---
title: HB 481. Elections; dates on which special elections to present questions to the voters can be held; revise provisions
collection: bills
id: 2025-2026/hb481
cite_as: HB 481, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb481
md_url: https://georgiacommons.org/bills/2025-2026/hb481.md
text_url: https://georgiacommons.org/bills/2025-2026/hb481/text
source_url: https://www.legis.ga.gov/legislation/70402
date: 2025-02-20
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb480.md
next: https://georgiacommons.org/bills/2025-2026/hb482.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb481.md?full=1
bill_number: HB 481
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-18
last_action: House Second Readers
sponsors:
  - Trey Kelley
  - Rob Leverett
  - Steven Sainz
  - Tyler Smith
  - Saira Draper
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB481/2025
upstream_id: 1974343
summaries_model: claude-sonnet-5
topic_tags:
  - election rules
  - special elections
  - voter referendums
  - local ballot measures
---

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

## Text

House Bill 481
By: Representatives Kelley of the 16th, Leverett of the 123rd, Sainz of the 180th, Smith of the
18th, and Draper of the 90th
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 revise provisions related to the dates on which
special elections to present questions to the voters can be held; to provide for related matters;
to provide for an effective date; 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 21-2-540, 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 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 481 would expand the dates Georgia counties can hold special elections that ask voters a yes-or-no question, adding state-wide special primaries and special elections to the list of qualifying election days.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2025-02-18)
- Last action: House Second Readers (2025-02-20)
- Sponsors: Trey Kelley, Rob Leverett, Steven Sainz, Tyler Smith, Saira Draper
- Official page: https://www.legis.ga.gov/legislation/70402

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb481.md?full=1
