| 7 | | - | elections and primaries generally, so as to provide that the State Election Board shall be2 |
|---|
| 8 | | - | administratively attached to the State Accounting Office; to provide for definitions; to limit3 |
|---|
| 9 | | - | the effective date of rules or regulations adopted by the State Election Board prior to a4 |
|---|
| 10 | | - | general primary, general election, or runoff thereof; to revise duties of the State Election5 |
|---|
| 11 | | - | Board; to revise provisions related to the qualification of presidential elections for6 |
|---|
| 12 | | - | independent candidates for the President or Vice President of the United States and candidate7 |
|---|
| 13 | | - | in special elections that are preceded by a special primary; to authorize counties to make the8 |
|---|
| 14 | | - | list of electors open for inspection at no cost; to remove authorization for the Secretary of9 |
|---|
| 15 | | - | State to become a member of a nongovernmental entity whose purpose is to share and10 |
|---|
| 16 | | - | exchange information in order to improve the accuracy and efficiency of voter registration11 |
|---|
| 17 | | - | systems; to prohibit the Secretary of State and other state and local actors from participating12 |
|---|
| 18 | | - | in certain multistate voter list maintenance organizations; to authorize the Secretary of State13 |
|---|
| 19 | | - | to enter into voter list maintenance joint compacts with other states and authorize the sharing14 |
|---|
| 20 | | - | of certain information; to prohibit the acceptance of hand delivered absentee ballots at certain15 |
|---|
| 21 | | - | times; to allow municipalities to opt out of providing advance voting on certain Saturdays16 |
|---|
| 22 | | - | for certain municipal elections; to revise provisions related to drop boxes; to revise reporting17 |
|---|
| 23 | | - | requirements related to absentee ballots and advance voting; to revise provisions related to18 |
|---|
| 24 | | - | - 1 - 25 LC 47 3701S |
|---|
| 25 | | - | locations to which poll watchers may have access; to provide certain reporting requirements19 |
|---|
| 26 | | - | on election night; to revise provisions related to the timelines for calling special elections and20 |
|---|
| 27 | | - | the dates on which special elections can be held; to provide for related matters; to provide21 |
|---|
| 28 | | - | for effective dates; to repeal conflicting laws; and for other purposes.22 |
|---|
| 29 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 |
|---|
| 30 | | - | SECTION 1.24 |
|---|
| 31 | | - | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and25 |
|---|
| 32 | | - | primaries generally, is amended in Code Section 21-2-2, relating to definitions, by adding26 |
|---|
| 33 | | - | new paragraphs to read as follows:27 |
|---|
| 34 | | - | "(11.1) 'Multistate voter list maintenance organization' means any entity, organization,28 |
|---|
| 35 | | - | consortium, or cooperative agreement among states or jurisdictions that involves the29 |
|---|
| 36 | | - | sharing of voter registration data for the purpose of voter list maintenance."30 |
|---|
| 37 | | - | "(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency31 |
|---|
| 38 | | - | of voter registration lists, including, but not limited to, removing ineligible voters and32 |
|---|
| 39 | | - | updating records."33 |
|---|
| 40 | | - | SECTION 2.34 |
|---|
| 41 | | - | Said chapter is further amended in Code Section 21-2-30, relating to creation, membership,35 |
|---|
| 42 | | - | terms of service, vacancies, quorum, bylaws, meetings, and executive director of the State36 |
|---|
| 43 | | - | Election Board, by revising subsection (g) as follows:37 |
|---|
| 44 | | - | "(g) On and after July 1, 2023 2025, the board shall be a separate and distinct budget unit38 |
|---|
| 45 | | - | as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act' Code Section39 |
|---|
| 46 | | - | 45-12-71; provided, however, that the board shall be attached for administrative purposes40 |
|---|
| 47 | | - | only to the office of the Secretary of State State Accounting Office as provided for in Code41 |
|---|
| 48 | | - | - 2 - 25 LC 47 3701S |
|---|
| 49 | | - | Section 50-4-3. The board shall neither be under the jurisdiction of the Secretary of State42 |
|---|
| 50 | | - | nor shall it be considered a division of the office of the Secretary of State."43 |
|---|
| 51 | | - | SECTION 3.44 |
|---|
| 52 | | - | Said chapter is further amended in Code Section 21-2-31, relating to duties of the State45 |
|---|
| 53 | | - | Election Board, by adding a new paragraph to read as follows:46 |
|---|
| 54 | | - | "(5.1) To maintain custody of all state election investigative reports and communications47 |
|---|
| 55 | | - | between the Secretary of State and election superintendents."48 |
|---|
| 56 | | - | SECTION 4.49 |
|---|
| 57 | | - | Said chapter is further amended by revising Code Section 21-2-35, relating to emergency50 |
|---|
| 58 | | - | rules and regulations, imminent peril requirement, and procedures, as follows:51 |
|---|
| 59 | | - | "21-2-35.52 |
|---|
| 60 | | - | (a) Except for emergency rule-making as provided for in subsection (b) of this Code53 |
|---|
| 61 | | - | section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or54 |
|---|
| 62 | | - | a regulation and the date of such adoption is within 60 days of the date of a presidential55 |
|---|
| 63 | | - | preference primary, general primary, special primary, general election, special election, or56 |
|---|
| 64 | | - | runoff thereof, the effective date of such rule or regulation shall be 30 days following the57 |
|---|
| 65 | | - | date of such primary, election, or runoff.58 |
|---|
| 66 | | - | (a)(b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating59 |
|---|
| 67 | | - | to emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative60 |
|---|
| 68 | | - | Procedure Act,' to the contrary, the State Election Board may only adopt emergency rules61 |
|---|
| 69 | | - | or regulations in circumstances of imminent peril to public health, safety, or welfare. To62 |
|---|
| 70 | | - | adopt any such emergency rule or regulation, in addition to any other rule-making63 |
|---|
| 71 | | - | requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:64 |
|---|
| 72 | | - | (1) Give notice to the public of its intended action;65 |
|---|
| 73 | | - | - 3 - 25 LC 47 3701S |
|---|
| 74 | | - | (2) Immediately upon the setting of the date and time of the meeting at which such66 |
|---|
| 75 | | - | emergency rule or regulation is to be considered, give notice by email of its intended67 |
|---|
| 76 | | - | action to:68 |
|---|
| 77 | | - | (A) The Governor;69 |
|---|
| 78 | | - | (B) The Lieutenant Governor;70 |
|---|
| 79 | | - | (C) The Speaker of the House of Representatives;71 |
|---|
| 80 | | - | (D) The chairpersons of the standing committees of each house of the General72 |
|---|
| 81 | | - | Assembly tasked with election matters;73 |
|---|
| 82 | | - | (E) The Secretary of State;74 |
|---|
| 83 | | - | (F) Legislative counsel; and75 |
|---|
| 84 | | - | (G) The chief executive officer of each political party registered pursuant to76 |
|---|
| 85 | | - | subsection (a) of Code Section 21-2-110; and77 |
|---|
| 86 | | - | (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature78 |
|---|
| 87 | | - | of the emergency and the manner in which such emergency represents an imminent peril79 |
|---|
| 88 | | - | to public health, safety, or welfare.80 |
|---|
