25 LC 47 3330
House Bill 397
By: Representatives Fleming of the 114
th
, LaHood of the 175
th
, Leverett of the 123
rd
, Gullett
of the 19
th
, Scoggins of the 14
th
, 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
1
elections and primaries generally, so as to allow municipalities to opt in to providing advance2
voting on Saturdays for municipal elections; to revise provisions related to the timelines for3
calling special elections and the dates on which special elections can be held; to provide for4
related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and8
primaries generally, is amended in Code Section 21-2-385, relating to procedure for voting9
by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) as follows:10
"(1) There shall be a period of advance voting that shall commence:11
(A) On the fourth Monday immediately prior to each primary or election; and12
(B) As soon as possible prior to a runoff from any general primary or election but no13
later than the second Monday immediately prior to such runoff14
and shall end on the Friday immediately prior to each primary, election, or runoff. 15
Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,16
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other than observed state holidays, during such period and shall be conducted on the
17
second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the18
registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both19
the second and third Sundays prior to a primary or election during hours determined by20
the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;21
provided, however, that, if such second Saturday is a public and legal holiday pursuant22
to Code Section 1-4-1, if such second Saturday follows a public and legal holiday23
occurring on the Thursday or Friday immediately preceding such second Saturday, or if24
such second Saturday immediately precedes a public and legal holiday occurring on the25
following Sunday or Monday, such advance voting shall not be held on such second26
Saturday but shall be held on the third Saturday prior to such primary or election27
beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this28
paragraph, the registrars may extend the hours for voting to permit advance voting29
from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant30
to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their31
option; provided, however, that voting shall occur only on the days specified in this32
paragraph and counties and municipalities shall not be authorized to conduct advance33
voting on any other days. Notwithstanding any other provision of this paragraph to the
34
contrary, the period of advance voting in any municipal election shall not include any35
Saturdays unless otherwise provided by the municipal election superintendent for the36
relevant municipality."37
SECTION 2.38
Said chapter is further amended by revising Code Section 21-2-540, relating to conduct and39
timing of special primaries and special elections generally, as follows:40
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"21-2-540.
41
(a)(1) Every special primary and special election shall be held and conducted in all42
respects in accordance with the provisions of this chapter relating to general primaries43
and general elections; and the provisions of this chapter relating to general primaries and44
general elections shall apply thereto insofar as practicable and as not inconsistent with45
any other provisions of this chapter. All special primaries and special elections held at46
the time of a general primary, as provided by Code Section 21-2-541, shall be conducted47
by the poll officers by the use of the same equipment and facilities, insofar as practicable,48
as are used for such general primary. All special primaries and special elections held at49
the time of a general election, as provided by Code Section 21-2-541, shall be conducted50
by the poll officers by the use of the same equipment and facilities, insofar as practicable,51
as are used for such general election.52
(2) If a vacancy occurs in a partisan office to which the Governor is authorized to53
appoint an individual to serve until the next general election, a special primary shall54
precede the special election.55
(b) At least 29
60 days shall intervene between the call of a special primary and the56
holding of same, and at least 29 60 days shall intervene between the call of a special57
election and the holding of same. The period during which candidates may qualify to run58
in a special primary or a special election shall remain open for a minimum of two and59
one-half days. Special elections to present questions to the voters which are to be held in60
conjunction with the presidential preference primary, a state-wide general primary, or61
state-wide general election shall be called at least 90 days prior to the date of such62
presidential preference primary, state-wide general primary, or state-wide general election;63
provided, however, that this requirement shall not apply to special elections to present64
questions to the voters held on the same date as such presidential preference primary,65
state-wide general primary, or state-wide general election but conducted completely66
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separate and apart from such state-wide general primary or state-wide general election
67
using different ballots or voting equipment, facilities, poll workers, and paperwork.68
(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or69
special election to fill a vacancy in a county or municipal office shall be held only on one70
of the following dates which is at least 29
60 days after the date of the call for the special71
election:72
(A) In odd-numbered years, any such special primary or special election shall only be73
held on:74
(i) The third Tuesday in March;75
(ii) The third Tuesday in June; or76
(iii) The third Tuesday in September; or77
(iv) The Tuesday after the first Monday in November; and78
(B) In even-numbered years, any such special primary or special election shall only be79
held on:80
(i) The third Tuesday in March; provided, however, that in the event that a special81
primary or special election is to be held under this provision in a year in which a82
presidential preference primary is to be held, then any such special primary or special83
election shall be held on the date of and in conjunction with the presidential84
preference primary;85
(ii) The date of the general primary; or86
(iii) The Tuesday after the first Monday in November;87
provided, however, that, in the event that a special primary or special election to fill a88
federal or state office on a date other than the dates provided in this paragraph has been89
scheduled and it is possible to hold a special primary or special election to fill a vacancy90
in a county, municipal, or school board office in conjunction with such special primary91
or special election to fill a federal or state office, the special primary or special election92
to fill such county, municipal, or school board office may be held on the date of and in93
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conjunction with such special primary or special election to fill such federal or state
94
office, provided all other provisions of law regarding such primaries and elections are95
met.96
(2) Notwithstanding any other provision of law to the contrary, a special election to97
present a question to the voters shall be held only on one of the following dates which is98
at least 29
60 days after the date of the call for the special election:99
(A) In odd-numbered years, any such special election shall only be held on the third100
Tuesday in March or on the Tuesday after the first Monday in November; and101
(B) In even-numbered years, any such special election shall only be held on:102
(i) The date of and in conjunction with the presidential preference primary if one is103
held that year;104
(ii) The third Tuesday in March; provided, however, that such special election shall105
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes106
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;107
(iii) The date of the general primary; or108
(iv)(iii) The Tuesday after the first Monday in November.109
(3) The provisions of this subsection shall not apply to:110
(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'111
to recall a public officer or to fill a vacancy in a public office caused by a recall112
election; and113
(B) Special primaries or special elections to fill vacancies in federal or state public114
offices.115
(d) Except as otherwise provided by this chapter, the superintendent of each county or116
municipality shall publish the call of the special primary or special election.117
(e)(1) Candidates in special elections for partisan offices that are not preceded by special118
primaries shall be listed alphabetically on the ballot and may choose to designate on the119
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ballot their party affiliation. The party affiliation selected by a candidate shall not be
120
changed following the close of qualifying.121
(2) Candidates in special primaries shall be listed alphabetically on the ballot."122
SECTION 3.123
All laws and parts of laws in conflict with this Act are repealed.124
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