| 5 | | - | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1 |
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| 6 | | - | elections and primaries generally, so as to provide that the State Election Board shall be2 |
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| 7 | | - | administratively attached to the State Accounting Office; to provide for definitions; to revise3 |
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| 8 | | - | procedures for the removal of members of the State Election Board who were elected by a4 |
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| 9 | | - | house of the General Assembly; to limit the effective date of rules or regulations adopted by5 |
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| 10 | | - | the State Election Board prior to a general primary, general election, or runoff thereof; to6 |
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| 11 | | - | authorize counties to make the list of electors open for inspection at no cost; to remove7 |
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| 12 | | - | authorization for the Secretary of State to become a member of a nongovernmental entity8 |
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| 13 | | - | whose purpose is to share and exchange information in order to improve the accuracy and9 |
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| 14 | | - | efficiency of voter registration systems; to provide for certain exceptions; to maintain an10 |
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| 15 | | - | exemption to the disclosure of certain documents; to prohibit the Secretary of State, other11 |
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| 16 | | - | state level actors, and local boards of registrars and election superintendents from12 |
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| 17 | | - | participating in certain multistate voter list maintenance organizations; to require the13 |
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| 18 | | - | termination of participation in any prohibited multistate voter list maintenance organizations;14 |
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| 19 | | - | to authorize the Secretary of State to enter into voter list maintenance joint compacts with15 |
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| 20 | | - | other states; to authorize the sharing of driver's license and identification card information;16 |
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| 21 | | - | to provide conditions for entering such compacts; to require the State Election Board to17 |
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| 22 | | - | submit to the General Assembly a report; to make conforming changes; to prohibit the18 |
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| 23 | | - | S. B. 175 (SUB) |
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| 24 | | - | - 1 - 25 LC 47 3697S |
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| 25 | | - | acceptance of hand delivered absentee ballots between the end of the period of advance19 |
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| 26 | | - | voting and the opening of the polls on the day of the primary, election, or runoff; to allow20 |
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| 27 | | - | municipalities to opt out of providing advance voting on certain Saturdays for certain21 |
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| 28 | | - | municipal elections; to revise provisions related to the timelines for calling special elections22 |
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| 29 | | - | and the dates on which special elections can be held; to amend an Act to amend Chapter 223 |
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| 30 | | - | of Title 21 of the Official Code of Georgia Annotated, related to elections and primaries24 |
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| 31 | | - | generally, adopted on May 6, 2024 (Ga. L. 2024, p. 1028), so as to revise the effective date25 |
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| 32 | | - | of a provision related to tabulation of certain ballots so as to provide for contingent26 |
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| 33 | | - | effectiveness upon appropriation of funds instead of effectiveness on a date certain; to27 |
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| 34 | | - | provide for related matters; to provide for effective dates; to repeal conflicting laws; and for28 |
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| 35 | | - | other purposes.29 |
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| 36 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:30 |
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| 37 | | - | SECTION 1.31 |
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| 38 | | - | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and32 |
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| 39 | | - | primaries generally, is amended in Code Section 21-2-2, relating to definitions, by adding33 |
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| 40 | | - | new paragraphs to read as follows:34 |
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| 41 | | - | "(11.1) 'Multistate voter list maintenance organization' means any entity, organization,35 |
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| 42 | | - | consortium, or cooperative agreement among states or jurisdictions that involves the36 |
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| 43 | | - | sharing of voter registration data for the purpose of voter list maintenance."37 |
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| 44 | | - | "(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency38 |
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| 45 | | - | of voter registration lists, including, but not limited to, removing ineligible voters and39 |
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| 46 | | - | updating records."40 |
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| 47 | | - | S. B. 175 (SUB) |
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| 48 | | - | - 2 - 25 LC 47 3697S |
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| 49 | | - | SECTION 2.41 |
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| 50 | | - | Said chapter is further amended in Code Section 21-2-30, relating to creation, membership,42 |
