25 LC 47 3485S
The House Committee on Governmental Affairs offers the following substitute to HB 397:
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 revise procedures for the removal of members of2
the State Election Board who were elected by a house of the General Assembly; to allow3
municipalities to opt out of providing advance voting on Saturdays for municipal elections;4
to revise provisions related to the timelines for calling special elections and the dates on5
which special elections can be held; to provide for related matters; to provide for effective6
dates; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and10
primaries generally, is amended in Code Section 21-2-30, relating to creation, membership,11
terms of service, vacancies, quorum, bylaws, meetings, and executive director, by revising12
subsection (b) as follows:13
"(b) A member elected by a house of the General Assembly shall take office on the day14
following the adjournment of the regular session in which elected and shall serve for a term15
of two years and until his or her successor is elected and qualified, unless sooner removed.16
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An elected member of the board may be removed at any time the General Assembly is in17
session by a majority vote of the house which elected him or her, or at any time when the18
General Assembly is not in session by the President of the Senate if such member was19
elected by the Senate or by the Speaker of the House of Representatives if such member20
was elected by the House of Representatives. In the event a vacancy should occur in the21
office of such a member of the board at a time when the General Assembly is not in22
session, then the President of the Senate shall thereupon appoint an elector to fill the23
vacancy if the prior incumbent of such office was elected by the Senate or appointed by the24
President of the Senate; and the Speaker of the House of Representatives shall thereupon25
appoint an elector to fill the vacancy if the prior incumbent of such office was elected by26
the House of Representatives or appointed by the Speaker of the House of Representatives.27
A member appointed to fill a vacancy may be removed at any time by a majority vote of28
the house whose presiding officer appointed him or her in the same manner as a member29
elected by a house of the General Assembly."30
SECTION 2.31
Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting32
by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) as follows:33
"(1) There shall be a period of advance voting that shall commence:34
(A) On the fourth Monday immediately prior to each primary or election; and35
(B) As soon as possible prior to a runoff from any general primary or election but no36
later than the second Monday immediately prior to such runoff37
and shall end on the Friday immediately prior to each primary, election, or runoff. 38
Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,39
other than observed state holidays, during such period and shall be conducted on the40
second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the41
registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both42
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the second and third Sundays prior to a primary or election during hours determined by43
the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;44
provided, however, that, if such second Saturday is a public and legal holiday pursuant45
to Code Section 1-4-1, if such second Saturday follows a public and legal holiday46
occurring on the Thursday or Friday immediately preceding such second Saturday, or if47
such second Saturday immediately precedes a public and legal holiday occurring on the48
following Sunday or Monday, such advance voting shall not be held on such second49
Saturday but shall be held on the third Saturday prior to such primary or election50
beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this51
paragraph, the registrars may extend the hours for voting to permit advance voting52
from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant53
to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their54
option; provided, however, that voting shall occur only on the days specified in this55
paragraph and counties and municipalities shall not be authorized to conduct advance56
voting on any other days. Notwithstanding any other provision of this paragraph to the57
contrary, a city council or other municipal governing body may opt out of conducting58
voting on one or more Saturdays during the period of advance voting in any municipal59
election, by action taken during a duly called public meeting of the city council or other60
municipal governing body."61
SECTION 3.62
Said chapter is further amended in Code Section 21-2-540, relating to conduct and timing of63
special primaries and special elections generally, by revising subsection (b) and64
paragraph (2) of subsection (c) as follows:65
"(b) At least 29 days shall intervene between the call of a special primary and the holding66
of same, and at least 29 days shall intervene between the call of a special election and the67
holding of same. The period during which candidates may qualify to run in a special68
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primary or a special election shall remain open for a minimum of two and one-half days.69
Special elections to present questions to the voters which are to be held in conjunction with70
the presidential preference primary, a state-wide general primary, or state-wide general71
election, state-wide special primary, or state-wide special election shall be called at least72
90 days prior to the date of such presidential preference primary, state-wide general73
primary, or state-wide general election, state-wide special primary, or state-wide special74
election; provided, however, that this requirement shall not apply to special elections to75
present questions to the voters held on the same date as such presidential preference76
primary, state-wide general primary, or state-wide general election, state-wide special77
primary, or state-wide special election but conducted completely separate and apart from78
such state-wide general primary or state-wide general election using different ballots or79
voting equipment, facilities, poll workers, and paperwork."80
"(2) Notwithstanding any other provision of law to the contrary, a special election to81
present a question to the voters shall be held only on one of the following dates which is82
at least 29 days after the date of the call for the special election:83
(A) In odd-numbered years, any such special election shall only be held on the:84
(i) The third Tuesday in March or on the;85
(ii) The Tuesday after the first Monday in November; and or86
(iii) The date of and in conjunction with any state-wide special primary or special87
election if one is held that year, regardless of whether or not such special primary or88
special election is held pursuant to the terms of this chapter; provided, however, that89
the 90 days call provision of subsection (b) of this Code section shall not apply to a90
special election held pursuant to this division; and91
(B) In even-numbered years, any such special election shall only be held on:92
(i) The date of and in conjunction with the presidential preference primary if one is93
held that year;94
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(ii) The third Tuesday in March; provided, however, that such special election shall95
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes96
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;97