| 89 | | - | (b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to81 |
|---|
| 90 | | - | subsection (b) of this Code section, a majority of the State Election Board shall certify in82 |
|---|
| 91 | | - | writing that such emergency rule or regulation was made in strict and exact compliance83 |
|---|
| 92 | | - | with the provisions of this chapter and subsection (e) of Code Section 50-13-4.84 |
|---|
| 93 | | - | (c)(d) In the event of any conflict between this Code section and any provision of85 |
|---|
| 94 | | - | Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting86 |
|---|
| 95 | | - | provision."87 |
|---|
| 96 | | - | SECTION 5.88 |
|---|
| 97 | | - | Said chapter is further amended in Code Section 21-2-132, relating to filing notice of89 |
|---|
| 98 | | - | candidacy, nomination petition, and affidavit, reopening qualifying period, payment of90 |
|---|
| 99 | | - | qualifying fee, and pauper's affidavit and qualifying petition for exemption from qualifying91 |
|---|
| 100 | | - | - 4 - 25 LC 47 3701S |
|---|
| 101 | | - | fee, by revising paragraph (1) of subsection (d) and subsection (e) and by adding two new92 |
|---|
| 102 | | - | subsections to read as follows:93 |
|---|
| 103 | | - | "(1) Each elector for President or Vice President of the United States, or his or her agent,94 |
|---|
| 104 | | - | desiring to have the names of his or her candidates for President and Vice President95 |
|---|
| 105 | | - | placed on the election ballot, and each independent candidate for President or Vice96 |
|---|
| 106 | | - | President of the United States, or his or her agent, shall file a notice of his or her97 |
|---|
| 107 | | - | candidacy, giving his or her name, residence address, and the office he or she is seeking,98 |
|---|
| 108 | | - | in the office of the Secretary of State during the period beginning at 9:00 A.M. on the99 |
|---|
| 109 | | - | fourth Monday in June immediately prior to the election and ending at 12:00 Noon on the100 |
|---|
| 110 | | - | Friday following the fourth Monday in June, notwithstanding the fact that any such days101 |
|---|
| 111 | | - | may be legal holidays;"102 |
|---|
| 112 | | - | "(e) Each candidate required to file a notice of candidacy by this Code section shall, no103 |
|---|
| 113 | | - | earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and104 |
|---|
| 114 | | - | no later than 12:00 Noon on the second Tuesday in July immediately prior to the election,105 |
|---|
| 115 | | - | file with the same official with whom he or she filed his or her notice of candidacy a106 |
|---|
| 116 | | - | nomination petition in the form prescribed in Code Section 21-2-170, except that such107 |
|---|
| 117 | | - | petition shall not be required if such candidate is:108 |
|---|
| 118 | | - | (1) A nominee of a political party for the office of presidential elector when such party109 |
|---|
| 119 | | - | has held a national convention and therein nominated candidates for President and Vice110 |
|---|
| 120 | | - | President of the United States;111 |
|---|
| 121 | | - | (2) Seeking office in a special election that is not preceded by a special primary;112 |
|---|
| 122 | | - | (3) An incumbent qualifying as a candidate to succeed himself or herself;113 |
|---|
| 123 | | - | (4) A candidate seeking election in a nonpartisan election; or114 |
|---|
| 124 | | - | (5) A nominee for a state-wide office by a duly constituted political body convention,115 |
|---|
| 125 | | - | provided that the political body making the nomination has qualified to nominate116 |
|---|
| 126 | | - | candidates for state-wide public office under the provisions of Code Section 21-2-180;117 |
|---|
| 127 | | - | or118 |
|---|
| 128 | | - | - 5 - 25 LC 47 3701S |
|---|
| 129 | | - | (6) A presidential elector certified by an independent candidate for the office of President119 |
|---|
| 130 | | - | or Vice President of the United States under subsection (c) of Code Section 21-2-132.1.120 |
|---|
| 131 | | - | (e.1) An independent candidate for the office of President or Vice President of the United121 |
|---|
| 132 | | - | States shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to122 |
|---|
| 133 | | - | the election and no later than 12:00 Noon on the second Tuesday in July immediately prior123 |
|---|
| 134 | | - | to the election, file with the same official with whom he or she filed his or her notice of124 |
|---|
| 135 | | - | candidacy a nomination petition in the form prescribed in Code Section 21-2-170.125 |
|---|
| 136 | | - | (e.2) Each candidate required to file a notice of candidacy for a special election that is126 |
|---|
| 137 | | - | preceded by a special primary shall, no earlier than 9:00 A.M. on the fourth Monday in127 |
|---|
| 138 | | - | June immediately prior to the election and no later than 12:00 Noon on the second Tuesday128 |
|---|
| 139 | | - | in July immediately prior to the election, file with the same official with whom he or she129 |
|---|
| 140 | | - | filed his or her notice of candidacy a nomination petition in the form prescribed in Code130 |
|---|
| 141 | | - | Section 21-2-170."131 |
|---|
| 142 | | - | SECTION 6.132 |
|---|
| 143 | | - | Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public133 |
|---|
| 144 | | - | inspection of applications for voter registration and data on electors, and membership of134 |
|---|
| 145 | | - | Secretary of State in nongovernmental entity for purpose of improving voter registration135 |
|---|
| 146 | | - | systems, by revising subsection (c) and adding a new subsection to read as follows:136 |
|---|
| 147 | | - | "(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be137 |
|---|
| 148 | | - | collected and maintained on electors whose names appear on the list of electors maintained138 |
|---|
| 149 | | - | by the Secretary of State pursuant to this article, within the limitations provided in this139 |
|---|
| 150 | | - | article, on electronic media or computer run list or both. Notwithstanding any other140 |
|---|
| 151 | | - | provision of law to the contrary, the Secretary of State shall establish the cost to be charged141 |
|---|
| 152 | | - | for such data Nothing in this subsection shall prevent a county board of registrars or142 |
|---|
| 153 | | - | election superintendent from making the list of electors in such county available for143 |
|---|
| 154 | | - | inspection at no cost at its offices, on its website, or both within the limitations otherwise144 |
|---|
| 155 | | - | - 6 - 25 LC 47 3701S |
|---|
| 156 | | - | provided in this article. The Secretary of State may contract with private vendors to make145 |
|---|
| 157 | | - | such data available in accordance with this subsection. Such data may not be used by any146 |
|---|
| 158 | | - | person for commercial purposes."147 |
|---|
| 159 | | - | "(d.1) The State Election Board shall submit to the General Assembly a report evaluating148 |
|---|
| 160 | | - | procedures to improve the accuracy and efficiency of the voter registration system without149 |
|---|
| 161 | | - | participating in a nongovernmental entity with the purpose of sharing voter registration150 |
|---|
| 162 | | - | information. Such report shall include recommended amendments or modifications of state151 |
|---|
| 163 | | - | law governing voter registration procedures and the sharing of voting registration152 |
|---|
| 164 | | - | information with officials in other states. The State Election Board shall provide the report153 |
|---|
