Official Code of Georgia Annotated

Title 21. ELECTIONS · Chapter 2. ELECTIONS AND PRIMARIES GENERALLY · Article 2. SUPERVISORY BOARDS AND OFFICERS · Part 1. STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION

21-2-35. Emergency rules and regulations; imminent peril requirement; procedures.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
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. (1)
  Give notice to the public of its intended action;#
2. (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. (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)
Upon adoption or promulgation of any emergency rule or regulation pursuant to 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)
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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 21-2-35, enacted by Ga. L. 2021, p. 14, § 8/SB 202; Ga. L. 2024, p. 1028, § 2/SB 189, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, in paragraph (a)(2), added subparagraph (a)(2)(E), and redesignated former subparagraphs (a)(2)(E) and (a)(2)(F) as subparagraphs (a)(2)(F) and (a)(2)(G), respectively.

Law reviews

For article on the 2024 amendment of this Code section, see 41 Ga. St. U.L. Rev. 147 (2024).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t21-(v18)-pdf.pdf, Volume V18, 2023 edition, 2025 supplement, pages 21 to 22; merge action: replaced; file SHA-256 8651e769068e.

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