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The House Committee on Governmental Affairs offers the following substitute to SB 175:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
elections and primaries generally, so as to provide that the State Election Board shall be2
administratively attached to the State Accounting Office; to provide for definitions; to revise3
procedures for the removal of members of the State Election Board who were elected by a4
house of the General Assembly; to limit the effective date of rules or regulations adopted by5
the State Election Board prior to a general primary, general election, or runoff thereof; to6
authorize counties to make the list of electors open for inspection at no cost; to remove7
authorization for the Secretary of State to become a member of a nongovernmental entity8
whose purpose is to share and exchange information in order to improve the accuracy and9
efficiency of voter registration systems; to provide for certain exceptions; to maintain an10
exemption to the disclosure of certain documents; to prohibit the Secretary of State, other11
state level actors, and local boards of registrars and election superintendents from12
participating in certain multistate voter list maintenance organizations; to require the13
termination of participation in any prohibited multistate voter list maintenance organizations;14
to authorize the Secretary of State to enter into voter list maintenance joint compacts with15
other states; to authorize the sharing of driver's license and identification card information;16
to provide conditions for entering such compacts; to require the State Election Board to17
submit to the General Assembly a report; to make conforming changes; to prohibit the18
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acceptance of hand delivered absentee ballots between the end of the period of advance19
voting and the opening of the polls on the day of the primary, election, or runoff; to allow20
municipalities to opt out of providing advance voting on certain Saturdays for certain21
municipal elections; to revise provisions related to the timelines for calling special elections22
and the dates on which special elections can be held; to amend an Act to amend Chapter 223
of Title 21 of the Official Code of Georgia Annotated, related to elections and primaries24
generally, adopted on May 6, 2024 (Ga. L. 2024, p. 1028), so as to revise the effective date25
of a provision related to tabulation of certain ballots so as to provide for contingent26
effectiveness upon appropriation of funds instead of effectiveness on a date certain; to27
provide for related matters; to provide for effective dates; to repeal conflicting laws; and for28
other purposes.29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:30
SECTION 1.31
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and32
primaries generally, is amended in Code Section 21-2-2, relating to definitions, by adding33
new paragraphs to read as follows:34
"(11.1) 'Multistate voter list maintenance organization' means any entity, organization,35
consortium, or cooperative agreement among states or jurisdictions that involves the36
sharing of voter registration data for the purpose of voter list maintenance."37
"(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency38
of voter registration lists, including, but not limited to, removing ineligible voters and39
updating records."40
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SECTION 2.41
Said chapter is further amended in Code Section 21-2-30, relating to creation, membership,42
terms of service, vacancies, quorum, bylaws, meetings, and executive director of the State43
Election Board, by revising subsections (b) and (g) as follows:44
"(b) A member elected by a house of the General Assembly shall take office on the day45
following the adjournment of the regular session in which elected and shall serve for a term46
of two years and until his or her successor is elected and qualified, unless sooner removed.47
An elected member of the board may be removed at any time the General Assembly is in48
session by a majority vote of the house which elected him or her, or at any time when the49
General Assembly is not in session by the President of the Senate if such member was50
elected by the Senate or by the Speaker of the House of Representatives if such member51
was elected by the House of Representatives. In the event a vacancy should occur in the52
office of such a member of the board at a time when the General Assembly is not in53
session, then the President of the Senate shall thereupon appoint an elector to fill the54
vacancy if the prior incumbent of such office was elected by the Senate or appointed by the55
President of the Senate; and the Speaker of the House of Representatives shall thereupon56
appoint an elector to fill the vacancy if the prior incumbent of such office was elected by57
the House of Representatives or appointed by the Speaker of the House of Representatives.58
A member appointed to fill a vacancy may be removed at any time by a majority vote of59
the house whose presiding officer appointed him or her in the same manner as a member60
elected by a house of the General Assembly."61
"(g) On and after July 1, 2023 2025, the board shall be a separate and distinct budget unit62
as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act' Code Section63
45-12-71; provided, however, that the board shall be attached for administrative purposes64
only to the office of the Secretary of State State Accounting Office as provided for in Code65
Section 50-4-3. The board shall neither be under the jurisdiction of the Secretary of State66
nor shall it be considered a division of the office of the Secretary of State."67
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SECTION 2.1.68
Said chapter is further amended by revising Code Section 21-2-35, relating to emergency69
rules and regulations, imminent peril requirement, and procedures, as follows:70
"21-2-35.71
(a) Except for emergency rule-making as provided for in subsection (b) of this Code72
section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or73
a regulation and the date of such adoption is within 60 days of the date of a presidential74
preference primary, general primary, special primary, general election, special election, or75