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| 51 | | - | terms of service, vacancies, quorum, bylaws, meetings, and executive director of the State43 |
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| 52 | | - | Election Board, by revising subsections (b) and (g) as follows:44 |
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| 53 | | - | "(b) A member elected by a house of the General Assembly shall take office on the day45 |
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| 54 | | - | following the adjournment of the regular session in which elected and shall serve for a term46 |
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| 55 | | - | of two years and until his or her successor is elected and qualified, unless sooner removed.47 |
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| 56 | | - | An elected member of the board may be removed at any time the General Assembly is in48 |
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| 57 | | - | session by a majority vote of the house which elected him or her, or at any time when the49 |
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| 58 | | - | General Assembly is not in session by the President of the Senate if such member was50 |
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| 59 | | - | elected by the Senate or by the Speaker of the House of Representatives if such member51 |
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| 60 | | - | was elected by the House of Representatives. In the event a vacancy should occur in the52 |
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| 61 | | - | office of such a member of the board at a time when the General Assembly is not in53 |
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| 62 | | - | session, then the President of the Senate shall thereupon appoint an elector to fill the54 |
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| 63 | | - | vacancy if the prior incumbent of such office was elected by the Senate or appointed by the55 |
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| 64 | | - | President of the Senate; and the Speaker of the House of Representatives shall thereupon56 |
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| 65 | | - | appoint an elector to fill the vacancy if the prior incumbent of such office was elected by57 |
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| 66 | | - | the House of Representatives or appointed by the Speaker of the House of Representatives.58 |
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| 67 | | - | A member appointed to fill a vacancy may be removed at any time by a majority vote of59 |
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| 68 | | - | the house whose presiding officer appointed him or her in the same manner as a member60 |
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| 69 | | - | elected by a house of the General Assembly."61 |
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| 70 | | - | "(g) On and after July 1, 2023 2025, the board shall be a separate and distinct budget unit62 |
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| 71 | | - | as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act' Code Section63 |
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| 72 | | - | 45-12-71; provided, however, that the board shall be attached for administrative purposes64 |
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| 73 | | - | only to the office of the Secretary of State State Accounting Office as provided for in Code65 |
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| 74 | | - | Section 50-4-3. The board shall neither be under the jurisdiction of the Secretary of State66 |
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| 75 | | - | nor shall it be considered a division of the office of the Secretary of State."67 |
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| 76 | | - | S. B. 175 (SUB) |
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| 77 | | - | - 3 - 25 LC 47 3697S |
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| 78 | | - | SECTION 2.1.68 |
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| 79 | | - | Said chapter is further amended by revising Code Section 21-2-35, relating to emergency69 |
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| 80 | | - | rules and regulations, imminent peril requirement, and procedures, as follows:70 |
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| 81 | | - | "21-2-35.71 |
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| 82 | | - | (a) Except for emergency rule-making as provided for in subsection (b) of this Code72 |
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| 83 | | - | section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or73 |
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| 84 | | - | a regulation and the date of such adoption is within 60 days of the date of a presidential74 |
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| 85 | | - | preference primary, general primary, special primary, general election, special election, or75 |
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| 86 | | - | runoff thereof, the effective date of such rule or regulation shall be 30 days following the76 |
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| 87 | | - | date of such primary, election, or runoff.77 |
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| 88 | | - | (a)(b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating78 |
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| 89 | | - | to emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative79 |
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| 90 | | - | Procedure Act,' to the contrary, the State Election Board may only adopt emergency rules80 |
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| 91 | | - | or regulations in circumstances of imminent peril to public health, safety, or welfare. To81 |
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| 92 | | - | adopt any such emergency rule or regulation, in addition to any other rule-making82 |
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| 93 | | - | requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:83 |
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| 94 | | - | (1) Give notice to the public of its intended action;84 |
