25 LC 47 9001
House Bill 481
By: Representatives Kelley of the 16
th
, Leverett of the 123
rd
, Sainz of the 180
th
, Smith of the
18
th
, and Draper of the 90
th
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 revise provisions related to the dates on which2
special elections to present questions to the voters can be held; to provide for related matters;3
to provide for an effective date; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7
primaries generally, is amended in Code Section 21-2-540, relating to conduct and timing8
of special primaries and special elections generally, by revising subsection (b) and9
paragraph (2) of subsection (c) as follows:10
"(b) At least 29 days shall intervene between the call of a special primary and the holding11
of same, and at least 29 days shall intervene between the call of a special election and the12
holding of same. The period during which candidates may qualify to run in a special13
primary or a special election shall remain open for a minimum of two and one-half days. 14
Special elections to present questions to the voters which are to be held in conjunction with15
the presidential preference primary, a state-wide general primary, or
state-wide general16
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election, state-wide special primary, or state-wide special election shall be called at least17
90 days prior to the date of such presidential preference primary, state-wide general18
primary, or state-wide general election, state-wide special primary, or state-wide special19
election; provided, however, that this requirement shall not apply to special elections to20
present questions to the voters held on the same date as such presidential preference21
primary, state-wide general primary, or state-wide general election, state-wide special22
primary, or state-wide special election but conducted completely separate and apart from23
such state-wide general primary or state-wide general election using different ballots or24
voting equipment, facilities, poll workers, and paperwork."25
"(2) Notwithstanding any other provision of law to the contrary, a special election to26
present a question to the voters shall be held only on one of the following dates which is27
at least 29 days after the date of the call for the special election:28
(A) In odd-numbered years, any such special election shall only be held on the:29
(i) The third Tuesday in March or on the;30
(ii) The Tuesday after the first Monday in November; and or31
(iii) The date of and in conjunction with any state-wide special primary or special32
election if one is held that year, regardless of whether or not such special primary or33
special election is held pursuant to the terms of this chapter; provided, however, that34
the 90 days call provision of subsection (b) of this Code section shall not apply to a35
special election held pursuant to this division; and36
(B) In even-numbered years, any such special election shall only be held on:37
(i) The date of and in conjunction with the presidential preference primary if one is38
held that year;39
(ii) The third Tuesday in March; provided, however, that such special election shall40
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes41
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;42
(iii) The date of the general primary; or43
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(iv) The Tuesday after the first Monday in November."
44
SECTION 2.45
This Act shall become effective upon its approval by the Governor or upon its becoming law46
without such approval.47
SECTION 3.48
All laws and parts of laws in conflict with this Act are repealed.49
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