runoff thereof, the effective date of such rule or regulation shall be 30 days following the76
date of such primary, election, or runoff.77
(a)(b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating78
to emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative79
Procedure Act,' to the contrary, the State Election Board may only adopt emergency rules80
or regulations in circumstances of imminent peril to public health, safety, or welfare. To81
adopt any such emergency rule or regulation, in addition to any other rule-making82
requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:83
(1) Give notice to the public of its intended action;84
(2) Immediately upon the setting of the date and time of the meeting at which such85
emergency rule or regulation is to be considered, give notice by email of its intended86
action to:87
(A) The Governor;88
(B) The Lieutenant Governor;89
(C) The Speaker of the House of Representatives;90
(D) The chairpersons of the standing committees of each house of the General91
Assembly tasked with election matters;92
(E) The Secretary of State;93
(F) Legislative counsel; and94
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(G) The chief executive officer of each political party registered pursuant to95
subsection (a) of Code Section 21-2-110; and96
(3) State in the notices required by paragraphs (1) and (2) of this subsection the nature97
of the emergency and the manner in which such emergency represents an imminent peril98
to public health, safety, or welfare.99
(b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to100
subsection (b) of this Code section, a majority of the State Election Board shall certify in101
writing that such emergency rule or regulation was made in strict and exact compliance102
with the provisions of this chapter and subsection (e) of Code Section 50-13-4.103
(c)(d) In the event of any conflict between this Code section and any provision of104
Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting105
provision."106
SECTION 3.107
Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public108
inspection of applications for voter registration and data on electors, and membership of109
Secretary of State in nongovernmental entity for purpose of improving voter registration110
systems, by revising subsection (c) and adding a new subsection to read as follows:111
"(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be112
collected and maintained on electors whose names appear on the list of electors maintained113
by the Secretary of State pursuant to this article, within the limitations provided in this114
article, on electronic media or computer run list or both. Notwithstanding any other115
provision of law to the contrary, the Secretary of State shall establish the cost to be charged116
for such data Nothing in this subsection shall prevent a county board of registrars or117
election superintendent from making the list of electors in such county available for118
inspection at no cost at its offices, on its website, or both within the limitations otherwise119
provided in this article. The Secretary of State may contract with private vendors to make120
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such data available in accordance with this subsection. Such data may not be used by any121
person for commercial purposes."122
"(d.1) The State Election Board shall submit to the General Assembly a report evaluating123
procedures to improve the accuracy and efficiency of the voter registration system without124
participating in a nongovernmental entity with the purpose of sharing voter registration125
information. Such report shall include recommended amendments or modifications of state126
law governing voter registration procedures and the sharing of voting registration127
information with officials in other states. The State Election Board shall provide the report128
required by this subsection to the chairpersons of the Senate Ethics Committee and the129
House Committee on Governmental Affairs no later than December 31, 2025. This130
subsection shall stand repealed on July 1, 2026."131
SECTION 3.1.132
Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public133
inspection of applications for voter registration and data on electors, and membership of134
Secretary of State in nongovernmental entity for purpose of improving voter registration135
systems, effective on July 1, 2027, by revising subsection (d) and adding new subsections136
to read as follows:137
"(d)(1) The Secretary of State may become a member of a nongovernmental entity whose138
purpose is to share and exchange information in order to improve the accuracy and139
efficiency of voter registration systems. The membership of the nongovernmental entity140
shall be composed solely of election officials of state and territorial governments of the141
United States, except that such membership may also include election officials of the142
District of Columbia.143
(2) Notwithstanding any provision of law to the contrary, the Secretary of State may144
share confidential and exempt information after becoming a member of such145
nongovernmental entity as provided in paragraph (1) of this subsection.146
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(3) The Secretary of State may become a member of such nongovernmental entity only147
if such entity is controlled and operated by the participating jurisdictions. The entity shall148
not be operated or controlled by the federal government or any other entity acting on149
behalf of the federal government. The Secretary of State must be able to withdraw at any150
time from any such membership in such nongovernmental entity.151
(4) If the Secretary of State becomes a member of such nongovernmental entity, the152
Department of Driver Services shall, pursuant to an agreement with the Secretary of153
State, provide driver's license or identification card information related to voter eligibility154
to the Secretary of State for the purpose of sharing and exchanging voter registration155
information with such nongovernmental entity.156
(5)(d) Notwithstanding any law to the contrary, upon the Secretary of State becoming a157
member of a nongovernmental entity as provided in this subsection, any information158
received by the Secretary of State prior to the effective date of this subsection from the a159
nongovernmental entity whose purpose was to share and exchange information in order to160
