1 | 1 | | 25 LC 47 3412 |
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2 | 2 | | House Bill 503 |
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3 | 3 | | By: Representatives Draper of the 90 |
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4 | 4 | | th |
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5 | 5 | | , Griffin of the 149 |
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6 | 6 | | th |
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7 | 7 | | , Campbell of the 35 |
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8 | 8 | | th |
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9 | 9 | | , and Myles |
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10 | 10 | | of the 126 |
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11 | 11 | | th |
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12 | 12 | | |
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13 | 13 | | A BILL TO BE ENTITLED |
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14 | 14 | | AN ACT |
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15 | 15 | | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
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16 | 16 | | 1 |
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17 | 17 | | elections and primaries generally, so as to provide that the State Election Board may only2 |
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18 | 18 | | promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered3 |
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19 | 19 | | years; to provide for related matters; to repeal conflicting laws; and for other purposes.4 |
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20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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21 | 21 | | SECTION 1.6 |
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22 | 22 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7 |
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23 | 23 | | primaries generally, is amended by revising Code Section 21-2-35, relating to emergency8 |
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24 | 24 | | rules and regulations, imminent peril requirement, and procedures, as follows:9 |
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25 | 25 | | "21-2-35.10 |
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26 | 26 | | (a) Except for emergency rule making as provided for in subsection (b) of this Code |
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27 | 27 | | 11 |
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28 | 28 | | section, the State Election Board shall only promulgate, amend, adopt, or repeal rules and12 |
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29 | 29 | | regulations during odd-numbered years. After July 1, 2025, the State Election Board shall13 |
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30 | 30 | | take no rule-making action upon nonemergency rules or regulations, including the initiation14 |
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31 | 31 | | of any rule making, promulgation, amendment, adoption, or repeal of nonemergency rules15 |
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32 | 32 | | or regulations in an even-numbered year.16 |
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33 | 33 | | H. B. 503 |
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34 | 34 | | - 1 - 25 LC 47 3412 |
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35 | 35 | | (b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to17 |
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36 | 36 | | emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure18 |
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37 | 37 | | Act,' to the contrary, the State Election Board may only adopt emergency rules or19 |
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38 | 38 | | regulations in circumstances of imminent peril to public health, safety, or welfare. To20 |
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39 | 39 | | adopt any such emergency rule or regulation, in addition to any other rule-making21 |
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40 | 40 | | requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:22 |
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41 | 41 | | (1) Give notice to the public of its intended action;23 |
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42 | 42 | | (2) Immediately upon the setting of the date and time of the meeting at which such24 |
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43 | 43 | | emergency rule or regulation is to be considered give notice by email of its intended25 |
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44 | 44 | | action to:26 |
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45 | 45 | | (A) The Governor;27 |
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46 | 46 | | (B) The Lieutenant Governor;28 |
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47 | 47 | | (C) The Speaker of the House of Representatives;29 |
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48 | 48 | | (D) The chairpersons of the standing committees of each house of the General30 |
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49 | 49 | | Assembly tasked with election matters;31 |
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50 | 50 | | (E) The Secretary of State;32 |
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51 | 51 | | (F) Legislative counsel; and33 |
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52 | 52 | | (G) The chief executive officer of each political party registered pursuant to subsection34 |
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53 | 53 | | (a) of Code Section 21-2-110; and35 |
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54 | 54 | | (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature36 |
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55 | 55 | | of the emergency and the manner in which such emergency represents an imminent peril37 |
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56 | 56 | | to public health, safety, or welfare.38 |
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57 | 57 | | (b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to39 |
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58 | 58 | | subsection (b) of this Code section, a majority of the State Election Board shall certify in40 |
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59 | 59 | | writing that such emergency rule or regulation was made in strict and exact compliance41 |
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60 | 60 | | with the provisions of this chapter and subsection (e) of Code Section 50-13-4.42 |
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61 | 61 | | H. B. 503 |
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62 | 62 | | - 2 - 25 LC 47 3412 |
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63 | 63 | | (c)(d) In the event of any conflict between this Code section and any provision of Chapter43 |
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64 | 64 | | 13 of Title 50, this Code section shall govern and supersede any such conflicting44 |
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65 | 65 | | provision."45 |
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66 | 66 | | SECTION 2.46 |
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67 | 67 | | All laws and parts of laws in conflict with this Act are repealed.47 |
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68 | 68 | | H. B. 503 |
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69 | 69 | | - 3 - |
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