| 165 | | - | required by this subsection to the chairpersons of the Senate Ethics Committee and the154 |
|---|
| 166 | | - | House Committee on Governmental Affairs no later than December 31, 2025. This155 |
|---|
| 167 | | - | subsection shall stand repealed on July 1, 2026."156 |
|---|
| 168 | | - | SECTION 7.157 |
|---|
| 169 | | - | Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public158 |
|---|
| 170 | | - | inspection of applications for voter registration and data on electors, and membership of159 |
|---|
| 171 | | - | Secretary of State in nongovernmental entity for purpose of improving voter registration160 |
|---|
| 172 | | - | systems, effective on July 1, 2027, by revising subsection (d) and adding new subsections161 |
|---|
| 173 | | - | to read as follows:162 |
|---|
| 174 | | - | "(d)(1) The Secretary of State may become a member of a nongovernmental entity whose163 |
|---|
| 175 | | - | purpose is to share and exchange information in order to improve the accuracy and164 |
|---|
| 176 | | - | efficiency of voter registration systems. The membership of the nongovernmental entity165 |
|---|
| 177 | | - | shall be composed solely of election officials of state and territorial governments of the166 |
|---|
| 178 | | - | United States, except that such membership may also include election officials of the167 |
|---|
| 179 | | - | District of Columbia.168 |
|---|
| 180 | | - | - 7 - 25 LC 47 3701S |
|---|
| 181 | | - | (2) Notwithstanding any provision of law to the contrary, the Secretary of State may169 |
|---|
| 182 | | - | share confidential and exempt information after becoming a member of such170 |
|---|
| 183 | | - | nongovernmental entity as provided in paragraph (1) of this subsection.171 |
|---|
| 184 | | - | (3) The Secretary of State may become a member of such nongovernmental entity only172 |
|---|
| 185 | | - | if such entity is controlled and operated by the participating jurisdictions. The entity shall173 |
|---|
| 186 | | - | not be operated or controlled by the federal government or any other entity acting on174 |
|---|
| 187 | | - | behalf of the federal government. The Secretary of State must be able to withdraw at any175 |
|---|
| 188 | | - | time from any such membership in such nongovernmental entity.176 |
|---|
| 189 | | - | (4) If the Secretary of State becomes a member of such nongovernmental entity, the177 |
|---|
| 190 | | - | Department of Driver Services shall, pursuant to an agreement with the Secretary of178 |
|---|
| 191 | | - | State, provide driver's license or identification card information related to voter eligibility179 |
|---|
| 192 | | - | to the Secretary of State for the purpose of sharing and exchanging voter registration180 |
|---|
| 193 | | - | information with such nongovernmental entity.181 |
|---|
| 194 | | - | (5)(d) Notwithstanding any law to the contrary, upon the Secretary of State becoming a182 |
|---|
| 195 | | - | member of a nongovernmental entity as provided in this subsection, any information183 |
|---|
| 196 | | - | received by the Secretary of State prior to the effective date of this subsection from the a184 |
|---|
| 197 | | - | nongovernmental entity whose purpose was to share and exchange information in order to185 |
|---|
| 198 | | - | improve the accuracy and efficiency of voter registration systems is exempt from186 |
|---|
| 199 | | - | disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any other187 |
|---|
| 200 | | - | provision of law. However, the Secretary of State may provide such information to the188 |
|---|
| 201 | | - | boards of registrars to conduct voter registration list maintenance activities.189 |
|---|
| 202 | | - | (e)(1) The Secretary of State or any other state department, agency, board, bureau, office,190 |
|---|
| 203 | | - | commission, public corporation, or authority or any board of registrars or election191 |
|---|
| 204 | | - | superintendent shall be prohibited from joining or participating in any multistate voter list192 |
|---|
| 205 | | - | maintenance organization that:193 |
|---|
| 206 | | - | (A) Requires or encourages the contacting of individuals who are not currently194 |
|---|
| 207 | | - | registered to vote with the intent to register them to vote; or195 |
|---|
| 208 | | - | - 8 - 25 LC 47 3701S |
|---|
| 209 | | - | (B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,196 |
|---|
| 210 | | - | or otherwise ineligible voters from the list of electors.197 |
|---|
| 211 | | - | (2) The Secretary of State or any other state department, agency, board, bureau, office,198 |
|---|
| 212 | | - | commission, public corporation, or authority or any board of registrars or election199 |
|---|
| 213 | | - | superintendent shall terminate participation in any multistate voter list maintenance200 |
|---|
| 214 | | - | organization prohibited by paragraph (1) of this subsection within 90 days of the effective201 |
|---|
| 215 | | - | date of this subsection.202 |
|---|
| 216 | | - | (f)(1) In order to improve the accuracy and efficiency of the voter registration system,203 |
|---|
| 217 | | - | the Secretary of State shall be authorized to enter into joint compacts with the chief204 |
|---|
| 218 | | - | election official of any other state or states for the purpose of sharing information for205 |
|---|
| 219 | | - | voter list maintenance.206 |
|---|
| 220 | | - | (2) Notwithstanding any provisions of law to the contrary, the Secretary of State may207 |
|---|
| 221 | | - | share confidential and exempt information after becoming a member of such voter list208 |
|---|
| 222 | | - | maintenance joint compact.209 |
|---|
| 223 | | - | (3) If the Secretary of State becomes a member of such voter list maintenance joint210 |
|---|
| 224 | | - | compact, the Department of Driver Services shall, pursuant to an agreement with the211 |
|---|
| 225 | | - | Secretary of State, provide driver's license or identification card information related to212 |
|---|
| 226 | | - | voter eligibility to the Secretary of State for the purpose of sharing and exchanging voter213 |
|---|
| 227 | | - | registration information with the other state or states participating in such compact.214 |
|---|
| 228 | | - | (4) The Secretary of State must be able to withdraw from any such joint compact at any215 |
|---|
| 229 | | - | time."216 |
|---|
| 230 | | - | SECTION 8.217 |
|---|
| 231 | | - | Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating218 |
|---|
| 232 | | - | to removal of elector's name from list of electors, as follows:219 |
|---|
| 233 | | - | "(b)(1) When an elector of this state moves to another state and registers to vote and the220 |
|---|
| 234 | | - | registration officials in such state send a notice of cancellation reflecting the registration221 |
|---|
| 235 | | - | - 9 - 25 LC 47 3701S |
|---|
| 236 | | - | of the elector in the other state, which includes a copy of such elector's voter registration222 |
|---|
| 237 | | - | application bearing the elector's signature, the Secretary of State or the board of223 |
|---|
| 238 | | - | registrars, as the case may be, shall remove such elector's name from the list of electors. 224 |
|---|
| 239 | | - | It shall not be necessary to send a confirmation notice to the elector in such225 |
|---|
| 240 | | - | circumstances.226 |
|---|
| 241 | | - | (2) When an elector of this state moves to another state and the registration officials in227 |
|---|
| 242 | | - | such other state or a nongovernmental entity as described in subsection (d) of Code228 |
