The Senate Committee on Ethics offered the following
substitute to HB 397:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
elections and primaries generally, so as to provide that the State Election Board shall be
administratively attached to the State Accounting Office; to provide for definitions; to limit
the effective date of rules or regulations adopted by the State Election Board prior to a
general primary, general election, or runoff thereof; to revise duties of the State Election
Board; to revise provisions related to the qualification of presidential elections for
independent candidates for the President or Vice President of the United States and candidate
in special elections that are preceded by a special primary; to authorize counties to make the
list of electors open for inspection at no cost; to remove authorization for the Secretary of
State to become a member of a nongovernmental entity whose purpose is to share and
exchange information in order to improve the accuracy and efficiency of voter registration
systems; to prohibit the Secretary of State and other state and local actors from participating
in certain multistate voter list maintenance organizations; to authorize the Secretary of State
to enter into voter list maintenance joint compacts with other states and authorize the sharing
of certain information; to prohibit the acceptance of hand delivered absentee ballots at certain
times; to allow municipalities to opt out of providing advance voting on certain Saturdays
for certain municipal elections; to revise provisions related to drop boxes; to revise reporting
requirements related to absentee ballots and advance voting; to revise provisions related to
locations to which poll watchers may have access; to provide certain reporting requirements
on election night; to revise provisions related to the timelines for calling special elections and
the dates on which special elections can be held; to provide for related matters; to provide
for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and
primaries generally, is amended in Code Section 21-2-2, relating to definitions, by adding
new paragraphs to read as follows:
<ins>"(11.1) 'Multistate voter list maintenance organization' means any entity, organization,
consortium, or cooperative agreement among states or jurisdictions that involves the
sharing of voter registration data for the purpose of voter list maintenance."
"(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency
of voter registration lists, including, but not limited to, removing ineligible voters and
updating records."
</ins> SECTION 2.
Said chapter is further amended in Code Section 21-2-30, relating to creation, membership,
terms of service, vacancies, quorum, bylaws, meetings, and executive director of the State
Election Board, by revising subsection (g) as follows:
"(g) On and after July 1, <del>2023</del> <ins>2025,</ins> the board shall be a separate and distinct budget unit
as defined in <del>Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'</del> <ins>Code Section
45-12-71;</ins> provided, however, that the board shall be attached for administrative purposes
only to the <del>office of the Secretary of State</del> <ins>State Accounting Office</ins> as provided for in Code
Section 50-4-3. <del>The board shall neither be under the jurisdiction of the Secretary of State
nor shall it be considered a division of the office of the Secretary of State."
</del> SECTION 3.
Said chapter is further amended in Code Section 21-2-31, relating to duties of the State
Election Board, by adding a new paragraph to read as follows:
<ins>"(5.1) To maintain custody of all state election investigative reports and communications
between the Secretary of State and election superintendents."
</ins> SECTION 4.
Said chapter is further amended by revising Code Section 21-2-35, relating to emergency
rules and regulations, imminent peril requirement, and procedures, as follows:
"21-2-35.
<ins>(a) Except for emergency rule-making as provided for in subsection (b) of this Code
section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or
a regulation and the date of such adoption is within 60 days of the date of a presidential
preference primary, general primary, special primary, general election, special election, or
runoff thereof, the effective date of such rule or regulation shall be 30 days following the
date of such primary, election, or runoff.
(a)(b)</ins> Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating
to emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' to the contrary, the State Election Board may only adopt emergency rules
or regulations in circumstances of imminent peril to public health, safety, or welfare. To
adopt any such emergency rule or regulation, in addition to any other rule-making
requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:
(1) Give notice to the public of its intended action;
(2) Immediately upon the setting of the date and time of the meeting at which such
emergency rule or regulation is to be considered, give notice by email of its intended
action to:
(A) The Governor;
(B) The Lieutenant Governor;
(C) The Speaker of the House of Representatives;
(D) The chairpersons of the standing committees of each house of the General
Assembly tasked with election matters;
(E) The Secretary of State;
(F) Legislative counsel; and
(G) The chief executive officer of each political party registered pursuant to
subsection (a) of Code Section 21-2-110; and
(3) State in the notices required by paragraphs (1) and (2) of this subsection the nature
of the emergency and the manner in which such emergency represents an imminent peril
to public health, safety, or welfare.