improve the accuracy and efficiency of voter registration systems is exempt from161
disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any other162
provision of law. However, the Secretary of State may provide such information to the163
boards of registrars to conduct voter registration list maintenance activities.164
(e)(1) The Secretary of State or any other state department, agency, board, bureau, office,165
commission, public corporation, or authority or any board of registrars or election166
superintendent shall be prohibited from joining or participating in any multistate voter list167
maintenance organization that:168
(A) Requires or encourages the contacting of individuals who are not currently169
registered to vote with the intent to register them to vote; or170
(B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,171
or otherwise ineligible voters from the list of electors.172
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(2) The Secretary of State or any other state department, agency, board, bureau, office,173
commission, public corporation, or authority or any board of registrars or election174
superintendent shall terminate participation in any multistate voter list maintenance175
organization prohibited by paragraph (1) of this subsection within 90 days of the effective176
date of this subsection.177
(f)(1) In order to improve the accuracy and efficiency of the voter registration system,178
the Secretary of State shall be authorized to enter into joint compacts with the chief179
election official of any other state or states for the purpose of sharing information for180
voter list maintenance.181
(2) Notwithstanding any provisions of law to the contrary, the Secretary of State may182
share confidential and exempt information after becoming a member of such voter list183
maintenance joint compact.184
(3) If the Secretary of State becomes a member of such voter list maintenance joint185
compact, the Department of Driver Services shall, pursuant to an agreement with the186
Secretary of State, provide driver's license or identification card information related to187
voter eligibility to the Secretary of State for the purpose of sharing and exchanging voter188
registration information with the other state or states participating in such compact.189
(4) The Secretary of State must be able to withdraw from any such joint compact at any190
time."191
SECTION 4.192
Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating193
to removal of elector's name from list of electors, as follows:194
"(b)(1) When an elector of this state moves to another state and registers to vote and the195
registration officials in such state send a notice of cancellation reflecting the registration196
of the elector in the other state, which includes a copy of such elector's voter registration197
application bearing the elector's signature, the Secretary of State or the board of198
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registrars, as the case may be, shall remove such elector's name from the list of electors. 199
It shall not be necessary to send a confirmation notice to the elector in such200
circumstances.201
(2) When an elector of this state moves to another state and the registration officials in202
such other state or a nongovernmental entity as described in subsection (d) of Code203
Section 21-2-225 send a notice of cancellation or other information indicating that the204
elector has moved to such state but such notice or information does not include a copy205
of such elector's voter registration application in such other state bearing the elector's206
signature, the Secretary of State or the board of registrars, as the case may be, shall send207
a confirmation notice to the elector as provided in Code Section 21-2-234.208
(3) Once becoming a member of the nongovernmental entity described in subsection (d)209
of Code Section 21-2-225, the Secretary of State shall obtain regular information from210
such entity regarding electors who may have moved to another state, died, or otherwise211
become ineligible to vote in Georgia. The Secretary of State shall use such information212
to conduct list maintenance on the list of eligible electors."213
SECTION 5.214
Said chapter is further amended in Code Section 21-2-382, relating to additional buildings215
as additional registrar's office or place of registration for receiving absentee ballots and for216
advance voting, and drop boxes, by adding a new subsection to read as follows:217
"(b.1) Notwithstanding any provisions of this article to the contrary, the registrars or218
absentee ballot clerk shall not accept the hand delivery of any absentee ballot following the219
end of the period of advance voting provided for in subsection (d) of Code220
Section 21-2-385; provided, however, that this subsection shall not apply to:221
(1) Any absentee ballots delivered to the registrars or absentee ballot clerks at the222
registrars' or absentee ballot clerk's office on the date of a primary, election, or runoff223
during the hours polls are open on such day;224
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(2) Absentee ballots hand delivered to the registrars or absentee ballot clerks at the225
registrars' or absentee ballot clerk's office on the Monday prior to the date of a primary226
or election, if open for business, between the hours of 7:00 A.M. and 7:00 P.M.;227
provided, however, that the registrar or absentee ballot clerk shall provide public notice,228
at least 14 days prior to such date, that absentee ballots will be accepted at such locations229
on such date and times;230
(3) Absentee ballots delivered to the registrars or absentee ballot clerks by the United231
States Postal Service or other common carrier; or232
(4) Absentee ballots cast pursuant to the federal Uniformed and Overseas Citizens233
Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended."234
SECTION 6.235
Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting236
by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) as follows:237
"(d)(1) There shall be a period of advance voting that shall commence:238
(A) On the fourth Monday immediately prior to each primary or election; and239
(B) As soon as possible prior to a runoff from any general primary or election but no240
later than the second Monday immediately prior to such runoff241
