---
title: HB 728. Elections; limit effective date of rules or regulations adopted by State Election Board prior to a primary, election, or runoff
collection: bills
id: 2025-2026/hb728
cite_as: HB 728, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb728
md_url: https://georgiacommons.org/bills/2025-2026/hb728.md
text_url: https://georgiacommons.org/bills/2025-2026/hb728/text
source_url: https://www.legis.ga.gov/legislation/71168
date: 2025-04-04
status: introduced
corpus_version: bills-2026-08-28
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/hb727.md
next: https://georgiacommons.org/bills/2025-2026/hb729.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 235
omitted_url: https://georgiacommons.org/bills/2025-2026/hb728.md?full=1
bill_number: HB 728
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-03-04
last_action: House Withdrawn, Recommitted
sponsors:
  - Scott Hilton
  - Saira Draper
  - Bethany Ballard
  - Kasey Carpenter
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB728/2025
upstream_id: 1991517
summaries_model: claude-sonnet-5
topic_tags:
  - election rules
  - State Election Board
  - voting administration
  - election law changes
---

# HB 728. Elections; limit effective date of rules or regulations adopted by State Election Board prior to a primary, election, or runoff

## Text

25 LC 47 3484
House Bill 728
By: Representatives Hilton of the 48th, Draper of the 90th, Ballard of the 147th, and Carpenter
of the 4th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
elections and primaries generally, so as to limit the effective date of rules or regulations2
adopted by the State Election Board prior to a primary, electio n, or runoff; to provide for3
related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and7
primaries generally, is amended by revising Code Section 21-2-3 5, relating to emergency8
rules and regulations, imminent peril requirement, and procedures, as follows:9
"21-2-35.10
(a) Except for emergency rule-making as provided for in subsec tion (b) of this Code11
section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or12
a regulation and the date of such adoption is within 75 days of the:13
(1) Date of a presidential preference primary, general primary, general election, or runoff14
thereof, the effective date of such rule or regulation shall be 30 days following the date15
of such primary, election, or runoff; or16
H. B. 728
- 1 -
25 LC 47 3484
(2) Date of a special primary, special election, or runoff the reof, the effective date of17
such rule or regulation shall be effective as otherwise provide d by law; provided,18
however, that such rule or regulation shall not be applicable to the conducting of any such19
special primary, special election, or runoff.20
(b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to21
emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure22
Act,' to the contrary, the State Election Board may only adopt emergency rules or23
regulations in circumstances of imminent peril to public health , safety, or welfare. To24
adopt any such emergency rule or regulation, in addition to any other rule-making25
requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:26
(1) Give notice to the public of its intended action;27
(2) Immediately upon the setting of the date and time of the m eeting at which such28
emergency rule or regulation is to be considered, give notice by email of its intended29
action to:30
(A) The Governor;31
(B) The Lieutenant Governor;32
(C) The Speaker of the House of Representatives;33
(D) The chairpersons of the standing committees of each house of the General34
Assembly tasked with election matters;35
(E) The Secretary of State;36
(F) Legislative counsel; and37
(G) The chief executive officer of each political party regist ered pursuant to38
subsection (a) of Code Section 21-2-110; and39
(3) State in the notices required by paragraphs (1) and (2) of this subsection the nature40
of the emergency and the manner in which such emergency represents an imminent peril41
to public health, safety, or welfare.42
H. B. 728
- 2 -
25 LC 47 3484
(b)(c) Upon adoption or promulgation of any emergency rule or regula tion pursuant to43
subsection (b) of this Code section, a majority of the State Election Board shall certify in44
writing that such emergency rule or regulation was made in stri ct and exact compliance45
with the provisions of this chapter and subsection (e) of Code Section 50-13-4.46
(c)(d) In the event of any conflict between this Code section and an y provision of47
Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting48
provision."49
SECTION 2.50
All laws and parts of laws in conflict with this Act are repealed.51
H. B. 728
- 3 -

## 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 728 would delay any new State Election Board rule adopted within 75 days of a Georgia primary, election, or runoff until 30 days after that vote, and would tighten when the board can bypass that delay by declaring an emergency.