<del>(b)(c)</del> Upon adoption or promulgation of any emergency rule or regulation pursuant to
<ins>subsection (b) of</ins> this Code section, a majority of the State Election Board shall certify in
writing that such emergency rule or regulation was made in strict and exact compliance
with the provisions of this chapter and subsection (e) of Code Section 50-13-4.
<ins>(c)(d)</ins> In the event of any conflict between this Code section and any provision of
Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting
provision."
SECTION 5.
Said chapter is further amended in Code Section 21-2-132, relating to filing notice of
candidacy, nomination petition, and affidavit, reopening qualifying period, payment of
qualifying fee, and pauper's affidavit and qualifying petition for exemption from qualifying
fee, by revising paragraph (1) of subsection (d) and subsection (e) and by adding two new
subsections to read as follows:
"(1) Each elector for President or Vice President of the United States, or his or her agent,
desiring to have the names of his or her candidates for President and Vice President
placed on the election ballot, <ins>and each independent candidate for President or Vice
President of the United States, or his or her agent,</ins> shall file a notice of his or her
candidacy, giving his or her name, residence address, and the office he or she is seeking,
in the office of the Secretary of State during the period beginning at 9:00 A.M. on the
fourth Monday in June immediately prior to the election and ending at 12:00 Noon on the
Friday following the fourth Monday in June, notwithstanding the fact that any such days
may be legal holidays;"
"(e) Each candidate required to file a notice of candidacy by this Code section shall, no
earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and
no later than 12:00 Noon on the second Tuesday in July immediately prior to the election,
file with the same official with whom he or she filed his or her notice of candidacy a
nomination petition in the form prescribed in Code Section 21-2-170, except that such
petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party
has held a national convention and therein nominated candidates for President and Vice
President of the United States;
(2) Seeking office in a special election <ins>that is not preceded by a special primary;
</ins> (3) An incumbent qualifying as a candidate to succeed himself or herself;
(4) A candidate seeking election in a nonpartisan election; <del>or
</del> (5) A nominee for a state-wide office by a duly constituted political body convention,
provided that the political body making the nomination has qualified to nominate
candidates for state-wide public office under the provisions of Code Section 21-2-180;
<ins>or
</ins>
<ins>(6) A presidential elector certified by an independent candidate for the office of President
or Vice President of the United States under subsection (c) of Code Section 21-2-132.1.
(e.1) An independent candidate for the office of President or Vice President of the United
States shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to
the election and no later than 12:00 Noon on the second Tuesday in July immediately prior
to the election, file with the same official with whom he or she filed his or her notice of
candidacy a nomination petition in the form prescribed in Code Section 21-2-170.
(e.2) Each candidate required to file a notice of candidacy for a special election that is
preceded by a special primary shall, no earlier than 9:00 A.M. on the fourth Monday in
June immediately prior to the election and no later than 12:00 Noon on the second Tuesday
in July immediately prior to the election, file with the same official with whom he or she
filed his or her notice of candidacy a nomination petition in the form prescribed in Code
Section 21-2-170."
</ins> SECTION 6.
Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public
inspection of applications for voter registration and data on electors, and membership of
Secretary of State in nongovernmental entity for purpose of improving voter registration
systems, by revising subsection (c) and adding a new subsection to read as follows:
"(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be
collected and maintained on electors whose names appear on the list of electors maintained
by the Secretary of State pursuant to this article, within the limitations provided in this
article, on electronic media or computer run list or both. <del>Notwithstanding any other
provision of law to the contrary, the Secretary of State shall establish the cost to be charged
for such data</del> <ins>Nothing in this subsection shall prevent a county board of registrars or
election superintendent from making the list of electors in such county available for
inspection at no cost at its offices, on its website, or both within the limitations otherwise
</ins>
<ins>provided in this article.</ins> The Secretary of State may contract with private vendors to make
such data available in accordance with this subsection. Such data may not be used by any
person for commercial purposes."
<ins>"(d.1) The State Election Board shall submit to the General Assembly a report evaluating
procedures to improve the accuracy and efficiency of the voter registration system without
participating in a nongovernmental entity with the purpose of sharing voter registration
information. Such report shall include recommended amendments or modifications of state
law governing voter registration procedures and the sharing of voting registration
information with officials in other states. The State Election Board shall provide the report
required by this subsection to the chairpersons of the Senate Ethics Committee and the
House Committee on Governmental Affairs no later than December 31, 2025. This
subsection shall stand repealed on July 1, 2026."
</ins> SECTION 7.
Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public
inspection of applications for voter registration and data on electors, and membership of
Secretary of State in nongovernmental entity for purpose of improving voter registration
systems, effective on July 1, 2027, by revising subsection (d) and adding new subsections
to read as follows:
<del>"(d)(1) The Secretary of State may become a member of a nongovernmental entity whose
purpose is to share and exchange information in order to improve the accuracy and
efficiency of voter registration systems. The membership of the nongovernmental entity
shall be composed solely of election officials of state and territorial governments of the
United States, except that such membership may also include election officials of the
District of Columbia.
</del>
<del>(2) Notwithstanding any provision of law to the contrary, the Secretary of State may
share confidential and exempt information after becoming a member of such
nongovernmental entity as provided in paragraph (1) of this subsection.
(3) The Secretary of State may become a member of such nongovernmental entity only
if such entity is controlled and operated by the participating jurisdictions. The entity shall
not be operated or controlled by the federal government or any other entity acting on
behalf of the federal government. The Secretary of State must be able to withdraw at any
time from any such membership in such nongovernmental entity.
(4) If the Secretary of State becomes a member of such nongovernmental entity, the
Department of Driver Services shall, pursuant to an agreement with the Secretary of
State, provide driver's license or identification card information related to voter eligibility
to the Secretary of State for the purpose of sharing and exchanging voter registration
information with such nongovernmental entity.
(5)(d)</del> Notwithstanding any law to the contrary, <del>upon the Secretary of State becoming a
member of a nongovernmental entity as provided in this subsection,</del> <ins>any</ins> information
received by the Secretary of State <ins>prior to the effective date of this subsection</ins> from <del>the</del> <ins>a
</ins> nongovernmental entity <ins>whose purpose was to share and exchange information in order to
improve the accuracy and efficiency of voter registration systems</ins> is exempt from
disclosure under Article 4 of Chapter 18 of Title 50, <ins>relating to open records,</ins> and any other
provision of law. <del>However, the Secretary of State may provide such information to the
boards of registrars to conduct voter registration list maintenance activities.
</del> <ins>(e)(1) The Secretary of State or any other state department, agency, board, bureau, office,
commission, public corporation, or authority or any board of registrars or election
superintendent shall be prohibited from joining or participating in any multistate voter list
maintenance organization that:
(A) Requires or encourages the contacting of individuals who are not currently
registered to vote with the intent to register them to vote; or
</ins>
<ins>(B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,
or otherwise ineligible voters from the list of electors.
(2) The Secretary of State or any other state department, agency, board, bureau, office,
commission, public corporation, or authority or any board of registrars or election
superintendent shall terminate participation in any multistate voter list maintenance
organization prohibited by paragraph (1) of this subsection within 90 days of the effective
date of this subsection.