and shall end on the Friday immediately prior to each primary, election, or runoff. 242
Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,243
other than observed state holidays, during such period and shall be conducted on the244
second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the245
registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both246
the second and third Sundays prior to a primary or election during hours determined by247
the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;248
provided, however, that, if such second Saturday is a public and legal holiday pursuant249
to Code Section 1-4-1, if such second Saturday follows a public and legal holiday250
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occurring on the Thursday or Friday immediately preceding such second Saturday, or if251
such second Saturday immediately precedes a public and legal holiday occurring on the252
following Sunday or Monday, such advance voting shall not be held on such second253
Saturday but shall be held on the third Saturday prior to such primary or election254
beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this255
paragraph, the registrars may extend the hours for voting to permit advance voting256
from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant257
to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their258
option; provided, however, that voting shall occur only on the days specified in this259
paragraph and counties and municipalities shall not be authorized to conduct advance260
voting on any other days. Notwithstanding any other provision of this paragraph to the261
contrary, the governing authority of a municipality may opt out of conducting voting on262
one or more Saturdays during the period of advance voting in any municipal election for263
such municipality, by action taken during a duly called public meeting of the governing264
authority; provided, however, that the provisions of this sentence shall not apply to any265
municipal election that is held concurrent with and on the same date as any county or266
state primary, election, or runoff thereof."267
SECTION 7.268
Said chapter is further amended in Code Section 21-2-540, relating to conduct and timing of269
special primaries and special elections generally, by revising subsection (b) and270
paragraph (2) of subsection (c) as follows:271
"(b) At least 29 days shall intervene between the call of a special primary and the holding272
of same, and at least 29 days shall intervene between the call of a special election and the273
holding of same. The period during which candidates may qualify to run in a special274
primary or a special election shall remain open for a minimum of two and one-half days. 275
Special elections to present questions to the voters which are to be held in conjunction with276
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the presidential preference primary, a state-wide general primary, or state-wide general277
election, state-wide special primary, or state-wide special election shall be called at least278
90 days prior to the date of such presidential preference primary, state-wide general279
primary, or state-wide general election, state-wide special primary, or state-wide special280
election; provided, however, that this requirement shall not apply to special elections to281
present questions to the voters held on the same date as such presidential preference282
primary, state-wide general primary, or state-wide general election, state-wide special283
primary, or state-wide special election but conducted completely separate and apart from284
such state-wide general primary or state-wide general election using different ballots or285
voting equipment, facilities, poll workers, and paperwork."286
"(2) Notwithstanding any other provision of law to the contrary, a special election to287
present a question to the voters shall be held only on one of the following dates which is288
at least 29 days after the date of the call for the special election:289
(A) In odd-numbered years, any such special election shall only be held on the:290
(i) The third Tuesday in March or on the;291
(ii) The Tuesday after the first Monday in November; and or292
(iii) The date of and in conjunction with any state-wide special primary or special293
election if one is held that year, regardless of whether or not such special primary or294
special election is held pursuant to the terms of this chapter; provided, however, that295
the 90 days call provision of subsection (b) of this Code section shall not apply to a296
special election held pursuant to this division; and297
(B) In even-numbered years, any such special election shall only be held on:298
(i) The date of and in conjunction with the presidential preference primary if one is299
held that year;300
(ii) The third Tuesday in March; provided, however, that such special election shall301
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes302
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;303
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(iii) The date of the general primary; or304
(iv) The Tuesday after the first Monday in November."305
SECTION 8.306
Said chapter is further amended by revising Code Section 21-2-540, relating to conduct and307
timing of special primaries and special elections generally, effective on July 1, 2026, as308
follows:309
"21-2-540.310
(a)(1) Every special primary and special election shall be held and conducted in all311
respects in accordance with the provisions of this chapter relating to general primaries312
and general elections; and the provisions of this chapter relating to general primaries and313
general elections shall apply thereto insofar as practicable and as not inconsistent with314
any other provisions of this chapter. All special primaries and special elections held at315
the time of a general primary, as provided by Code Section 21-2-541, shall be conducted316
by the poll officers by the use of the same equipment and facilities, insofar as practicable,317
as are used for such general primary. All special primaries and special elections held at318
the time of a general election, as provided by Code Section 21-2-541, shall be conducted319
by the poll officers by the use of the same equipment and facilities, insofar as practicable,320
as are used for such general election.321
(2) If a vacancy occurs in a partisan office to which the Governor is authorized to322