|---|
| 243 | | - | Section 21-2-225 send a notice of cancellation or other information indicating that the229 |
|---|
| 244 | | - | elector has moved to such state but such notice or information does not include a copy230 |
|---|
| 245 | | - | of such elector's voter registration application in such other state bearing the elector's231 |
|---|
| 246 | | - | signature, the Secretary of State or the board of registrars, as the case may be, shall send232 |
|---|
| 247 | | - | a confirmation notice to the elector as provided in Code Section 21-2-234.233 |
|---|
| 248 | | - | (3) Once becoming a member of the nongovernmental entity described in subsection (d)234 |
|---|
| 249 | | - | of Code Section 21-2-225, the Secretary of State shall obtain regular information from235 |
|---|
| 250 | | - | such entity regarding electors who may have moved to another state, died, or otherwise236 |
|---|
| 251 | | - | become ineligible to vote in Georgia. The Secretary of State shall use such information237 |
|---|
| 252 | | - | to conduct list maintenance on the list of eligible electors."238 |
|---|
| 253 | | - | SECTION 9.239 |
|---|
| 254 | | - | Said chapter is further amended in Code Section 21-2-382, relating to additional buildings240 |
|---|
| 255 | | - | as additional registrar's office or place of registration for receiving absentee ballots and for241 |
|---|
| 256 | | - | advance voting, and drop boxes, by revising subsection (c) and adding a new subsection to242 |
|---|
| 257 | | - | read as follows:243 |
|---|
| 258 | | - | "(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box244 |
|---|
| 259 | | - | as a means for absentee by mail electors to deliver their ballots to the board of registrars245 |
|---|
| 260 | | - | or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish246 |
|---|
| 261 | | - | additional drop boxes, subject to the limitations of this Code section, but may only247 |
|---|
| 262 | | - | - 10 - 25 LC 47 3701S |
|---|
| 263 | | - | establish additional drop boxes totaling the lesser of either one drop box for every248 |
|---|
| 264 | | - | 100,000 active registered voters in the county or the number of advance voting locations249 |
|---|
| 265 | | - | in the county. Any additional drop boxes shall be evenly geographically distributed by250 |
|---|
| 266 | | - | population in the county. Drop boxes established pursuant to this Code section shall be251 |
|---|
| 267 | | - | established at the office of the board of registrars or absentee ballot clerk or inside252 |
|---|
| 268 | | - | locations at which advance voting, as set forth in subsection (d) of Code Section253 |
|---|
| 269 | | - | 21-2-385, is conducted in the applicable primary, election, or runoff and may be open254 |
|---|
| 270 | | - | during the hours of advance voting at that location. Such drop boxes shall be closed255 |
|---|
| 271 | | - | when advance voting is not being conducted at that location. All drop boxes shall be256 |
|---|
| 272 | | - | closed when the advance voting period ends, as set forth in subsection (d) of Code257 |
|---|
| 273 | | - | Section 21-2-385. The drop box location shall have adequate lighting and be under258 |
|---|
| 274 | | - | constant surveillance by an election official or his or her designee, law enforcement259 |
|---|
| 275 | | - | official, or licensed security guard. During an emergency declared by the Governor260 |
|---|
| 276 | | - | pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the261 |
|---|
| 277 | | - | board of registrars or absentee ballot clerk or outside of locations at which advance voting262 |
|---|
| 278 | | - | is taking place, subject to the other limitations of this Code section.263 |
|---|
| 279 | | - | (2) The opening slot of a drop box shall not allow ballots to be tampered with or264 |
|---|
| 280 | | - | removed and shall be designed to minimize the ability for liquid or other substances that265 |
|---|
| 281 | | - | may damage ballots to be poured into the drop box. A drop box shall be labeled266 |
|---|
| 282 | | - | 'OFFICIAL ABSENTEE BALLOT DROP BOX' and shall clearly display the signage267 |
|---|
| 283 | | - | developed by the Secretary of State pertaining to Georgia law with regard to who is268 |
|---|
| 284 | | - | allowed to return absentee ballots and destroying, defacing, or delaying delivery of269 |
|---|
| 285 | | - | ballots.270 |
|---|
| 286 | | - | (3) The board of registrars or absentee ballot clerk shall arrange for the collecting and271 |
|---|
| 287 | | - | return of ballots deposited at each drop box at the conclusion of each day where advance272 |
|---|
| 288 | | - | voting takes place. Collection of ballots from a drop box shall be made by a team of at273 |
|---|
| 289 | | - | least two people. Any person collecting ballots from a drop box shall have sworn an oath274 |
|---|
| 290 | | - | - 11 - 25 LC 47 3701S |
|---|
| 291 | | - | in the same form as the oath for poll officers set forth in Code Section 21-2-95. The275 |
|---|
| 292 | | - | collection team shall complete and sign a ballot transfer form upon removing the ballots276 |
|---|
| 293 | | - | from the drop box which shall include the date, time, location, number of ballots,277 |
|---|
| 294 | | - | confirmation that the drop box was locked after the removal of the ballots, and the278 |
|---|
| 295 | | - | identity of each person collecting the ballots. The collection team shall then immediately279 |
|---|
| 296 | | - | transfer the ballots to the board of registrars or absentee ballot clerk, who shall process280 |
|---|
| 297 | | - | and store the ballots in the same manner as absentee ballots returned by mail are281 |
|---|
| 298 | | - | processed and stored. The board of registrars, absentee ballot clerk, or a designee of the282 |
|---|
| 299 | | - | board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt283 |
|---|
| 300 | | - | of the ballots from the collection team. Such form shall be considered a public record284 |
|---|
| 301 | | - | pursuant to Code Section 50-18-70.285 |
|---|
| 302 | | - | (4) At the beginning of voting at each advance location where a drop box is present, the286 |
|---|
| 303 | | - | manager of the advance voting location shall open the drop box and confirm on the287 |
|---|
| 304 | | - | reconciliation form for that advance voting location that the drop box is empty. If the288 |
|---|
| 305 | | - | drop box is not empty, the manager shall secure the contents of the drop box and289 |
|---|
| 306 | | - | immediately inform the election superintendent, board of registrars, or absentee ballot290 |
|---|
| 307 | | - | clerk, who shall inform the Secretary of State.291 |
|---|
| 308 | | - | (5) At each advance voting location where a drop box is present, the board of registrars292 |
|---|
| 309 | | - | or absentee ballot clerk shall initiate video surveillance and recording of such location293 |
|---|
| 310 | | - | upon the conclusion of voting on each day of advance voting. Such surveillance shall294 |
|---|
| 311 | | - | ensure that a visual record is made of each such drop box. In the event that constant and295 |
|---|
| 312 | | - | direct video surveillance of a drop box is not possible when advance voting is not296 |
|---|
| 313 | | - | occurring, such ballot box shall be removed from areas of public access, locked, and297 |
|---|
| 314 | | - | rendered inoperable so that no absentee ballots may be inserted into it. A recording of298 |
|---|
| 315 | | - | all such video surveillance shall be retained in the same manner as provided for in299 |
