Georgia CommonsHB 503: State Election Board; promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered years; provide
Introduced version, the latest LegiScan holds · Last action February 20, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 503
By: Representatives Draper of the 90th, Griffin of the 149th, Campbell of the 35th, and Myles of the 126th
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 may only promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered years; to provide for related matters; 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 by revising Code Section 21-2-35, relating to emergency rules and regulations, imminent peril requirement, and procedures, as follows:
"21-2-35.
(a) Except for emergency rule making as provided for in subsection (b) of this Code section, the State Election Board shall only promulgate, amend, adopt, or repeal rules and regulations during odd-numbered years. After July 1, 2025, the State Election Board shall take no rule-making action upon nonemergency rules or regulations, including the initiation of any rule making, promulgation, amendment, adoption, or repeal of nonemergency rules or regulations in an even-numbered year.
(b) 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.
(b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to subsection (b) of 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. (c)(d) 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 2.
All laws and parts of laws in conflict with this Act are repealed.