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| 95 | | - | (2) Immediately upon the setting of the date and time of the meeting at which such85 |
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| 96 | | - | emergency rule or regulation is to be considered, give notice by email of its intended86 |
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| 97 | | - | action to:87 |
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| 98 | | - | (A) The Governor;88 |
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| 99 | | - | (B) The Lieutenant Governor;89 |
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| 100 | | - | (C) The Speaker of the House of Representatives;90 |
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| 101 | | - | (D) The chairpersons of the standing committees of each house of the General91 |
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| 102 | | - | Assembly tasked with election matters;92 |
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| 103 | | - | (E) The Secretary of State;93 |
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| 104 | | - | (F) Legislative counsel; and94 |
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| 105 | | - | S. B. 175 (SUB) |
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| 106 | | - | - 4 - 25 LC 47 3697S |
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| 107 | | - | (G) The chief executive officer of each political party registered pursuant to95 |
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| 108 | | - | subsection (a) of Code Section 21-2-110; and96 |
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| 109 | | - | (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature97 |
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| 110 | | - | of the emergency and the manner in which such emergency represents an imminent peril98 |
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| 111 | | - | to public health, safety, or welfare.99 |
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| 112 | | - | (b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to100 |
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| 113 | | - | subsection (b) of this Code section, a majority of the State Election Board shall certify in101 |
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| 114 | | - | writing that such emergency rule or regulation was made in strict and exact compliance102 |
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| 115 | | - | with the provisions of this chapter and subsection (e) of Code Section 50-13-4.103 |
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| 116 | | - | (c)(d) In the event of any conflict between this Code section and any provision of104 |
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| 117 | | - | Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting105 |
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| 118 | | - | provision."106 |
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| 119 | | - | SECTION 3.107 |
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| 120 | | - | Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public108 |
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| 121 | | - | inspection of applications for voter registration and data on electors, and membership of109 |
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| 122 | | - | Secretary of State in nongovernmental entity for purpose of improving voter registration110 |
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| 123 | | - | systems, by revising subsection (c) and adding a new subsection to read as follows:111 |
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| 124 | | - | "(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be112 |
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| 125 | | - | collected and maintained on electors whose names appear on the list of electors maintained113 |
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| 126 | | - | by the Secretary of State pursuant to this article, within the limitations provided in this114 |
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| 127 | | - | article, on electronic media or computer run list or both. Notwithstanding any other115 |
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| 128 | | - | provision of law to the contrary, the Secretary of State shall establish the cost to be charged116 |
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| 129 | | - | for such data Nothing in this subsection shall prevent a county board of registrars or117 |
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| 130 | | - | election superintendent from making the list of electors in such county available for118 |
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| 131 | | - | inspection at no cost at its offices, on its website, or both within the limitations otherwise119 |
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| 132 | | - | provided in this article. The Secretary of State may contract with private vendors to make120 |
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| 133 | | - | S. B. 175 (SUB) |
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| 134 | | - | - 5 - 25 LC 47 3697S |
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| 135 | | - | such data available in accordance with this subsection. Such data may not be used by any121 |
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| 136 | | - | person for commercial purposes."122 |
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| 137 | | - | "(d.1) The State Election Board shall submit to the General Assembly a report evaluating123 |
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| 138 | | - | procedures to improve the accuracy and efficiency of the voter registration system without124 |
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| 139 | | - | participating in a nongovernmental entity with the purpose of sharing voter registration125 |
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| 140 | | - | information. Such report shall include recommended amendments or modifications of state126 |
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| 141 | | - | law governing voter registration procedures and the sharing of voting registration127 |
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| 142 | | - | information with officials in other states. The State Election Board shall provide the report128 |