### Plain-language summary

Under current Georgia law (O.C.G.A. § 21-2-35), the State Election Board can adopt rules or regulations governing how elections are run, including emergency rules. HB 728 changes when those rules take effect if they are adopted close to an election.

If the board adopts a rule or regulation within 75 days of a presidential preference primary, general primary, general election, or runoff, the rule would not take effect until 30 days after that vote. For special primaries, special elections, or their runoffs, a late-adopted rule would take effect on its normal schedule but could not be applied to that specific special election.

The bill also limits the board's emergency rule-making power to situations of 'imminent peril to public health, safety, or welfare.' To adopt an emergency rule, the board must publicly announce its intended action, immediately email notice to the Governor, Lieutenant Governor, Speaker of the House, relevant legislative committee chairs, the Secretary of State, legislative counsel, and each registered political party's chief executive, and explain the nature of the emergency in those notices. A majority of the board must also certify in writing that any emergency rule strictly complied with the law.

### What it does

- Delays the effective date of any State Election Board rule or regulation adopted within 75 days of a primary, general election, or runoff until 30 days after that vote.
- Bars any rule adopted close to a special primary, special election, or runoff from applying to that specific contest, even though it still takes effect on its normal schedule.
- Restricts emergency rule-making by the State Election Board to cases of imminent peril to public health, safety, or welfare, overriding broader emergency powers otherwise granted under Georgia's Administrative Procedure Act (O.C.G.A. Chapter 13 of Title 50).
- Requires the board to give public notice and immediately email the Governor, Lieutenant Governor, Speaker of the House, legislative committee chairs, the Secretary of State, legislative counsel, and each political party's chief executive before adopting an emergency rule.
- Requires a majority of the State Election Board to certify in writing that any emergency rule strictly followed the law's procedures.

### Who it affects

The State Election Board itself, county election officials and boards who carry out the rules, candidates and political parties (whose chief executives must be notified of emergency rulemaking), and Georgia voters, whose primaries, elections, and runoffs could no longer be governed by rules adopted at the last minute.

### Why it matters

Late changes to election procedures close to voting day have caused confusion and litigation in past Georgia elections. By pushing back the effective date of near-election rules and narrowing emergency rulemaking, the bill would limit how quickly the State Election Board can change election procedures right before voters go to the polls.

### Key provisions

- Section 1 rewrites O.C.G.A. § 21-2-35: subsection (a) sets the 75-day window before a primary, general election, or runoff during which a new rule's effective date is pushed to 30 days after that vote.
- Subsection (a)(2) states that rules adopted near a special primary, special election, or runoff take effect on their normal schedule but cannot be applied to that special contest.
- New subsection (b) limits emergency rulemaking to circumstances of imminent peril to public health, safety, or welfare and requires public notice plus immediate email notice to a specific list of officials and party leaders.
- Subsection (b)(3) requires the notices to state the nature of the emergency and how it constitutes imminent peril.
- Renumbered subsection (c) requires a majority of the State Election Board to certify in writing that any emergency rule strictly complied with the chapter and with O.C.G.A. § 50-13-4(e).
- Renumbered subsection (d) states that this Code section governs over any conflicting provision in the Georgia Administrative Procedure Act (Chapter 13 of Title 50).
- Section 2 repeals all conflicting laws.

## Status

- Status: Introduced (2025-03-04)
- Last action: House Withdrawn, Recommitted (2025-04-04)
- Sponsors: Scott Hilton, Saira Draper, Bethany Ballard, Kasey Carpenter
- Official page: https://www.legis.ga.gov/legislation/71168

> The history, votes, and amendments (235 characters) are at https://georgiacommons.org/bills/2025-2026/hb728.md?full=1