HB 503: State Election Board; promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered years; provide

Currently the State Election Board can adopt, amend, or repeal election rules at any time, subject to existing emergency and administrative procedure requirements. This bill rewrites part of Georgia's election law (O.C.G.A. § 21-2-35) to say that, outside of true emergencies, the board can only take rule-making action during odd-numbered years. After July 1, 2025, the board could not start, promulgate, amend, adopt, or repeal any nonemergency rule or regulation in an even-numbered year. The bill keeps the existing emergency rule-making process largely intact but relabels it as subsection (b). To adopt an emergency rule, the board must still show imminent peril to public health, safety, or welfare, notify the public, immediately email notice to a list of state officials and party leaders, and explain the nature of the emergency. The bill also keeps the requirement that the board certify emergency rules were made in strict compliance with the law, and confirms this Code section overrides conflicting provisions of the Georgia Administrative Procedure Act.

• Restricts the State Election Board to making nonemergency rule changes (adopting, amending, or repealing rules) only during odd-numbered years, starting after July 1, 2025.
• Bars the board from even beginning a nonemergency rule-making process in an even-numbered year.
• Preserves the board's ability to adopt emergency rules at any time, but only when there is imminent peril to public health, safety, or welfare.
• Requires the board to notify the public and email specific officials, including the Governor, Lieutenant Governor, Speaker of the House, Secretary of State, and party chief executives, before adopting an emergency rule.
• Keeps the requirement that a majority of the board certify in writing that any emergency rule was adopted in strict compliance with the law.
• Clarifies that this Code section overrides any conflicting provision in the Georgia Administrative Procedure Act (O.C.G.A. Title 50, Chapter 13).

The State Election Board itself, which faces new timing limits on its rule-making power; state officials such as the Governor, Lieutenant Governor, Speaker of the House, Secretary of State, and legislative committee chairs, who must be notified of emergency rules; political parties registered with the state; and, indirectly, county election officials and voters affected by election rules.

Election administrators, candidates, and voters rely on the board's rules to know how elections are run. Limiting nonemergency rule changes to odd-numbered years, which fall between general election cycles, would prevent the board from altering rules in the same calendar year as elections held in even years, except through the narrower emergency process.

• Section 1 amends O.C.G.A. § 21-2-35 to add a new subsection (a) restricting the board to nonemergency rule-making only in odd-numbered years, effective after July 1, 2025.
• The new subsection (a) also blocks the board from initiating any nonemergency rule-making process during even-numbered years, not just finalizing rules.
• The existing emergency rule-making provisions become subsection (b), still requiring imminent peril to public health, safety, or welfare and public notice before adoption.
• Subsection (b) requires immediate email notice of emergency rule proposals to the Governor, Lieutenant Governor, Speaker of the House, relevant committee chairs, Secretary of State, legislative counsel, and party chief executives.
• The renumbered subsection (c) keeps the requirement that a majority of the board certify emergency rules were adopted in strict compliance with the chapter and O.C.G.A. § 50-13-4(e).
• The renumbered subsection (d) states this Code section governs over any conflicting provision of the Georgia Administrative Procedure Act (O.C.G.A. Title 50, Chapter 13).
• Section 2 repeals any conflicting laws.

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

• Saira Draper (D, HD-090)Primary sponsor
• Floyd Griffin (D, HD-149)
• Lisa Campbell (D, HD-035)
• L.C. Myles (D, HD-126)

• election rules
• State Election Board
• election administration
• government transparency