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| 143 | | - | required by this subsection to the chairpersons of the Senate Ethics Committee and the129 |
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| 144 | | - | House Committee on Governmental Affairs no later than December 31, 2025. This130 |
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| 145 | | - | subsection shall stand repealed on July 1, 2026."131 |
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| 146 | | - | SECTION 3.1.132 |
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| 147 | | - | Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public133 |
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| 148 | | - | inspection of applications for voter registration and data on electors, and membership of134 |
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| 149 | | - | Secretary of State in nongovernmental entity for purpose of improving voter registration135 |
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| 150 | | - | systems, effective on July 1, 2027, by revising subsection (d) and adding new subsections136 |
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| 151 | | - | to read as follows:137 |
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| 152 | | - | "(d)(1) The Secretary of State may become a member of a nongovernmental entity whose138 |
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| 153 | | - | purpose is to share and exchange information in order to improve the accuracy and139 |
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| 154 | | - | efficiency of voter registration systems. The membership of the nongovernmental entity140 |
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| 155 | | - | shall be composed solely of election officials of state and territorial governments of the141 |
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| 156 | | - | United States, except that such membership may also include election officials of the142 |
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| 157 | | - | District of Columbia.143 |
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| 158 | | - | (2) Notwithstanding any provision of law to the contrary, the Secretary of State may144 |
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| 159 | | - | share confidential and exempt information after becoming a member of such145 |
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| 160 | | - | nongovernmental entity as provided in paragraph (1) of this subsection.146 |
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| 161 | | - | S. B. 175 (SUB) |
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| 162 | | - | - 6 - 25 LC 47 3697S |
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| 163 | | - | (3) The Secretary of State may become a member of such nongovernmental entity only147 |
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| 164 | | - | if such entity is controlled and operated by the participating jurisdictions. The entity shall148 |
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| 165 | | - | not be operated or controlled by the federal government or any other entity acting on149 |
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| 166 | | - | behalf of the federal government. The Secretary of State must be able to withdraw at any150 |
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| 167 | | - | time from any such membership in such nongovernmental entity.151 |
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| 168 | | - | (4) If the Secretary of State becomes a member of such nongovernmental entity, the152 |
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| 169 | | - | Department of Driver Services shall, pursuant to an agreement with the Secretary of153 |
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| 170 | | - | State, provide driver's license or identification card information related to voter eligibility154 |
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| 171 | | - | to the Secretary of State for the purpose of sharing and exchanging voter registration155 |
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| 172 | | - | information with such nongovernmental entity.156 |
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| 173 | | - | (5)(d) Notwithstanding any law to the contrary, upon the Secretary of State becoming a157 |
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| 174 | | - | member of a nongovernmental entity as provided in this subsection, any information158 |
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| 175 | | - | received by the Secretary of State prior to the effective date of this subsection from the a159 |
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| 176 | | - | nongovernmental entity whose purpose was to share and exchange information in order to160 |
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| 177 | | - | improve the accuracy and efficiency of voter registration systems is exempt from161 |
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| 178 | | - | disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any other162 |
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| 179 | | - | provision of law. However, the Secretary of State may provide such information to the163 |
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| 180 | | - | boards of registrars to conduct voter registration list maintenance activities.164 |
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| 181 | | - | (e)(1) The Secretary of State or any other state department, agency, board, bureau, office,165 |
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| 182 | | - | commission, public corporation, or authority or any board of registrars or election166 |
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| 183 | | - | superintendent shall be prohibited from joining or participating in any multistate voter list167 |
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| 184 | | - | maintenance organization that:168 |
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| 185 | | - | (A) Requires or encourages the contacting of individuals who are not currently169 |
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| 186 | | - | registered to vote with the intent to register them to vote; or170 |