|---|
| 316 | | - | subsection (a) of Code Section 21-2-390. A board of registrars or absentee ballot clerk300 |
|---|
| 317 | | - | may livestream to the public any such video surveillance.301 |
|---|
| 318 | | - | - 12 - 25 LC 47 3701S |
|---|
| 319 | | - | (d) Notwithstanding any provisions of this article to the contrary, the registrars or absentee302 |
|---|
| 320 | | - | ballot clerk shall not accept the hand delivery of any absentee ballot following the end of303 |
|---|
| 321 | | - | the period of advance voting provided for in subsection (d) of Code Section 21-2-385;304 |
|---|
| 322 | | - | provided, however, that this subsection shall not apply to:305 |
|---|
| 323 | | - | (1) Any absentee ballots delivered to the registrars or absentee ballot clerks at the306 |
|---|
| 324 | | - | registrars' or absentee ballot clerk's office on the date of a primary, election, or runoff307 |
|---|
| 325 | | - | during the hours polls are open on such day;308 |
|---|
| 326 | | - | (2) Absentee ballots hand delivered to the registrars or absentee ballot clerks at the309 |
|---|
| 327 | | - | registrars' or absentee ballot clerk's office on the Monday prior to the date of a primary310 |
|---|
| 328 | | - | or election, if open for business, between the hours of 7:00 A.M. and 7:00 P.M.;311 |
|---|
| 329 | | - | provided, however, that the registrar or absentee ballot clerk shall provide public notice,312 |
|---|
| 330 | | - | at least 14 days prior to such date, that absentee ballots will be accepted at such locations313 |
|---|
| 331 | | - | on such date and times;314 |
|---|
| 332 | | - | (3) Absentee ballots delivered to the registrars or absentee ballot clerks by the United315 |
|---|
| 333 | | - | States Postal Service or other common carrier; or316 |
|---|
| 334 | | - | (4) Absentee ballots cast pursuant to the federal Uniformed and Overseas Citizens317 |
|---|
| 335 | | - | Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended."318 |
|---|
| 336 | | - | SECTION 10.319 |
|---|
| 337 | | - | Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting320 |
|---|
| 338 | | - | by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) and321 |
|---|
| 339 | | - | subsection (e) as follows:322 |
|---|
| 340 | | - | "(d)(1) There shall be a period of advance voting that shall commence:323 |
|---|
| 341 | | - | (A) On the fourth Monday immediately prior to each primary or election; and324 |
|---|
| 342 | | - | (B) As soon as possible prior to a runoff from any general primary or election but no325 |
|---|
| 343 | | - | later than the second Monday immediately prior to such runoff326 |
|---|
| 344 | | - | - 13 - 25 LC 47 3701S |
|---|
| 345 | | - | and shall end on the Friday immediately prior to each primary, election, or runoff. 327 |
|---|
| 346 | | - | Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,328 |
|---|
| 347 | | - | other than observed state holidays, during such period and shall be conducted on the329 |
|---|
| 348 | | - | second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the330 |
|---|
| 349 | | - | registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both331 |
|---|
| 350 | | - | the second and third Sundays prior to a primary or election during hours determined by332 |
|---|
| 351 | | - | the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;333 |
|---|
| 352 | | - | provided, however, that, if such second Saturday is a public and legal holiday pursuant334 |
|---|
| 353 | | - | to Code Section 1-4-1, if such second Saturday follows a public and legal holiday335 |
|---|
| 354 | | - | occurring on the Thursday or Friday immediately preceding such second Saturday, or if336 |
|---|
| 355 | | - | such second Saturday immediately precedes a public and legal holiday occurring on the337 |
|---|
| 356 | | - | following Sunday or Monday, such advance voting shall not be held on such second338 |
|---|
| 357 | | - | Saturday but shall be held on the third Saturday prior to such primary or election339 |
|---|
| 358 | | - | beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this340 |
|---|
| 359 | | - | paragraph, the registrars may extend the hours for voting to permit advance voting341 |
|---|
| 360 | | - | from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant342 |
|---|
| 361 | | - | to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their343 |
|---|
| 362 | | - | option; provided, however, that voting shall occur only on the days specified in this344 |
|---|
| 363 | | - | paragraph and counties and municipalities shall not be authorized to conduct advance345 |
|---|
| 364 | | - | voting on any other days. Notwithstanding any other provision of this paragraph to the346 |
|---|
| 365 | | - | contrary, the governing authority of a municipality may opt out of conducting voting on347 |
|---|
| 366 | | - | one or more Saturdays during the period of advance voting in any municipal election for348 |
|---|
| 367 | | - | such municipality, by action taken during a duly called public meeting of the governing349 |
|---|
| 368 | | - | authority; provided, however, that the provisions of this sentence shall not apply to any350 |
|---|
| 369 | | - | municipal election that is held concurrent with and on the same date as any county or351 |
|---|
| 370 | | - | state primary, election, or runoff thereof."352 |
|---|
| 371 | | - | - 14 - 25 LC 47 3701S |
|---|
| 372 | | - | "(e) On each day of an absentee voting period, each county board of registrars or municipal353 |
|---|
| 373 | | - | absentee ballot clerk shall report for the county or municipality to the Secretary of State354 |
|---|
| 374 | | - | and post on the county or municipal website, or if the county or municipality does not355 |
|---|
| 375 | | - | maintain such a website, a place of public prominence in the county or municipality, not356 |
|---|
| 376 | | - | later than 10:00 A.M. on each business day the number of persons by precinct to whom357 |
|---|
| 377 | | - | absentee ballots have been issued, the number of persons by precinct who have returned358 |
|---|
| 378 | | - | absentee ballots, and the number of absentee ballots by precinct that have been rejected. 359 |
|---|
| 379 | | - | Additionally, on each day of an advance voting period, each county board of registrars or360 |
|---|
| 380 | | - | municipal absentee ballot clerk shall report to the Secretary of State and post on the county361 |
|---|
| 381 | | - | or municipal website, or if the county or municipality does not maintain such a website, a362 |
|---|
| 382 | | - | place of public prominence in the county or municipality, not later than 10:00 A.M. on363 |
|---|
| 383 | | - | each business day the number of persons by precinct who have voted at the advance voting364 |
|---|
| 384 | | - | sites in the county or municipality, and for each primary the number of nonpartisan ballots365 |
|---|
| 385 | | - | requested. During the absentee voting period and for a period of three days following a366 |
|---|
| 386 | | - | primary, election, or runoff, each county board of registrars or municipal absentee ballot367 |
|---|
| 387 | | - | clerk shall report to the Secretary of State and post on the county or municipal website, or368 |
|---|
| 388 | | - | if the county or municipality does not maintain such a website, a place of public369 |
|---|
| 389 | | - | prominence in the county or municipality, not later than 10:00 A.M. on each business day370 |
|---|
