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

25 LC 47 3484 House Bill 728 By: Representatives Hilton of the 48th, Draper of the 90th, Ballard of the 147th, and Carpenter of the 4th 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 limit the effective date of rules or regulations2 adopted by the State Election Board prior to a primary, electio n, or runoff; to provide for3 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, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or12 a regulation and the date of such adoption is within 75 days of the:13 (1) Date of a presidential preference primary, general primary, general election, or runoff14 thereof, the effective date of such rule or regulation shall be 30 days following the date15 of such primary, election, or runoff; or16 H. B. 728 - 1 - 25 LC 47 3484 (2) Date of a special primary, special election, or runoff the reof, the effective date of17 such rule or regulation shall be effective as otherwise provide d by law; provided,18 however, that such rule or regulation shall not be applicable to the conducting of any such19 special primary, special election, or runoff.20 (b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to21 emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure22 Act,' to the contrary, the State Election Board may only adopt emergency rules or23 regulations in circumstances of imminent peril to public health , safety, or welfare. To24 adopt any such emergency rule or regulation, in addition to any other rule-making25 requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:26 (1) Give notice to the public of its intended action;27 (2) Immediately upon the setting of the date and time of the m eeting at which such28 emergency rule or regulation is to be considered, give notice by email of its intended29 action to:30 (A) The Governor;31 (B) The Lieutenant Governor;32 (C) The Speaker of the House of Representatives;33 (D) The chairpersons of the standing committees of each house of the General34 Assembly tasked with election matters;35 (E) The Secretary of State;36 (F) Legislative counsel; and37 (G) The chief executive officer of each political party regist ered pursuant to38 subsection (a) of Code Section 21-2-110; and39 (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature40 of the emergency and the manner in which such emergency represents an imminent peril41 to public health, safety, or welfare.42 H. B. 728 - 2 - 25 LC 47 3484 (b)(c) Upon adoption or promulgation of any emergency rule or regula tion pursuant to43 subsection (b) of this Code section, a majority of the State Election Board shall certify in44 writing that such emergency rule or regulation was made in stri ct and exact compliance45 with the provisions of this chapter and subsection (e) of Code Section 50-13-4.46 (c)(d) In the event of any conflict between this Code section and an y provision of47 Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting48 provision."49 SECTION 2.50 All laws and parts of laws in conflict with this Act are repealed.51 H. B. 728 - 3 -