(f)(1) In order to improve the accuracy and efficiency of the voter registration system,
the Secretary of State shall be authorized to enter into joint compacts with the chief
election official of any other state or states for the purpose of sharing information for
voter list maintenance.
(2) Notwithstanding any provisions of law to the contrary, the Secretary of State may
share confidential and exempt information after becoming a member of such voter list
maintenance joint compact.
(3) If the Secretary of State becomes a member of such voter list maintenance joint
compact, the Department of Driver Services shall, pursuant to an agreement with the
Secretary of State, provide driver's license or identification card information related to
voter eligibility to the Secretary of State for the purpose of sharing and exchanging voter
registration information with the other state or states participating in such compact.
(4) The Secretary of State must be able to withdraw from any such joint compact at any
time."
</ins> SECTION 8.
Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating
to removal of elector's name from list of electors, as follows:
"(b)(1) When an elector of this state moves to another state and registers to vote and the
registration officials in such state send a notice of cancellation reflecting the registration
of the elector in the other state, which includes a copy of such elector's voter registration
application bearing the elector's signature, the Secretary of State or the board of
registrars, as the case may be, shall remove such elector's name from the list of electors.
It shall not be necessary to send a confirmation notice to the elector in such
circumstances.
(2) When an elector of this state moves to another state and the registration officials in
such other state <del>or a nongovernmental entity as described in subsection (d) of Code
Section 21-2-225</del> send a notice of cancellation or other information indicating that the
elector has moved to such state but such notice or information does not include a copy
of such elector's voter registration application in such other state bearing the elector's
signature, the Secretary of State or the board of registrars, as the case may be, shall send
a confirmation notice to the elector as provided in Code Section 21-2-234.
<del>(3) Once becoming a member of the nongovernmental entity described in subsection (d)
of Code Section 21-2-225, the Secretary of State shall obtain regular information from
such entity regarding electors who may have moved to another state, died, or otherwise
become ineligible to vote in Georgia. The Secretary of State shall use such information
to conduct list maintenance on the list of eligible electors."
</del> SECTION 9.
Said chapter is further amended in Code Section 21-2-382, relating to additional buildings
as additional registrar's office or place of registration for receiving absentee ballots and for
advance voting, and drop boxes, by revising subsection (c) and adding a new subsection to
read as follows:
"(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box
as a means for absentee by mail electors to deliver their ballots to the board of registrars
or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish
additional drop boxes, subject to the limitations of this Code section, but may only
establish additional drop boxes totaling the lesser of either one drop box for every
100,000 active registered voters in the county or the number of advance voting locations
in the county. Any additional drop boxes shall be evenly geographically distributed by
population in the county. Drop boxes established pursuant to this Code section shall be
established at the office of the board of registrars or absentee ballot clerk or inside
locations at which advance voting, as set forth in subsection (d) of Code Section
21-2-385, is conducted in the applicable primary, election, or runoff and may be open
during the hours of advance voting at that location. Such drop boxes shall be closed
when advance voting is not being conducted at that location. All drop boxes shall be
closed when the advance voting period ends, as set forth in subsection (d) of Code
Section 21-2-385. The drop box location shall have adequate lighting and be under
constant surveillance by an election official or his or her designee, law enforcement
official, or licensed security guard. During an emergency declared by the Governor
pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the
board of registrars or absentee ballot clerk or outside of locations at which advance voting
is taking place, subject to the other limitations of this Code section.
(2) The opening slot of a drop box shall not allow ballots to be tampered with or
removed and shall be designed to minimize the ability for liquid or other substances that
may damage ballots to be poured into the drop box. A drop box shall be labeled
'OFFICIAL ABSENTEE BALLOT DROP BOX' and shall clearly display the signage
developed by the Secretary of State pertaining to Georgia law with regard to who is
allowed to return absentee ballots and destroying, defacing, or delaying delivery of
ballots.
