HB 481: Elections; dates on which special elections to present questions to the voters can be held; revise provisions

Current Georgia law (O.C.G.A. § 21-2-540) limits when local governments can hold special elections that put a specific question to voters, such as a tax referendum, tying those dates to the presidential preference primary, the general primary, or the general election. This bill adds two more categories, state-wide special primaries and state-wide special elections, to the list of elections that can trigger or accompany a question election. The bill also adds a new option for odd-numbered years: a special question election can now be held on the same date as any state-wide special primary or special election, if one occurs that year, without needing to meet the usual 90-day advance call requirement. The bill keeps the existing rule that at least 29 days must pass between calling a special election and holding it. It would take effect immediately if signed by the Governor.

• Adds state-wide special primaries and state-wide special elections to the list of election dates that can be paired with a question for voters.
• Creates a new option letting odd-year question elections be held on the same date as a state-wide special primary or special election.
• Waives the standard 90-day advance-call requirement for question elections held alongside a state-wide special primary or special election in odd years.
• Keeps the existing 29-day minimum gap between calling a special election and holding it.

County and local election officials who schedule special elections, local governments seeking voter approval on ballot questions such as tax measures, and Georgia voters who would see these questions on different possible election dates.

By adding more qualifying dates, local governments would have more flexibility to schedule votes on ballot questions, potentially reducing the number of separate, low-turnout election days and letting officials combine question elections with other state-wide special elections already being held.

• Section 1 revises subsection (b) of O.C.G.A. § 21-2-540 to include state-wide special primaries and state-wide special elections among the elections that trigger the 90-day advance call rule for paired question elections.
• Section 1 adds a new division (iii) to paragraph (c)(2)(A) allowing odd-year question elections to be held on the same date as a state-wide special primary or special election, without the 90-day call requirement.
• Section 2 makes the Act effective immediately upon the Governor's signature or upon becoming law without signature.
• Section 3 repeals any conflicting laws.

1. 2025-02-20House Second Readers (House)
2. 2025-02-19House First Readers (House)
3. 2025-02-18House Hopper (House)

• Trey Kelley (R, HD-016)Primary sponsor
• Rob Leverett (R, HD-123)
• Steven Sainz (R, HD-180)
• Tyler Smith (R, HD-018)
• Saira Draper (D, HD-090)

• election rules
• special elections
• voter referendums
• local ballot measures