appoint an individual to serve until the next general election, a special primary shall323
precede the special election.324
(b) At least 29 60 days shall intervene between the call of a special primary and the325
holding of same, and at least 29 45 days shall intervene between the call of a special326
election and the holding of same. The period during which candidates may qualify to run327
in a special primary or a special election shall remain open for a minimum of two and328
one-half days. Special elections to present questions to the voters which are to be held in329
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conjunction with the presidential preference primary, a state-wide general primary,330
state-wide general election, state-wide special primary, or state-wide special election shall331
be called at least 90 days prior to the date of such presidential preference primary,332
state-wide general primary, state-wide general election, state-wide special primary, or333
state-wide special election; provided, however, that this requirement shall not apply to334
special elections to present questions to the voters held on the same date as such335
presidential preference primary, state-wide general primary, state-wide general election,336
state-wide special primary, or state-wide special election but conducted completely337
separate and apart from such state-wide general primary or state-wide general election338
using different ballots or voting equipment, facilities, poll workers, and paperwork.339
(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or340
special election to fill a vacancy in a county or municipal office shall be held only on one341
of the following dates which is at least 29 60 days after the date of the call for the special342
election:343
(A) In odd-numbered years, any such special primary or special election shall only be344
held on:345
(i) The third Tuesday in March;346
(ii) The third Tuesday in June; or347
(iii) The third Tuesday in September; or348
(iv) The Tuesday after the first Monday in November; and349
(B) In even-numbered years, any such special primary or special election shall only be350
held on:351
(i) The third Tuesday in March; provided, however, that in the event that a special352
primary or special election is to be held under this provision in a year in which a353
presidential preference primary is to be held, then any such special primary or special354
election shall be held on the date of and in conjunction with the presidential355
preference primary;356
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(ii) The date of the general primary; or357
(iii) The Tuesday after the first Monday in November;358
provided, however, that, in the event that a special primary or special election to fill a359
federal or state office on a date other than the dates provided in this paragraph has been360
scheduled and it is possible to hold a special primary or special election to fill a vacancy361
in a county, municipal, or school board office in conjunction with such special primary362
or special election to fill a federal or state office, the special primary or special election363
to fill such county, municipal, or school board office may be held on the date of and in364
conjunction with such special primary or special election to fill such federal or state365
office, provided all other provisions of law regarding such primaries and elections are366
met.367
(2) Notwithstanding any other provision of law to the contrary, a special election to368
present a question to the voters shall be held only on one of the following dates which is369
at least 29 45 days after the date of the call for the special election:370
(A) In odd-numbered years, any such special election shall only be held on:371
(i) The third Tuesday in March;372
(ii) The Tuesday after the first Monday in November; or373
(iii) The date of and in conjunction with any state-wide special primary or special374
election if one is held that year, regardless of whether or not such special primary or375
special election is held pursuant to the terms of this chapter; provided, however, that376
the 90 days call provision of subsection (b) of this Code section shall not apply to a377
special election held pursuant to this division; and378
(B) In even-numbered years, any such special election shall only be held on:379
(i) The date of and in conjunction with the presidential preference primary if one is380
held that year;381
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(ii) The third Tuesday in March; provided, however, that such special election shall382
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes383
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;384
(iii) The date of the general primary; or385
(iv)(iii) The Tuesday after the first Monday in November.386
(3) The provisions of this subsection shall not apply to:387
(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'388
to recall a public officer or to fill a vacancy in a public office caused by a recall389
election; and390
(B) Special primaries or special elections to fill vacancies in federal or state public391
offices.392
(d) Except as otherwise provided by this chapter, the superintendent of each county or393
municipality shall publish the call of the special primary or special election.394
(e)(1) Candidates in special elections for partisan offices that are not preceded by special395
primaries shall be listed alphabetically on the ballot and may choose to designate on the396
ballot their party affiliation. The party affiliation selected by a candidate shall not be397
changed following the close of qualifying.398
(2) Candidates in special primaries shall be listed alphabetically on the ballot."399
SECTION 9.400
(a) Except as provided for in subsection (b) of this section, this Act shall become effective401
on July 1, 2025.402
(b)(1) Sections 3, 7, 10, and this section of this Act shall become effective upon its403
approval by the Governor or upon its becoming law without such approval.404
(2) Section 8 of this Act shall become effective on July 1, 2026.405
(3) Sections 3.1 and 4 of this Act shall become effective on July 1, 2027.406
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SECTION 10.407
All laws and parts of laws in conflict with this Act are repealed.408
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