(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and
return of ballots deposited at each drop box at the conclusion of each day where advance
voting takes place. Collection of ballots from a drop box shall be made by a team of at
least two people. Any person collecting ballots from a drop box shall have sworn an oath
in the same form as the oath for poll officers set forth in Code Section 21-2-95. The
collection team shall complete and sign a ballot transfer form upon removing the ballots
from the drop box which shall include the date, time, location, number of ballots,
confirmation that the drop box was locked after the removal of the ballots, and the
identity of each person collecting the ballots. The collection team shall then immediately
transfer the ballots to the board of registrars or absentee ballot clerk, who shall process
and store the ballots in the same manner as absentee ballots returned by mail are
processed and stored. The board of registrars, absentee ballot clerk, or a designee of the
board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt
of the ballots from the collection team. Such form shall be considered a public record
pursuant to Code Section 50-18-70.
(4) At the beginning of voting at each advance location where a drop box is present, the
manager of the advance voting location shall open the drop box and confirm on the
reconciliation form for that advance voting location that the drop box is empty. If the
drop box is not empty, the manager shall secure the contents of the drop box and
immediately inform the election superintendent, board of registrars, or absentee ballot
clerk, who shall inform the Secretary of State.
<ins>(5) At each advance voting location where a drop box is present, the board of registrars
or absentee ballot clerk shall initiate video surveillance and recording of such location
upon the conclusion of voting on each day of advance voting. Such surveillance shall
ensure that a visual record is made of each such drop box. In the event that constant and
direct video surveillance of a drop box is not possible when advance voting is not
occurring, such ballot box shall be removed from areas of public access, locked, and
rendered inoperable so that no absentee ballots may be inserted into it. A recording of
all such video surveillance shall be retained in the same manner as provided for in
subsection (a) of Code Section 21-2-390. A board of registrars or absentee ballot clerk
may livestream to the public any such video surveillance.
</ins>
<ins>(d) Notwithstanding any provisions of this article to the contrary, the registrars or absentee
ballot clerk shall not accept the hand delivery of any absentee ballot following the end of
the period of advance voting provided for in subsection (d) of Code Section 21-2-385;
provided, however, that this subsection shall not apply to:
(1) Any absentee ballots delivered to the registrars or absentee ballot clerks at the
registrars' or absentee ballot clerk's office on the date of a primary, election, or runoff
during the hours polls are open on such day;
(2) Absentee ballots hand delivered to the registrars or absentee ballot clerks at the
registrars' or absentee ballot clerk's office on the Monday prior to the date of a primary
or election, if open for business, between the hours of 7:00 A.M. and 7:00 P.M.;
provided, however, that the registrar or absentee ballot clerk shall provide public notice,
at least 14 days prior to such date, that absentee ballots will be accepted at such locations
on such date and times;
(3) Absentee ballots delivered to the registrars or absentee ballot clerks by the United
States Postal Service or other common carrier; or
(4) Absentee ballots cast pursuant to the federal Uniformed and Overseas Citizens
Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended."
</ins> SECTION 10.
Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting
by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) and
subsection (e) as follows:
"(d)(1) There shall be a period of advance voting that shall commence:
(A) On the fourth Monday immediately prior to each primary or election; and
(B) As soon as possible prior to a runoff from any general primary or election but no
later than the second Monday immediately prior to such runoff
and shall end on the Friday immediately prior to each primary, election, or runoff.
Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,
other than observed state holidays, during such period and shall be conducted on the
second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the
registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both
the second and third Sundays prior to a primary or election during hours determined by
the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;
provided, however, that, if such second Saturday is a public and legal holiday pursuant
to Code Section 1-4-1, if such second Saturday follows a public and legal holiday
occurring on the Thursday or Friday immediately preceding such second Saturday, or if
such second Saturday immediately precedes a public and legal holiday occurring on the
following Sunday or Monday, such advance voting shall not be held on such second
Saturday but shall be held on the third Saturday prior to such primary or election
beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this
paragraph, the registrars may extend the hours for voting to permit advance voting
from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant
to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their
option; provided, however, that voting shall occur only on the days specified in this
paragraph and counties and municipalities shall not be authorized to conduct advance
voting on any other days. <ins>Notwithstanding any other provision of this paragraph to the
contrary, the governing authority of a municipality may opt out of conducting voting on
one or more Saturdays during the period of advance voting in any municipal election for
such municipality, by action taken during a duly called public meeting of the governing
authority; provided, however, that the provisions of this sentence shall not apply to any
municipal election that is held concurrent with and on the same date as any county or
state primary, election, or runoff thereof."