(iii) The date of the general primary; or98
(iv) The Tuesday after the first Monday in November."99
SECTION 4.100
Said chapter is further amended by revising Code Section 21-2-540, relating to conduct and101
timing of special primaries and special elections generally, effective on July 1, 2026, as102
follows:103
"21-2-540.104
(a)(1) Every special primary and special election shall be held and conducted in all105
respects in accordance with the provisions of this chapter relating to general primaries106
and general elections; and the provisions of this chapter relating to general primaries and107
general elections shall apply thereto insofar as practicable and as not inconsistent with108
any other provisions of this chapter. All special primaries and special elections held at109
the time of a general primary, as provided by Code Section 21-2-541, shall be conducted110
by the poll officers by the use of the same equipment and facilities, insofar as practicable,111
as are used for such general primary. All special primaries and special elections held at112
the time of a general election, as provided by Code Section 21-2-541, shall be conducted113
by the poll officers by the use of the same equipment and facilities, insofar as practicable,114
as are used for such general election.115
(2) If a vacancy occurs in a partisan office to which the Governor is authorized to116
appoint an individual to serve until the next general election, a special primary shall117
precede the special election.118
(b) At least 29 60 days shall intervene between the call of a special primary and the119
holding of same, and at least 29 60 days shall intervene between the call of a special120
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election and the holding of same. The period during which candidates may qualify to run121
in a special primary or a special election shall remain open for a minimum of two and122
one-half days. Special elections to present questions to the voters which are to be held in123
conjunction with the presidential preference primary, a state-wide general primary,124
state-wide general election, state-wide special primary, or state-wide special election shall125
be called at least 90 days prior to the date of such presidential preference primary,126
state-wide general primary, state-wide general election, state-wide special primary, or127
state-wide special election; provided, however, that this requirement shall not apply to128
special elections to present questions to the voters held on the same date as such129
presidential preference primary, state-wide general primary, state-wide general election,130
state-wide special primary, or state-wide special election but conducted completely131
separate and apart from such state-wide general primary or state-wide general election132
using different ballots or voting equipment, facilities, poll workers, and paperwork.133
(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or134
special election to fill a vacancy in a county or municipal office shall be held only on one135
of the following dates which is at least 29 60 days after the date of the call for the special136
election:137
(A) In odd-numbered years, any such special primary or special election shall only be138
held on:139
(i) The third Tuesday in March;140
(ii) The third Tuesday in June; or141
(iii) The third Tuesday in September; or142
(iv) The Tuesday after the first Monday in November; and143
(B) In even-numbered years, any such special primary or special election shall only be144
held on:145
(i) The third Tuesday in March; provided, however, that in the event that a special146
primary or special election is to be held under this provision in a year in which a147
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presidential preference primary is to be held, then any such special primary or special148
election shall be held on the date of and in conjunction with the presidential149
preference primary;150
(ii) The date of the general primary; or151
(iii) The Tuesday after the first Monday in November;152
provided, however, that, in the event that a special primary or special election to fill a153
federal or state office on a date other than the dates provided in this paragraph has been154
scheduled and it is possible to hold a special primary or special election to fill a vacancy155
in a county, municipal, or school board office in conjunction with such special primary156
or special election to fill a federal or state office, the special primary or special election157
to fill such county, municipal, or school board office may be held on the date of and in158
conjunction with such special primary or special election to fill such federal or state159
office, provided all other provisions of law regarding such primaries and elections are160
met.161
(2) Notwithstanding any other provision of law to the contrary, a special election to162
present a question to the voters shall be held only on one of the following dates which is163
at least 29 60 days after the date of the call for the special election:164
(A) In odd-numbered years, any such special election shall only be held on:165
(i) The third Tuesday in March;166
(ii) The Tuesday after the first Monday in November; or167
(iii) The date of and in conjunction with any state-wide special primary or special168
election if one is held that year, regardless of whether or not such special primary or169
special election is held pursuant to the terms of this chapter; provided, however, that170
the 90 days call provision of subsection (b) of this Code section shall not apply to a171
special election held pursuant to this division; and172
(B) In even-numbered years, any such special election shall only be held on:173
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(i) The date of and in conjunction with the presidential preference primary if one is174
held that year;175
(ii) The third Tuesday in March; provided, however, that such special election shall176
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes177
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;178
(iii) The date of the general primary; or179
(iv)(iii) The Tuesday after the first Monday in November.180
(3) The provisions of this subsection shall not apply to:181
(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'182
to recall a public officer or to fill a vacancy in a public office caused by a recall183
election; and184
(B) Special primaries or special elections to fill vacancies in federal or state public185
offices.186
(d) Except as otherwise provided by this chapter, the superintendent of each county or187
municipality shall publish the call of the special primary or special election.188
(e)(1) Candidates in special elections for partisan offices that are not preceded by special189
primaries shall be listed alphabetically on the ballot and may choose to designate on the190
ballot their party affiliation. The party affiliation selected by a candidate shall not be191
changed following the close of qualifying.192
(2) Candidates in special primaries shall be listed alphabetically on the ballot."193
SECTION 5.194
(a) Except as provided for in subsection (b) of this section, this Act shall become effective195
on July 1, 2025.196
(b)(1) Section 3 of this Act shall become effective upon its approval by the Governor or197
upon its becoming law without such approval.198
(2) Section 4 of this Act shall become effective on July 1, 2026.199
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SECTION 6.200
All laws and parts of laws in conflict with this Act are repealed.201
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