| 390 | | - | the number of persons by precinct who have voted provisional ballots, the number of371 |
|---|
| 391 | | - | provisional ballots that have verified or cured and accepted for counting, and the number372 |
|---|
| 392 | | - | of provisional ballots that have been rejected."373 |
|---|
| 393 | | - | SECTION 11.374 |
|---|
| 394 | | - | Said chapter is further amended in Code Section 21-2-408, relating to poll watchers,375 |
|---|
| 395 | | - | designation, duties, removal for interference with election, reports of infractions or376 |
|---|
| 396 | | - | irregularities, ineligibility of candidates to serve, and training, by revising subsection (c) as377 |
|---|
| 397 | | - | follows:378 |
|---|
| 398 | | - | - 15 - 25 LC 47 3701S |
|---|
| 399 | | - | "(c) In counties or municipalities using direct recording electronic (DRE) voting systems379 |
|---|
| 400 | | - | or optical scanning voting systems, each political party may appoint two poll watchers in380 |
|---|
| 401 | | - | each primary or election, each political body may appoint two poll watchers in each381 |
|---|
| 402 | | - | election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan382 |
|---|
| 403 | | - | election, and each independent candidate may appoint one poll watcher in each election to383 |
|---|
| 404 | | - | serve in the locations designated by the superintendent within the tabulating center. Such384 |
|---|
| 405 | | - | designated locations shall include the check-in area, the computer room, the duplication385 |
|---|
| 406 | | - | area, and such other areas that tabulation processes are taking place, including, but not386 |
|---|
| 407 | | - | limited to, adjudication of provisional ballots, closing of advance voting equipment, the387 |
|---|
| 408 | | - | verification and processing of absentee ballots, memory card transfers, or election388 |
|---|
| 409 | | - | reconciliation processes as the superintendent may deem necessary to the assurance of fair389 |
|---|
| 410 | | - | and honest procedures in the tabulating center. The locations designated by the390 |
|---|
| 411 | | - | superintendent shall ensure that each poll watcher can fairly observe the procedures set391 |
|---|
| 412 | | - | forth in this Code section. The poll watchers provided for in this subsection shall be392 |
|---|
| 413 | | - | appointed and serve in the same manner as other poll watchers."393 |
|---|
| 414 | | - | SECTION 12.394 |
|---|
| 415 | | - | Said chapter is further amended by adding a new Code section to read as follows:395 |
|---|
| 416 | | - | "21-2-493.1.396 |
|---|
| 417 | | - | (a) For each primary, election, or runoff, after the final uploading of unofficial and397 |
|---|
| 418 | | - | incomplete election results on election night, the election superintendent shall prepare a398 |
|---|
| 419 | | - | report indicating the vote totals, by precinct and voting method, for all contests on the399 |
|---|
| 420 | | - | ballot; provided, however, that such report need not include information from:400 |
|---|
| 421 | | - | (1) Absentee ballots cast pursuant to the federal Uniformed and Overseas Citizens401 |
|---|
| 422 | | - | Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended;402 |
|---|
| 423 | | - | (2) Provisional ballots; or403 |
|---|
| 424 | | - | (3) Any ballots requiring adjudication.404 |
|---|
| 425 | | - | - 16 - 25 LC 47 3701S |
|---|
| 426 | | - | (b) As soon as possible but not later than 11:59 P.M. or after the final uploading of405 |
|---|
| 427 | | - | unofficial and incomplete election results on election night, the election superintendent406 |
|---|
| 428 | | - | shall ensure that a copy of such report is posted on the public website maintained by the407 |
|---|
| 429 | | - | county or municipality, if such public website exists. If no such public website exists, or408 |
|---|
| 430 | | - | if the election superintendent cannot upload to such website outside of business hours, such409 |
|---|
| 431 | | - | report must be posted in a public place that is accessible 24 hours a day to the public."410 |
|---|
| 432 | | - | SECTION 13.411 |
|---|
| 433 | | - | Said chapter is further amended in Code Section 21-2-540, relating to conduct and timing of412 |
|---|
| 434 | | - | special primaries and special elections generally, by revising subsection (b) and413 |
|---|
| 435 | | - | paragraph (2) of subsection (c) as follows:414 |
|---|
| 436 | | - | "(b) At least 29 days shall intervene between the call of a special primary and the holding415 |
|---|
| 437 | | - | of same, and at least 29 days shall intervene between the call of a special election and the416 |
|---|
| 438 | | - | holding of same. The period during which candidates may qualify to run in a special417 |
|---|
| 439 | | - | primary or a special election shall remain open for a minimum of two and one-half days. 418 |
|---|
| 440 | | - | Special elections to present questions to the voters which are to be held in conjunction with419 |
|---|
| 441 | | - | the presidential preference primary, a state-wide general primary, or state-wide general420 |
|---|
| 442 | | - | election, state-wide special primary, or state-wide special election shall be called at least421 |
|---|
| 443 | | - | 90 days prior to the date of such presidential preference primary, state-wide general422 |
|---|
| 444 | | - | primary, or state-wide general election, state-wide special primary, or state-wide special423 |
|---|
| 445 | | - | election; provided, however, that this requirement shall not apply to special elections to424 |
|---|
| 446 | | - | present questions to the voters held on the same date as such presidential preference425 |
|---|
| 447 | | - | primary, state-wide general primary, or state-wide general election, state-wide special426 |
|---|
| 448 | | - | primary, or state-wide special election but conducted completely separate and apart from427 |
|---|
| 449 | | - | such state-wide general primary or state-wide general election using different ballots or428 |
|---|
| 450 | | - | voting equipment, facilities, poll workers, and paperwork."429 |
|---|
| 451 | | - | - 17 - 25 LC 47 3701S |
|---|
| 452 | | - | "(2) Notwithstanding any other provision of law to the contrary, a special election to430 |
|---|
| 453 | | - | present a question to the voters shall be held only on one of the following dates which is431 |
|---|
| 454 | | - | at least 29 days after the date of the call for the special election:432 |
|---|
| 455 | | - | (A) In odd-numbered years, any such special election shall only be held on the:433 |
|---|
| 456 | | - | (i) The third Tuesday in March or on the;434 |
|---|
| 457 | | - | (ii) The Tuesday after the first Monday in November; and or435 |
|---|
| 458 | | - | (iii) The date of and in conjunction with any state-wide special primary or special436 |
|---|
| 459 | | - | election if one is held that year, regardless of whether or not such special primary or437 |
|---|
| 460 | | - | special election is held pursuant to the terms of this chapter; provided, however, that438 |
|---|
| 461 | | - | the 90 days call provision of subsection (b) of this Code section shall not apply to a439 |
|---|
| 462 | | - | special election held pursuant to this division; and440 |
|---|
| 463 | | - | (B) In even-numbered years, any such special election shall only be held on:441 |
|---|
| 464 | | - | (i) The date of and in conjunction with the presidential preference primary if one is442 |
|---|
| 465 | | - | held that year;443 |
|---|
| 466 | | - | (ii) The third Tuesday in March; provided, however, that such special election shall444 |