</ins>
"(e) On each day of an absentee voting period, each county board of registrars or municipal
absentee ballot clerk shall report for the county or municipality to the Secretary of State
and post on the county or municipal website, or if the county or municipality does not
maintain such a website, a place of public prominence in the county or municipality, not
later than 10:00 A.M. on each business day the number of persons <ins>by precinct</ins> to whom
absentee ballots have been issued, the number of persons <ins>by precinct</ins> who have returned
absentee ballots, and the number of absentee ballots <ins>by precinct</ins> that have been rejected.
Additionally, on each day of an advance voting period, each county board of registrars or
municipal absentee ballot clerk shall report to the Secretary of State and post on the county
or municipal website, or if the county or municipality does not maintain such a website, a
place of public prominence in the county or municipality, not later than 10:00 A.M. on
each business day the number of persons <ins>by precinct</ins> who have voted at the advance voting
sites in the county or municipality, <ins>and for each primary the number of nonpartisan ballots
requested.</ins> During the absentee voting period and for a period of three days following a
primary, election, or runoff, each county board of registrars or municipal absentee ballot
clerk shall report to the Secretary of State and post on the county or municipal website, or
if the county or municipality does not maintain such a website, a place of public
prominence in the county or municipality, not later than 10:00 A.M. on each business day
the number of persons <ins>by precinct</ins> who have voted provisional ballots, the number of
provisional ballots that have verified or cured and accepted for counting, and the number
of provisional ballots that have been rejected."
SECTION 11.
Said chapter is further amended in Code Section 21-2-408, relating to poll watchers,
designation, duties, removal for interference with election, reports of infractions or
irregularities, ineligibility of candidates to serve, and training, by revising subsection (c) as
follows:
"(c) In counties or municipalities using direct recording electronic (DRE) voting systems
or optical scanning voting systems, each political party may appoint two poll watchers in
each primary or election, each political body may appoint two poll watchers in each
election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan
election, and each independent candidate may appoint one poll watcher in each election to
serve in the locations designated by the superintendent within the tabulating center. Such
designated locations shall include the check-in area, the computer room, the duplication
area, and such other areas <ins>that tabulation processes are taking place, including, but not
limited to, adjudication of provisional ballots, closing of advance voting equipment, the
verification and processing of absentee ballots, memory card transfers, or election
reconciliation processes</ins> as the superintendent may deem necessary to the assurance of fair
and honest procedures in the tabulating center. The locations designated by the
superintendent shall ensure that each poll watcher can fairly observe the procedures set
forth in this Code section. The poll watchers provided for in this subsection shall be
appointed and serve in the same manner as other poll watchers."
SECTION 12.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"21-2-493.1.
(a) For each primary, election, or runoff, after the final uploading of unofficial and
incomplete election results on election night, the election superintendent shall prepare a
report indicating the vote totals, by precinct and voting method, for all contests on the
ballot; provided, however, that such report need not include information from:
(1) Absentee ballots cast pursuant to the federal Uniformed and Overseas Citizens
Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended;
(2) Provisional ballots; or
(3) Any ballots requiring adjudication.
</ins>
<ins>(b) As soon as possible but not later than 11:59 P.M. or after the final uploading of
unofficial and incomplete election results on election night, the election superintendent
shall ensure that a copy of such report is posted on the public website maintained by the
county or municipality, if such public website exists. If no such public website exists, or
if the election superintendent cannot upload to such website outside of business hours, such
report must be posted in a public place that is accessible 24 hours a day to the public."
