Georgia 2025-2026 Regular Session

Georgia House Bill HB503 Compare Versions

Only one version of the bill is available at this time.
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11 25 LC 47 3412
22 House Bill 503
33 By: Representatives Draper of the 90
44 th
55 , Griffin of the 149
66 th
77 , Campbell of the 35
88 th
99 , and Myles
1010 of the 126
1111 th
1212
1313 A BILL TO BE ENTITLED
1414 AN ACT
1515 To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1616 1
1717 elections and primaries generally, so as to provide that the State Election Board may only2
1818 promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered3
1919 years; to provide for related matters; to repeal conflicting laws; and for other purposes.4
2020 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
2121 SECTION 1.6
2222 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7
2323 primaries generally, is amended by revising Code Section 21-2-35, relating to emergency8
2424 rules and regulations, imminent peril requirement, and procedures, as follows:9
2525 "21-2-35.10
2626 (a) Except for emergency rule making as provided for in subsection (b) of this Code
2727 11
2828 section, the State Election Board shall only promulgate, amend, adopt, or repeal rules and12
2929 regulations during odd-numbered years. After July 1, 2025, the State Election Board shall13
3030 take no rule-making action upon nonemergency rules or regulations, including the initiation14
3131 of any rule making, promulgation, amendment, adoption, or repeal of nonemergency rules15
3232 or regulations in an even-numbered year.16
3333 H. B. 503
3434 - 1 - 25 LC 47 3412
3535 (b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to17
3636 emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure18
3737 Act,' to the contrary, the State Election Board may only adopt emergency rules or19
3838 regulations in circumstances of imminent peril to public health, safety, or welfare. To20
3939 adopt any such emergency rule or regulation, in addition to any other rule-making21
4040 requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:22
4141 (1) Give notice to the public of its intended action;23
4242 (2) Immediately upon the setting of the date and time of the meeting at which such24
4343 emergency rule or regulation is to be considered give notice by email of its intended25
4444 action to:26
4545 (A) The Governor;27
4646 (B) The Lieutenant Governor;28
4747 (C) The Speaker of the House of Representatives;29
4848 (D) The chairpersons of the standing committees of each house of the General30
4949 Assembly tasked with election matters;31
5050 (E) The Secretary of State;32
5151 (F) Legislative counsel; and33
5252 (G) The chief executive officer of each political party registered pursuant to subsection34
5353 (a) of Code Section 21-2-110; and35
5454 (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature36
5555 of the emergency and the manner in which such emergency represents an imminent peril37
5656 to public health, safety, or welfare.38
5757 (b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to39
5858 subsection (b) of this Code section, a majority of the State Election Board shall certify in40
5959 writing that such emergency rule or regulation was made in strict and exact compliance41
6060 with the provisions of this chapter and subsection (e) of Code Section 50-13-4.42
6161 H. B. 503
6262 - 2 - 25 LC 47 3412
6363 (c)(d) In the event of any conflict between this Code section and any provision of Chapter43
6464 13 of Title 50, this Code section shall govern and supersede any such conflicting44
6565 provision."45
6666 SECTION 2.46
6767 All laws and parts of laws in conflict with this Act are repealed.47
6868 H. B. 503
6969 - 3 -