|---|
| 467 | | - | occur prior to July 1, 2024, and present a question to the voters on sales and use taxes445 |
|---|
| 468 | | - | authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;446 |
|---|
| 469 | | - | (iii) The date of the general primary; or447 |
|---|
| 470 | | - | (iv) The Tuesday after the first Monday in November."448 |
|---|
| 471 | | - | SECTION 14.449 |
|---|
| 472 | | - | Said chapter is further amended by revising Code Section 21-2-540, relating to conduct and450 |
|---|
| 473 | | - | timing of special primaries and special elections generally, effective on July 1, 2026, as451 |
|---|
| 474 | | - | follows:452 |
|---|
| 475 | | - | "21-2-540.453 |
|---|
| 476 | | - | (a)(1) Every special primary and special election shall be held and conducted in all454 |
|---|
| 477 | | - | respects in accordance with the provisions of this chapter relating to general primaries455 |
|---|
| 478 | | - | - 18 - 25 LC 47 3701S |
|---|
| 479 | | - | and general elections; and the provisions of this chapter relating to general primaries and456 |
|---|
| 480 | | - | general elections shall apply thereto insofar as practicable and as not inconsistent with457 |
|---|
| 481 | | - | any other provisions of this chapter. All special primaries and special elections held at458 |
|---|
| 482 | | - | the time of a general primary, as provided by Code Section 21-2-541, shall be conducted459 |
|---|
| 483 | | - | by the poll officers by the use of the same equipment and facilities, insofar as practicable,460 |
|---|
| 484 | | - | as are used for such general primary. All special primaries and special elections held at461 |
|---|
| 485 | | - | the time of a general election, as provided by Code Section 21-2-541, shall be conducted462 |
|---|
| 486 | | - | by the poll officers by the use of the same equipment and facilities, insofar as practicable,463 |
|---|
| 487 | | - | as are used for such general election.464 |
|---|
| 488 | | - | (2) If a vacancy occurs in a partisan office to which the Governor is authorized to465 |
|---|
| 489 | | - | appoint an individual to serve until the next general election, a special primary shall466 |
|---|
| 490 | | - | precede the special election.467 |
|---|
| 491 | | - | (b) At least 29 60 days shall intervene between the call of a special primary and the468 |
|---|
| 492 | | - | holding of same, and at least 29 45 days shall intervene between the call of a special469 |
|---|
| 493 | | - | election and the holding of same. The period during which candidates may qualify to run470 |
|---|
| 494 | | - | in a special primary or a special election shall remain open for a minimum of two and471 |
|---|
| 495 | | - | one-half days. Special elections to present questions to the voters which are to be held in472 |
|---|
| 496 | | - | conjunction with the presidential preference primary, a state-wide general primary,473 |
|---|
| 497 | | - | state-wide general election, state-wide special primary, or state-wide special election shall474 |
|---|
| 498 | | - | be called at least 90 days prior to the date of such presidential preference primary,475 |
|---|
| 499 | | - | state-wide general primary, state-wide general election, state-wide special primary, or476 |
|---|
| 500 | | - | state-wide special election; provided, however, that this requirement shall not apply to477 |
|---|
| 501 | | - | special elections to present questions to the voters held on the same date as such478 |
|---|
| 502 | | - | presidential preference primary, state-wide general primary, state-wide general election,479 |
|---|
| 503 | | - | state-wide special primary, or state-wide special election but conducted completely480 |
|---|
| 504 | | - | separate and apart from such state-wide general primary or state-wide general election481 |
|---|
| 505 | | - | using different ballots or voting equipment, facilities, poll workers, and paperwork.482 |
|---|
| 506 | | - | - 19 - 25 LC 47 3701S |
|---|
| 507 | | - | (c)(1) Notwithstanding any other provision of law to the contrary, a special primary or483 |
|---|
| 508 | | - | special election to fill a vacancy in a county or municipal office shall be held only on one484 |
|---|
| 509 | | - | of the following dates which is at least 29 60 days after the date of the call for the special485 |
|---|
| 510 | | - | election:486 |
|---|
| 511 | | - | (A) In odd-numbered years, any such special primary or special election shall only be487 |
|---|
| 512 | | - | held on:488 |
|---|
| 513 | | - | (i) The third Tuesday in March;489 |
|---|
| 514 | | - | (ii) The third Tuesday in June; or490 |
|---|
| 515 | | - | (iii) The third Tuesday in September; or491 |
|---|
| 516 | | - | (iv) The Tuesday after the first Monday in November; and492 |
|---|
| 517 | | - | (B) In even-numbered years, any such special primary or special election shall only be493 |
|---|
| 518 | | - | held on:494 |
|---|
| 519 | | - | (i) The third Tuesday in March; provided, however, that in the event that a special495 |
|---|
| 520 | | - | primary or special election is to be held under this provision in a year in which a496 |
|---|
| 521 | | - | presidential preference primary is to be held, then any such special primary or special497 |
|---|
| 522 | | - | election shall be held on the date of and in conjunction with the presidential498 |
|---|
| 523 | | - | preference primary;499 |
|---|
| 524 | | - | (ii) The date of the general primary; or500 |
|---|
| 525 | | - | (iii) The Tuesday after the first Monday in November;501 |
|---|
| 526 | | - | provided, however, that, in the event that a special primary or special election to fill a502 |
|---|
| 527 | | - | federal or state office on a date other than the dates provided in this paragraph has been503 |
|---|
| 528 | | - | scheduled and it is possible to hold a special primary or special election to fill a vacancy504 |
|---|
| 529 | | - | in a county, municipal, or school board office in conjunction with such special primary505 |
|---|
| 530 | | - | or special election to fill a federal or state office, the special primary or special election506 |
|---|
| 531 | | - | to fill such county, municipal, or school board office may be held on the date of and in507 |
|---|
| 532 | | - | conjunction with such special primary or special election to fill such federal or state508 |
|---|
| 533 | | - | - 20 - 25 LC 47 3701S |
|---|
| 534 | | - | office, provided all other provisions of law regarding such primaries and elections are509 |
|---|
| 535 | | - | met.510 |
|---|
| 536 | | - | (2) Notwithstanding any other provision of law to the contrary, a special election to511 |
|---|
| 537 | | - | present a question to the voters shall be held only on one of the following dates which is512 |
|---|
| 538 | | - | at least 29 45 days after the date of the call for the special election:513 |
|---|
| 539 | | - | (A) In odd-numbered years, any such special election shall only be held on:514 |
|---|
| 540 | | - | (i) The third Tuesday in March;515 |
|---|
| 541 | | - | (ii) The Tuesday after the first Monday in November; or516 |
|---|
| 542 | | - | (iii) The date of and in conjunction with any state-wide special primary or special517 |
|---|
| 543 | | - | election if one is held that year, regardless of whether or not such special primary or518 |
|---|
| 544 | | - | special election is held pursuant to the terms of this chapter; provided, however, that519 |
|---|
| 545 | | - | the 90 days call provision of subsection (b) of this Code section shall not apply to a520 |