</ins> SECTION 13.
Said chapter is further amended in Code Section 21-2-540, relating to conduct and timing of
special primaries and special elections generally, by revising subsection (b) and
paragraph (2) of subsection (c) as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding
of same, and at least 29 days shall intervene between the call of a special election and the
holding of same. The period during which candidates may qualify to run in a special
primary or a special election shall remain open for a minimum of two and one-half days.
Special elections to present questions to the voters which are to be held in conjunction with
the presidential preference primary, a state-wide general primary, <del>or</del> state-wide general
election, <ins>state-wide special primary, or state-wide special election</ins> shall be called at least
90 days prior to the date of such presidential preference primary, state-wide general
primary, <del>or</del> state-wide general election, <ins>state-wide special primary, or state-wide special
election;</ins> provided, however, that this requirement shall not apply to special elections to
present questions to the voters held on the same date as such presidential preference
primary, state-wide general primary, <del>or</del> state-wide general election, <ins>state-wide special
primary, or state-wide special election</ins> but conducted completely separate and apart from
such state-wide general primary or state-wide general election using different ballots or
voting equipment, facilities, poll workers, and paperwork."
"(2) Notwithstanding any other provision of law to the contrary, a special election to
present a question to the voters shall be held only on one of the following dates which is
at least 29 days after the date of the call for the special election:
(A) In odd-numbered years, any such special election shall only be held on <del>the:
</del> <ins>(i) The</ins> third Tuesday in March <del>or on the;
</del> <ins>(ii) The</ins> Tuesday after the first Monday in November; <del>and</del> <ins>or
(iii) The date of and in conjunction with any state-wide special primary or special
election if one is held that year, regardless of whether or not such special primary or
special election is held pursuant to the terms of this chapter; provided, however, that
the 90 days call provision of subsection (b) of this Code section shall not apply to a
special election held pursuant to this division; and
</ins> (B) In even-numbered years, any such special election shall only be held on:
(i) The date of and in conjunction with the presidential preference primary if one is
held that year;
(ii) The third Tuesday in March; provided, however, that such special election shall
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;
(iii) The date of the general primary; or
(iv) The Tuesday after the first Monday in November."
SECTION 14.
Said chapter is further amended by revising Code Section 21-2-540, relating to conduct and
timing of special primaries and special elections generally, effective on July 1, 2026, as
follows:
"21-2-540.
(a)(1) Every special primary and special election shall be held and conducted in all
respects in accordance with the provisions of this chapter relating to general primaries
and general elections; and the provisions of this chapter relating to general primaries and
general elections shall apply thereto insofar as practicable and as not inconsistent with
any other provisions of this chapter. All special primaries and special elections held at
the time of a general primary, as provided by Code Section 21-2-541, shall be conducted
by the poll officers by the use of the same equipment and facilities, insofar as practicable,
as are used for such general primary. All special primaries and special elections held at
the time of a general election, as provided by Code Section 21-2-541, shall be conducted
by the poll officers by the use of the same equipment and facilities, insofar as practicable,
as are used for such general election.
(2) If a vacancy occurs in a partisan office to which the Governor is authorized to
appoint an individual to serve until the next general election, a special primary shall
precede the special election.
(b) At least <del>29</del> <ins>60</ins> days shall intervene between the call of a special primary and the
holding of same, and at least <del>29</del> <ins>45</ins> days shall intervene between the call of a special
election and the holding of same. The period during which candidates may qualify to run
in a special primary or a special election shall remain open for a minimum of two and
one-half days. Special elections to present questions to the voters which are to be held in
conjunction with the presidential preference primary, a state-wide general primary,
state-wide general election, state-wide special primary, or state-wide special election shall
be called at least 90 days prior to the date of such presidential preference primary,
state-wide general primary, state-wide general election, state-wide special primary, or
state-wide special election; provided, however, that this requirement shall not apply to
special elections to present questions to the voters held on the same date as such
presidential preference primary, state-wide general primary, state-wide general election,
state-wide special primary, or state-wide special election but conducted completely
separate and apart from such state-wide general primary or state-wide general election
using different ballots or voting equipment, facilities, poll workers, and paperwork.