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| 187 | | - | (B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,171 |
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| 188 | | - | or otherwise ineligible voters from the list of electors.172 |
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| 189 | | - | S. B. 175 (SUB) |
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| 190 | | - | - 7 - 25 LC 47 3697S |
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| 191 | | - | (2) The Secretary of State or any other state department, agency, board, bureau, office,173 |
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| 192 | | - | commission, public corporation, or authority or any board of registrars or election174 |
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| 193 | | - | superintendent shall terminate participation in any multistate voter list maintenance175 |
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| 194 | | - | organization prohibited by paragraph (1) of this subsection within 90 days of the effective176 |
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| 195 | | - | date of this subsection.177 |
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| 196 | | - | (f)(1) In order to improve the accuracy and efficiency of the voter registration system,178 |
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| 197 | | - | the Secretary of State shall be authorized to enter into joint compacts with the chief179 |
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| 198 | | - | election official of any other state or states for the purpose of sharing information for180 |
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| 199 | | - | voter list maintenance.181 |
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| 200 | | - | (2) Notwithstanding any provisions of law to the contrary, the Secretary of State may182 |
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| 201 | | - | share confidential and exempt information after becoming a member of such voter list183 |
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| 202 | | - | maintenance joint compact.184 |
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| 203 | | - | (3) If the Secretary of State becomes a member of such voter list maintenance joint185 |
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| 204 | | - | compact, the Department of Driver Services shall, pursuant to an agreement with the186 |
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| 205 | | - | Secretary of State, provide driver's license or identification card information related to187 |
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| 206 | | - | voter eligibility to the Secretary of State for the purpose of sharing and exchanging voter188 |
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| 207 | | - | registration information with the other state or states participating in such compact.189 |
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| 208 | | - | (4) The Secretary of State must be able to withdraw from any such joint compact at any190 |
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| 209 | | - | time."191 |
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| 210 | | - | SECTION 4.192 |
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| 211 | | - | Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating193 |
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| 212 | | - | to removal of elector's name from list of electors, as follows:194 |
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| 213 | | - | "(b)(1) When an elector of this state moves to another state and registers to vote and the195 |
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| 214 | | - | registration officials in such state send a notice of cancellation reflecting the registration196 |
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| 215 | | - | of the elector in the other state, which includes a copy of such elector's voter registration197 |
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| 216 | | - | application bearing the elector's signature, the Secretary of State or the board of198 |
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| 217 | | - | S. B. 175 (SUB) |
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| 218 | | - | - 8 - 25 LC 47 3697S |
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| 219 | | - | registrars, as the case may be, shall remove such elector's name from the list of electors. 199 |
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| 220 | | - | It shall not be necessary to send a confirmation notice to the elector in such200 |
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| 221 | | - | circumstances.201 |
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| 222 | | - | (2) When an elector of this state moves to another state and the registration officials in202 |
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| 223 | | - | such other state or a nongovernmental entity as described in subsection (d) of Code203 |
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| 224 | | - | Section 21-2-225 send a notice of cancellation or other information indicating that the204 |
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| 225 | | - | elector has moved to such state but such notice or information does not include a copy205 |
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| 226 | | - | of such elector's voter registration application in such other state bearing the elector's206 |
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| 227 | | - | signature, the Secretary of State or the board of registrars, as the case may be, shall send207 |
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| 228 | | - | a confirmation notice to the elector as provided in Code Section 21-2-234.208 |
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| 229 | | - | (3) Once becoming a member of the nongovernmental entity described in subsection (d)209 |
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| 230 | | - | of Code Section 21-2-225, the Secretary of State shall obtain regular information from210 |
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| 231 | | - | such entity regarding electors who may have moved to another state, died, or otherwise211 |
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| 232 | | - | become ineligible to vote in Georgia. The Secretary of State shall use such information212 |
