25 LC 47 3412
House Bill 503
By: Representatives Draper of the 90
th
, Griffin of the 149
th
, Campbell of the 35
th
, and Myles
of the 126
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 provide that the State Election Board may only2
promulgate, amend, adopt, or repeal nonemergency rules and regulations in odd-numbered3
years; to provide for related matters; 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 by revising Code Section 21-2-35, relating to emergency8
rules and regulations, imminent peril requirement, and procedures, as follows:9
"21-2-35.10
(a) Except for emergency rule making as provided for in subsection (b) of this Code
11
section, the State Election Board shall only promulgate, amend, adopt, or repeal rules and12
regulations during odd-numbered years. After July 1, 2025, the State Election Board shall13
take no rule-making action upon nonemergency rules or regulations, including the initiation14
of any rule making, promulgation, amendment, adoption, or repeal of nonemergency rules15
or regulations in an even-numbered year.16
H. B. 503
- 1 - 25 LC 47 3412
(b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to17
emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure18
Act,' to the contrary, the State Election Board may only adopt emergency rules or19
regulations in circumstances of imminent peril to public health, safety, or welfare. To20
adopt any such emergency rule or regulation, in addition to any other rule-making21
requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:22
(1) Give notice to the public of its intended action;23
(2) Immediately upon the setting of the date and time of the meeting at which such24
emergency rule or regulation is to be considered give notice by email of its intended25
action to:26
(A) The Governor;27
(B) The Lieutenant Governor;28
(C) The Speaker of the House of Representatives;29
(D) The chairpersons of the standing committees of each house of the General30
Assembly tasked with election matters;31
(E) The Secretary of State;32
(F) Legislative counsel; and33
(G) The chief executive officer of each political party registered pursuant to subsection34
(a) of Code Section 21-2-110; and35
(3) State in the notices required by paragraphs (1) and (2) of this subsection the nature36
of the emergency and the manner in which such emergency represents an imminent peril37
to public health, safety, or welfare.38
(b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to39
subsection (b) of this Code section, a majority of the State Election Board shall certify in40
writing that such emergency rule or regulation was made in strict and exact compliance41
with the provisions of this chapter and subsection (e) of Code Section 50-13-4.42
H. B. 503
- 2 - 25 LC 47 3412
(c)(d) In the event of any conflict between this Code section and any provision of Chapter43
13 of Title 50, this Code section shall govern and supersede any such conflicting44
provision."45
SECTION 2.46
All laws and parts of laws in conflict with this Act are repealed.47
H. B. 503
- 3 -