HB 397: Elections; allow municipalities to opt in to providing advance voting on Saturdays for municipal elections

This bill amends Georgia's elections chapter (O.C.G.A. Title 21, Chapter 2) in many places. It moves the State Election Board's administrative attachment from the Secretary of State's office to the State Accounting Office and limits when new board rules can take effect close to an election. It bars the Secretary of State and local election officials from joining multistate voter list-sharing organizations that meet certain criteria, but allows the Secretary of State to enter separate state-to-state compacts for voter list maintenance. It also lets county boards post elector lists for free public inspection. On voting procedures, the bill lets a municipality's governing body vote at a public meeting to skip one or more Saturdays of advance voting in its own municipal elections, as long as that election is not held the same day as a county or state election. It also stops in-person hand delivery of absentee ballots after advance voting ends, except in specific listed circumstances, adds video surveillance requirements for absentee ballot drop boxes, and requires more detailed precinct-level reporting of absentee, advance, and provisional ballot counts. It changes the timeline requirements for calling special elections and lengthens some of those deadlines starting July 1, 2026. Most sections take effect July 1, 2025, with some sections delayed to 2026 or 2027.

• Moves the State Election Board's administrative attachment from the Secretary of State's office to the State Accounting Office, effective July 1, 2025.
• Lets a municipality's governing authority vote at a public meeting to skip one or more Saturdays of advance voting for its own municipal elections, unless that election coincides with a county or state election.
• Bans accepting hand-delivered absentee ballots after advance voting ends, with exceptions for ballots delivered on election day, the Monday before an election under certain conditions, mail delivery, or military and overseas voters.
• Prohibits the Secretary of State and local election officials from joining multistate voter list-sharing organizations that encourage registering unregistered people or share data beyond removing ineligible voters, and requires withdrawal from such groups within 90 days.
• Authorizes the Secretary of State to enter separate voter list maintenance compacts directly with other states' chief election officials instead.
• Requires video surveillance of absentee ballot drop boxes at advance voting sites once voting ends for the day, and requires precinct-level reporting of absentee, advance voting, and provisional ballot numbers.

County boards of registrars and municipal absentee ballot clerks, county and municipal governing authorities, the Secretary of State's office and the State Election Board, poll watchers, independent presidential candidates, and any Georgia voter who casts an absentee or advance ballot or votes in a municipal election.

Municipal voters could see fewer Saturday advance voting days depending on local government decisions, absentee voters would lose the option to hand-deliver ballots outside specific windows, and the state's ability to share voter data with multistate groups like ERIC would be curtailed while new state-to-state compacts become an option. Election officials would face new reporting and surveillance duties.

• Section 2 moves the State Election Board's administrative home from the Secretary of State to the State Accounting Office effective July 1, 2025.
• Section 4 requires that board rules adopted within 60 days of an election not take effect until 30 days after that election.
• Section 6 lets county boards of registrars post the list of electors for free public inspection online or in their offices.
• Section 7 (effective July 1, 2027) repeals the Secretary of State's authority to join the nongovernmental voter-list-sharing entity and instead adds a prohibition on joining certain multistate voter list organizations and a new option to join state-to-state compacts.
• Section 9 bans hand delivery of absentee ballots after advance voting ends except in four listed circumstances, and adds video surveillance requirements for drop boxes.
• Section 10 lets a municipality's governing authority opt out of one or more Saturdays of advance voting for its own municipal election, but not if that election is held the same day as a county or state election.
• Section 12 requires election superintendents to post a precinct-by-precinct, by-voting-method vote total report by election night.
• Section 14 (effective July 1, 2026) extends the minimum days required between calling and holding special primaries and special elections.

1. 2025-04-02Senate Passed/Adopted By Substitute (Senate)
2. 2025-04-02Senate Third Read (Senate)
3. 2025-04-02Senate Engrossed (Senate)
4. 2025-03-28Senate Read Second Time (Senate)
5. 2025-03-28Senate Committee Favorably Reported By Substitute (Senate)
6. 2025-03-10Senate Read and Referred (Senate)
7. 2025-03-06House Passed/Adopted By Substitute (House)
8. 2025-03-06House Third Readers (House)

• Tim Fleming (R, HD-114)Primary sponsor
• John LaHood (R, HD-175)
• Rob Leverett (R, HD-123)
• Joseph Gullett (R, HD-19)
• Mitchell Scoggins (R, HD-14)
• David Clark (R, HD-100)
• Rick Williams (R, SD-25)

1. PassedHouse voteMarch 6, 2025

   159 yea, 13 nay (1 not voting, 7 excused)

   PASSAGE: House Vote #266

2. PassedSenate voteApril 2, 2025

   31 yea, 24 nay (0 not voting, 1 excused)

   MOTION TO ENGROSS: SB 214, HB 66, HB 79, HB 129, HB 134, HB 141, HB 370, HB 397, HB 445, HB 463, HB 532, HB 586, HB 652: Senate Vote #383

3. PassedSenate voteApril 2, 2025

   33 yea, 23 nay

   PASSAGE BY SUBSTITUTE: Senate Vote #394

• election rules
• advance voting
• absentee ballots
• voter registration
• municipal elections