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| 233 | | - | to conduct list maintenance on the list of eligible electors."213 |
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| 234 | | - | SECTION 5.214 |
|---|
| 235 | | - | Said chapter is further amended in Code Section 21-2-382, relating to additional buildings215 |
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| 236 | | - | as additional registrar's office or place of registration for receiving absentee ballots and for216 |
|---|
| 237 | | - | advance voting, and drop boxes, by adding a new subsection to read as follows:217 |
|---|
| 238 | | - | "(b.1) Notwithstanding any provisions of this article to the contrary, the registrars or218 |
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| 239 | | - | absentee ballot clerk shall not accept the hand delivery of any absentee ballot following the219 |
|---|
| 240 | | - | end of the period of advance voting provided for in subsection (d) of Code220 |
|---|
| 241 | | - | Section 21-2-385; provided, however, that this subsection shall not apply to:221 |
|---|
| 242 | | - | (1) Any absentee ballots delivered to the registrars or absentee ballot clerks at the222 |
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| 243 | | - | registrars' or absentee ballot clerk's office on the date of a primary, election, or runoff223 |
|---|
| 244 | | - | during the hours polls are open on such day;224 |
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| 245 | | - | S. B. 175 (SUB) |
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| 246 | | - | - 9 - 25 LC 47 3697S |
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| 247 | | - | (2) Absentee ballots hand delivered to the registrars or absentee ballot clerks at the225 |
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| 248 | | - | registrars' or absentee ballot clerk's office on the Monday prior to the date of a primary226 |
|---|
| 249 | | - | or election, if open for business, between the hours of 7:00 A.M. and 7:00 P.M.;227 |
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| 250 | | - | provided, however, that the registrar or absentee ballot clerk shall provide public notice,228 |
|---|
| 251 | | - | at least 14 days prior to such date, that absentee ballots will be accepted at such locations229 |
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| 252 | | - | on such date and times;230 |
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| 253 | | - | (3) Absentee ballots delivered to the registrars or absentee ballot clerks by the United231 |
|---|
| 254 | | - | States Postal Service or other common carrier; or232 |
|---|
| 255 | | - | (4) Absentee ballots cast pursuant to the federal Uniformed and Overseas Citizens233 |
|---|
| 256 | | - | Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended."234 |
|---|
| 257 | | - | SECTION 6.235 |
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| 258 | | - | Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting236 |
|---|
| 259 | | - | by absentee ballot and advance voting, by revising paragraph (1) of subsection (d) as follows:237 |
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| 260 | | - | "(d)(1) There shall be a period of advance voting that shall commence:238 |
|---|
| 261 | | - | (A) On the fourth Monday immediately prior to each primary or election; and239 |
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| 262 | | - | (B) As soon as possible prior to a runoff from any general primary or election but no240 |
|---|
| 263 | | - | later than the second Monday immediately prior to such runoff241 |
|---|
| 264 | | - | and shall end on the Friday immediately prior to each primary, election, or runoff. 242 |
|---|
| 265 | | - | Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,243 |
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| 266 | | - | other than observed state holidays, during such period and shall be conducted on the244 |
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| 267 | | - | second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the245 |
|---|
| 268 | | - | registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both246 |
|---|
| 269 | | - | the second and third Sundays prior to a primary or election during hours determined by247 |
|---|
| 270 | | - | the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;248 |
|---|
| 271 | | - | provided, however, that, if such second Saturday is a public and legal holiday pursuant249 |
|---|
| 272 | | - | to Code Section 1-4-1, if such second Saturday follows a public and legal holiday250 |
|---|
| 273 | | - | S. B. 175 (SUB) |
|---|
| 274 | | - | - 10 - 25 LC 47 3697S |
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| 275 | | - | occurring on the Thursday or Friday immediately preceding such second Saturday, or if251 |
|---|
| 276 | | - | such second Saturday immediately precedes a public and legal holiday occurring on the252 |
|---|
| 277 | | - | following Sunday or Monday, such advance voting shall not be held on such second253 |
|---|
| 278 | | - | Saturday but shall be held on the third Saturday prior to such primary or election254 |
|---|
| 279 | | - | beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this255 |
|---|
| 280 | | - | paragraph, the registrars may extend the hours for voting to permit advance voting256 |
|---|
| 281 | | - | from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant257 |
|---|
| 282 | | - | to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their258 |
|---|
| 283 | | - | option; provided, however, that voting shall occur only on the days specified in this259 |
|---|
| 284 | | - | paragraph and counties and municipalities shall not be authorized to conduct advance260 |
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| 285 | | - | voting on any other days. Notwithstanding any other provision of this paragraph to the261 |
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| 286 | | - | contrary, the governing authority of a municipality may opt out of conducting voting on262 |
|---|
| 287 | | - | one or more Saturdays during the period of advance voting in any municipal election for263 |
|---|
| 288 | | - | such municipality, by action taken during a duly called public meeting of the governing264 |
|---|
| 289 | | - | authority; provided, however, that the provisions of this sentence shall not apply to any265 |
