SB598: SB598 Elections and Primaries; nonemergency rules or regulations adopted by the State Election Board within 180 days of an election shall not be effective for such election; provide

26 LC 47 4039 Senate Bill 598 By: Senators Mangham of the 55th, Jones II of the 22nd, Wicks o f 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 to1 elections and primaries generally, so as to provide that noneme rgency rules or regulations2 adopted by the State Election Board within 180 days of an election shall not be effective for3 such election; to provide that certain changes to election practices or procedures made by a4 local election superintendent within 180 days of an election shall not be effective for such5 election; to provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and9 primaries generally, is amended by revising Code Section 21-2-3 5, relating to emergency10 rules and regulations, imminent peril requirement, and procedures, as follows:11 "21-2-35.12 (a) Except for the adoption of any emergency rule or regulatio n as provided for in13 subsection (b) of this Code section, if the State Election Board adopts a rule, as such term14 is defined in Code Section 50-13-2, or a regulation and the date of such adoption is within15 180 days of:16 S. B. 598 - 1 - 26 LC 47 4039 (1) The date of a presidential preference primary, general primary, general election, or17 runoff thereof, the effective date of such rule or regulation shall be the day following the18 date such primary, election, or runoff is certified; or19 (2) The date of a special primary, special election, or runoff thereof, the effective date20 of such rule or regulation shall be as otherwise provided by law; provided, however, that21 such rule or regulation shall not be applicable to the conducti ng of any such special22 primary, special election, or runoff.23 (b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to24 emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure25 Act,' to the contrary, the State Election Board may only adopt emergency rules or26 regulations in circumstances of imminent peril to public health , safety, or welfare. To27 adopt any such emergency rule or regulation, in addition to any other rule-making28 requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:29 (1) Give notice to the public of its intended action;30 (2) Immediately upon the setting of the date and time of the m eeting at which such31 emergency rule or regulation is to be considered give notice by email of its intended32 action to:33 (A) The Governor;34 (B) The Lieutenant Governor;35 (C) The Speaker of the House of Representatives;36 (D) The chairpersons of the standing committees of each house of the General37 Assembly tasked with election matters;38 (E) The Secretary of State;39 (F) Legislative counsel; and40 (G) The chief executive officer of each political party regist ered pursuant to41 subsection (a) of Code Section 21-2-110; and42 S. B. 598 - 2 - 26 LC 47 4039 (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature43 of the emergency and the manner in which such emergency represents an imminent peril44 to public health, safety, or welfare.45 (b)(c) Upon adoption or promulgation of any emergency rule or regula tion pursuant to46 subsection (b) of this Code section, a majority of the State Election Board shall certify in47 writing that such emergency rule or regulation was made in stri ct and exact compliance48 with the provisions of this chapter and subsection (e) of Code Section 50-13-4.49 (c)(d) In the event of any conflict between this Code section and any provision of Chapter50 13 of Title 50, this Code section shall govern and supersede an y such conflicting51 provision."52 SECTION 2.53 Said chapter is further amended by adding a new Code section to read as follows:54 "21-2-79.55 Except for where specifically authorized or required by this ch apter, if a local election56 superintendent adopts or revises any practice or procedure rela ted to elections or voter57 registration within 180 days of:58 (1) The date of a presidential preference primary, general primary, general election, or59 runoff thereof, the effective date of such practice or procedure shall be the day following60 the date such primary, election, or runoff is certified; or61 (2) The date of a special primary, special election, or runoff thereof, the effective date62 of such rule or regulation shall be as otherwise provided by law; provided, however, that63 such practice or procedure shall not be applicable to the conducting of any such special64 primary, special election, or runoff."65 SECTION 3.66 All laws and parts of laws in conflict with this Act are repealed.67 S. B. 598 - 3 -