(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or
special election to fill a vacancy in a county or municipal office shall be held only on one
of the following dates which is at least <del>29</del> <ins>60</ins> days after the date of the call for the special
election:
(A) In odd-numbered years, any such special primary or special election shall only be
held on:
(i) The third Tuesday in March;
(ii) The third Tuesday in June; <ins>or
</ins> (iii) <del>The third Tuesday in September; or
(iv)</del> The Tuesday after the first Monday in November; and
(B) In even-numbered years, any such special primary or special election shall only be
held on:
(i) The third Tuesday in March; provided, however, that in the event that a special
primary or special election is to be held under this provision in a year in which a
presidential preference primary is to be held, then any such special primary or special
election shall be held on the date of and in conjunction with the presidential
preference primary;
(ii) The date of the general primary; or
(iii) The Tuesday after the first Monday in November;
provided, however, that, in the event that a special primary or special election to fill a
federal or state office on a date other than the dates provided in this paragraph has been
scheduled and it is possible to hold a special primary or special election to fill a vacancy
in a county, municipal, or school board office in conjunction with such special primary
or special election to fill a federal or state office, the special primary or special election
to fill such county, municipal, or school board office may be held on the date of and in
conjunction with such special primary or special election to fill such federal or state
office, provided all other provisions of law regarding such primaries and elections are
met.
(2) Notwithstanding any other provision of law to the contrary, a special election to
present a question to the voters shall be held only on one of the following dates which is
at least <del>29</del> <ins>45</ins> days after the date of the call for the special election:
(A) In odd-numbered years, any such special election shall only be held on:
(i) The third Tuesday in March;
(ii) The Tuesday after the first Monday in November; or
(iii) The date of and in conjunction with any state-wide special primary or special
election if one is held that year, regardless of whether or not such special primary or
special election is held pursuant to the terms of this chapter; provided, however, that
the 90 days call provision of subsection (b) of this Code section shall not apply to a
special election held pursuant to this division; and
(B) In even-numbered years, any such special election shall only be held on:
(i) The date of and in conjunction with the presidential preference primary if one is
held that year;
(ii) <del>The third Tuesday in March; provided, however, that such special election shall
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;
(iii)</del> The date of the general primary; or
<ins>(iv)(iii)</ins> The Tuesday after the first Monday in November.
(3) The provisions of this subsection shall not apply to:
(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'
to recall a public officer or to fill a vacancy in a public office caused by a recall
election; and
(B) Special primaries or special elections to fill vacancies in federal or state public
offices.
(d) Except as otherwise provided by this chapter, the superintendent of each county or
municipality shall publish the call of the special primary or special election.
(e)(1) Candidates in special elections for partisan offices that are not preceded by special
primaries shall be listed alphabetically on the ballot and may choose to designate on the
ballot their party affiliation. The party affiliation selected by a candidate shall not be
changed following the close of qualifying.
(2) Candidates in special primaries shall be listed alphabetically on the ballot."
SECTION 15.
(a) Except as provided for in subsection (b) of this section, this Act shall become effective
on July 1, 2025.
(b)(1) Sections 1, 6, 13, 16, and this section of this Act shall become effective upon their
approval by the Governor or upon their becoming law without such approval.
(2) Section 14 of this Act shall become effective on July 1, 2026.
(3) Sections 7 and 8 of this Act shall become effective on July 1, 2027.
SECTION 16.
All laws and parts of laws in conflict with this Act are repealed.