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| 290 | | - | municipal election that is held concurrent with and on the same date as any county or266 |
|---|
| 291 | | - | state primary, election, or runoff thereof."267 |
|---|
| 292 | | - | SECTION 7.268 |
|---|
| 293 | | - | Said chapter is further amended in Code Section 21-2-540, relating to conduct and timing of269 |
|---|
| 294 | | - | special primaries and special elections generally, by revising subsection (b) and270 |
|---|
| 295 | | - | paragraph (2) of subsection (c) as follows:271 |
|---|
| 296 | | - | "(b) At least 29 days shall intervene between the call of a special primary and the holding272 |
|---|
| 297 | | - | of same, and at least 29 days shall intervene between the call of a special election and the273 |
|---|
| 298 | | - | holding of same. The period during which candidates may qualify to run in a special274 |
|---|
| 299 | | - | primary or a special election shall remain open for a minimum of two and one-half days. 275 |
|---|
| 300 | | - | Special elections to present questions to the voters which are to be held in conjunction with276 |
|---|
| 301 | | - | S. B. 175 (SUB) |
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| 302 | | - | - 11 - 25 LC 47 3697S |
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| 303 | | - | the presidential preference primary, a state-wide general primary, or state-wide general277 |
|---|
| 304 | | - | election, state-wide special primary, or state-wide special election shall be called at least278 |
|---|
| 305 | | - | 90 days prior to the date of such presidential preference primary, state-wide general279 |
|---|
| 306 | | - | primary, or state-wide general election, state-wide special primary, or state-wide special280 |
|---|
| 307 | | - | election; provided, however, that this requirement shall not apply to special elections to281 |
|---|
| 308 | | - | present questions to the voters held on the same date as such presidential preference282 |
|---|
| 309 | | - | primary, state-wide general primary, or state-wide general election, state-wide special283 |
|---|
| 310 | | - | primary, or state-wide special election but conducted completely separate and apart from284 |
|---|
| 311 | | - | such state-wide general primary or state-wide general election using different ballots or285 |
|---|
| 312 | | - | voting equipment, facilities, poll workers, and paperwork."286 |
|---|
| 313 | | - | "(2) Notwithstanding any other provision of law to the contrary, a special election to287 |
|---|
| 314 | | - | present a question to the voters shall be held only on one of the following dates which is288 |
|---|
| 315 | | - | at least 29 days after the date of the call for the special election:289 |
|---|
| 316 | | - | (A) In odd-numbered years, any such special election shall only be held on the:290 |
|---|
| 317 | | - | (i) The third Tuesday in March or on the;291 |
|---|
| 318 | | - | (ii) The Tuesday after the first Monday in November; and or292 |
|---|
| 319 | | - | (iii) The date of and in conjunction with any state-wide special primary or special293 |
|---|
| 320 | | - | election if one is held that year, regardless of whether or not such special primary or294 |
|---|
| 321 | | - | special election is held pursuant to the terms of this chapter; provided, however, that295 |
|---|
| 322 | | - | the 90 days call provision of subsection (b) of this Code section shall not apply to a296 |
|---|
| 323 | | - | special election held pursuant to this division; and297 |
|---|
| 324 | | - | (B) In even-numbered years, any such special election shall only be held on:298 |
|---|
| 325 | | - | (i) The date of and in conjunction with the presidential preference primary if one is299 |
|---|
| 326 | | - | held that year;300 |
|---|
| 327 | | - | (ii) The third Tuesday in March; provided, however, that such special election shall301 |
|---|
| 328 | | - | occur prior to July 1, 2024, and present a question to the voters on sales and use taxes302 |
|---|
| 329 | | - | authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;303 |
|---|
| 330 | | - | S. B. 175 (SUB) |
|---|
| 331 | | - | - 12 - 25 LC 47 3697S |
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| 332 | | - | (iii) The date of the general primary; or304 |
|---|
| 333 | | - | (iv) The Tuesday after the first Monday in November."305 |
|---|
| 334 | | - | SECTION 8.306 |
|---|
| 335 | | - | Said chapter is further amended by revising Code Section 21-2-540, relating to conduct and307 |
|---|
| 336 | | - | timing of special primaries and special elections generally, effective on July 1, 2026, as308 |
|---|
| 337 | | - | follows:309 |
|---|
| 338 | | - | "21-2-540.310 |
|---|
| 339 | | - | (a)(1) Every special primary and special election shall be held and conducted in all311 |
|---|
| 340 | | - | respects in accordance with the provisions of this chapter relating to general primaries312 |
|---|
| 341 | | - | and general elections; and the provisions of this chapter relating to general primaries and313 |
|---|
| 342 | | - | general elections shall apply thereto insofar as practicable and as not inconsistent with314 |
|---|
| 343 | | - | any other provisions of this chapter. All special primaries and special elections held at315 |
|---|
| 344 | | - | the time of a general primary, as provided by Code Section 21-2-541, shall be conducted316 |
|---|
| 345 | | - | by the poll officers by the use of the same equipment and facilities, insofar as practicable,317 |
|---|
| 346 | | - | as are used for such general primary. All special primaries and special elections held at318 |
|---|
| 347 | | - | the time of a general election, as provided by Code Section 21-2-541, shall be conducted319 |
|---|
| 348 | | - | by the poll officers by the use of the same equipment and facilities, insofar as practicable,320 |
|---|
| 349 | | - | as are used for such general election.321 |
|---|
| 350 | | - | (2) If a vacancy occurs in a partisan office to which the Governor is authorized to322 |
|---|
| 351 | | - | appoint an individual to serve until the next general election, a special primary shall323 |
|---|
| 352 | | - | precede the special election.324 |
|---|
| 353 | | - | (b) At least 29 60 days shall intervene between the call of a special primary and the325 |
|---|
| 354 | | - | holding of same, and at least 29 45 days shall intervene between the call of a special326 |
