to voting day have caused confusion and litigation in past Georgia elections. By pushing back the effective date of near-election rules and narrowing emergency rulemaking, the bill would limit how quickly the State Election Board can change election procedures right before voters go to the polls.

• Section 1 rewrites O.C.G.A. § 21-2-35: subsection (a) sets the 75-day window before a primary, general election, or runoff during which a new rule's effective date is pushed to 30 days after that vote.
• Subsection (a)(2) states that rules adopted near a special primary, special election, or runoff take effect on their normal schedule but cannot be applied to that special contest.
• New subsection (b) limits emergency rulemaking to circumstances of imminent peril to public health, safety, or welfare and requires public notice plus immediate email notice to a specific list of officials and party leaders.
• Subsection (b)(3) requires the notices to state the nature of the emergency and how it constitutes imminent peril.
• Renumbered subsection (c) requires a majority of the State Election Board to certify in writing that any emergency rule strictly complied with the chapter and with O.C.G.A. § 50-13-4(e).
• Renumbered subsection (d) states that this Code section governs over any conflicting provision in the Georgia Administrative Procedure Act (Chapter 13 of Title 50).
• Section 2 repeals all conflicting laws.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-06House Committee Favorably Reported (House)
3. 2025-03-06House Second Readers (House)
4. 2025-03-04House First Readers (House)
5. 2025-03-04House Hopper (House)

• Scott Hilton (R, HD-048)Primary sponsor
• Saira Draper (D, HD-090)
• Bethany Ballard (R, HD-147)
• Kasey Carpenter (R, HD-004)

• election rules
• State Election Board
• voting administration
• election law changes