Senate Bill 598
By: Senators Mangham of the 55th, Jones II of the 22nd, Wicks of the 34th, Parkes of the
7th, Howard of the 35th and others
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 nonemergency rules or regulations
adopted by the State Election Board within 180 days of an election shall not be effective for
such election; to provide that certain changes to election practices or procedures made by a
local election superintendent within 180 days of an election shall not be effective for such
election; 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) <ins>Except for the adoption of any emergency rule or regulation as provided for in
subsection (b) of this Code section, if the State Election Board adopts a rule, as such term
is defined in Code Section 50-13-2, or a regulation and the date of such adoption is within
180 days of:
</ins>
<ins>(1) The date of a presidential preference primary, general primary, general election, or
runoff thereof, the effective date of such rule or regulation shall be the day following the
date such primary, election, or runoff is certified; or
(2) The date of a special primary, special election, or runoff thereof, the effective date
of such rule or regulation shall be as otherwise provided by law; provided, however, that
such rule or regulation shall not be applicable to the conducting of any such special
primary, special election, or runoff.
(b)</ins> 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.
<del>(b)(c)</del> Upon adoption or promulgation of any emergency rule or regulation pursuant to
<ins>subsection (b) of</ins> 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.
<ins>(c)(d)</ins> 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.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"21-2-79.
Except for where specifically authorized or required by this chapter, if a local election
superintendent adopts or revises any practice or procedure related to elections or voter
registration within 180 days of:
(1) The date of a presidential preference primary, general primary, general election, or
runoff thereof, the effective date of such practice or procedure shall be the day following
the date such primary, election, or runoff is certified; or
(2) The date of a special primary, special election, or runoff thereof, the effective date
of such rule or regulation shall be as otherwise provided by law; provided, however, that
such practice or procedure shall not be applicable to the conducting of any such special
primary, special election, or runoff."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.