|---|
| 546 | | - | special election held pursuant to this division; and521 |
|---|
| 547 | | - | (B) In even-numbered years, any such special election shall only be held on:522 |
|---|
| 548 | | - | (i) The date of and in conjunction with the presidential preference primary if one is523 |
|---|
| 549 | | - | held that year;524 |
|---|
| 550 | | - | (ii) The third Tuesday in March; provided, however, that such special election shall525 |
|---|
| 551 | | - | occur prior to July 1, 2024, and present a question to the voters on sales and use taxes526 |
|---|
| 552 | | - | authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;527 |
|---|
| 553 | | - | (iii) The date of the general primary; or528 |
|---|
| 554 | | - | (iv)(iii) The Tuesday after the first Monday in November.529 |
|---|
| 555 | | - | (3) The provisions of this subsection shall not apply to:530 |
|---|
| 556 | | - | (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'531 |
|---|
| 557 | | - | to recall a public officer or to fill a vacancy in a public office caused by a recall532 |
|---|
| 558 | | - | election; and533 |
|---|
| 559 | | - | (B) Special primaries or special elections to fill vacancies in federal or state public534 |
|---|
| 560 | | - | offices.535 |
|---|
| 561 | | - | - 21 - 25 LC 47 3701S |
|---|
| 562 | | - | (d) Except as otherwise provided by this chapter, the superintendent of each county or536 |
|---|
| 563 | | - | municipality shall publish the call of the special primary or special election.537 |
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| 564 | | - | (e)(1) Candidates in special elections for partisan offices that are not preceded by special538 |
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| 565 | | - | primaries shall be listed alphabetically on the ballot and may choose to designate on the539 |
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| 566 | | - | ballot their party affiliation. The party affiliation selected by a candidate shall not be540 |
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| 567 | | - | changed following the close of qualifying.541 |
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| 568 | | - | (2) Candidates in special primaries shall be listed alphabetically on the ballot."542 |
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| 569 | | - | SECTION 15.543 |
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| 570 | | - | (a) Except as provided for in subsection (b) of this section, this Act shall become effective544 |
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| 571 | | - | on July 1, 2025.545 |
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| 572 | | - | (b)(1) Sections 1, 6, 13, 16, and this section of this Act shall become effective upon their546 |
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| 573 | | - | approval by the Governor or upon their becoming law without such approval.547 |
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| 574 | | - | (2) Section 14 of this Act shall become effective on July 1, 2026.548 |
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| 575 | | - | (3) Sections 7 and 8 of this Act shall become effective on July 1, 2027.549 |
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| 576 | | - | SECTION 16.550 |
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| 577 | | - | All laws and parts of laws in conflict with this Act are repealed.551 |
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| 578 | | - | - 22 - |
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| 6 | + | elections and primaries generally, so as to revise procedures for the removal of members of2 |
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| 7 | + | the State Election Board who were elected by a house of the General Assembly; to repeal3 |
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| 8 | + | conflicting laws; and for other purposes.4 |
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| 9 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 10 | + | SECTION 1.6 |
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| 11 | + | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7 |
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| 12 | + | primaries generally, is amended in Code Section 21-2-30, relating to creation, membership,8 |
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| 13 | + | terms of service, vacancies, quorum, bylaws, meetings, and executive director, by revising9 |
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| 14 | + | subsection (b) as follows:10 |
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| 15 | + | "(b) A member elected by a house of the General Assembly shall take office on the day11 |
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| 16 | + | following the adjournment of the regular session in which elected and shall serve for a term12 |
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| 17 | + | of two years and until his or her successor is elected and qualified, unless sooner removed.13 |
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| 18 | + | An elected member of the board may be removed at any time the General Assembly is in14 |
|---|
| 19 | + | session by a majority vote of the house which elected him or her, or at any time when the15 |
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| 20 | + | General Assembly is not in session by the President of the Senate if such member was16 |
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| 21 | + | - 1 - LC 47 3558S |
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| 22 | + | elected by the Senate or by the Speaker of the House of Representatives if such member17 |
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| 23 | + | was elected by the House of Representatives. In the event a vacancy should occur in the18 |
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| 24 | + | office of such a member of the board at a time when the General Assembly is not in19 |
|---|
| 25 | + | session, then the President of the Senate shall thereupon appoint an elector to fill the20 |
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| 26 | + | vacancy if the prior incumbent of such office was elected by the Senate or appointed by the21 |
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| 27 | + | President of the Senate; and the Speaker of the House of Representatives shall thereupon22 |
|---|
| 28 | + | appoint an elector to fill the vacancy if the prior incumbent of such office was elected by23 |
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| 29 | + | the House of Representatives or appointed by the Speaker of the House of Representatives.24 |
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| 30 | + | A member appointed to fill a vacancy may be removed at any time by a majority vote of25 |
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| 31 | + | the house whose presiding officer appointed him or her in the same manner as a member26 |
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| 32 | + | elected by a house of the General Assembly."27 |
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| 33 | + | SECTION 2.28 |
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| 34 | + | All laws and parts of laws in conflict with this Act are repealed.29 |
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| 35 | + | - 2 - |
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