|---|
| 355 | | - | election and the holding of same. The period during which candidates may qualify to run327 |
|---|
| 356 | | - | in a special primary or a special election shall remain open for a minimum of two and328 |
|---|
| 357 | | - | one-half days. Special elections to present questions to the voters which are to be held in329 |
|---|
| 358 | | - | S. B. 175 (SUB) |
|---|
| 359 | | - | - 13 - 25 LC 47 3697S |
|---|
| 360 | | - | conjunction with the presidential preference primary, a state-wide general primary,330 |
|---|
| 361 | | - | state-wide general election, state-wide special primary, or state-wide special election shall331 |
|---|
| 362 | | - | be called at least 90 days prior to the date of such presidential preference primary,332 |
|---|
| 363 | | - | state-wide general primary, state-wide general election, state-wide special primary, or333 |
|---|
| 364 | | - | state-wide special election; provided, however, that this requirement shall not apply to334 |
|---|
| 365 | | - | special elections to present questions to the voters held on the same date as such335 |
|---|
| 366 | | - | presidential preference primary, state-wide general primary, state-wide general election,336 |
|---|
| 367 | | - | state-wide special primary, or state-wide special election but conducted completely337 |
|---|
| 368 | | - | separate and apart from such state-wide general primary or state-wide general election338 |
|---|
| 369 | | - | using different ballots or voting equipment, facilities, poll workers, and paperwork.339 |
|---|
| 370 | | - | (c)(1) Notwithstanding any other provision of law to the contrary, a special primary or340 |
|---|
| 371 | | - | special election to fill a vacancy in a county or municipal office shall be held only on one341 |
|---|
| 372 | | - | of the following dates which is at least 29 60 days after the date of the call for the special342 |
|---|
| 373 | | - | election:343 |
|---|
| 374 | | - | (A) In odd-numbered years, any such special primary or special election shall only be344 |
|---|
| 375 | | - | held on:345 |
|---|
| 376 | | - | (i) The third Tuesday in March;346 |
|---|
| 377 | | - | (ii) The third Tuesday in June; or347 |
|---|
| 378 | | - | (iii) The third Tuesday in September; or348 |
|---|
| 379 | | - | (iv) The Tuesday after the first Monday in November; and349 |
|---|
| 380 | | - | (B) In even-numbered years, any such special primary or special election shall only be350 |
|---|
| 381 | | - | held on:351 |
|---|
| 382 | | - | (i) The third Tuesday in March; provided, however, that in the event that a special352 |
|---|
| 383 | | - | primary or special election is to be held under this provision in a year in which a353 |
|---|
| 384 | | - | presidential preference primary is to be held, then any such special primary or special354 |
|---|
| 385 | | - | election shall be held on the date of and in conjunction with the presidential355 |
|---|
| 386 | | - | preference primary;356 |
|---|
| 387 | | - | S. B. 175 (SUB) |
|---|
| 388 | | - | - 14 - 25 LC 47 3697S |
|---|
| 389 | | - | (ii) The date of the general primary; or357 |
|---|
| 390 | | - | (iii) The Tuesday after the first Monday in November;358 |
|---|
| 391 | | - | provided, however, that, in the event that a special primary or special election to fill a359 |
|---|
| 392 | | - | federal or state office on a date other than the dates provided in this paragraph has been360 |
|---|
| 393 | | - | scheduled and it is possible to hold a special primary or special election to fill a vacancy361 |
|---|
| 394 | | - | in a county, municipal, or school board office in conjunction with such special primary362 |
|---|
| 395 | | - | or special election to fill a federal or state office, the special primary or special election363 |
|---|
| 396 | | - | to fill such county, municipal, or school board office may be held on the date of and in364 |
|---|
| 397 | | - | conjunction with such special primary or special election to fill such federal or state365 |
|---|
| 398 | | - | office, provided all other provisions of law regarding such primaries and elections are366 |
|---|
| 399 | | - | met.367 |
|---|
| 400 | | - | (2) Notwithstanding any other provision of law to the contrary, a special election to368 |
|---|
| 401 | | - | present a question to the voters shall be held only on one of the following dates which is369 |
|---|
| 402 | | - | at least 29 45 days after the date of the call for the special election:370 |
|---|
| 403 | | - | (A) In odd-numbered years, any such special election shall only be held on:371 |
|---|
| 404 | | - | (i) The third Tuesday in March;372 |
|---|
| 405 | | - | (ii) The Tuesday after the first Monday in November; or373 |
|---|
| 406 | | - | (iii) The date of and in conjunction with any state-wide special primary or special374 |
|---|
| 407 | | - | election if one is held that year, regardless of whether or not such special primary or375 |
|---|
| 408 | | - | special election is held pursuant to the terms of this chapter; provided, however, that376 |
|---|
| 409 | | - | the 90 days call provision of subsection (b) of this Code section shall not apply to a377 |
|---|
| 410 | | - | special election held pursuant to this division; and378 |
|---|
| 411 | | - | (B) In even-numbered years, any such special election shall only be held on:379 |
|---|
| 412 | | - | (i) The date of and in conjunction with the presidential preference primary if one is380 |
|---|
| 413 | | - | held that year;381 |
|---|
| 414 | | - | S. B. 175 (SUB) |
|---|
| 415 | | - | - 15 - 25 LC 47 3697S |
|---|
| 416 | | - | (ii) The third Tuesday in March; provided, however, that such special election shall382 |
|---|
| 417 | | - | occur prior to July 1, 2024, and present a question to the voters on sales and use taxes383 |
|---|
| 418 | | - | authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;384 |
|---|
| 419 | | - | (iii) The date of the general primary; or385 |
|---|
| 420 | | - | (iv)(iii) The Tuesday after the first Monday in November.386 |
|---|
| 421 | | - | (3) The provisions of this subsection shall not apply to:387 |
|---|
| 422 | | - | (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'388 |
|---|
| 423 | | - | to recall a public officer or to fill a vacancy in a public office caused by a recall389 |
|---|
| 424 | | - | election; and390 |
|---|
| 425 | | - | (B) Special primaries or special elections to fill vacancies in federal or state public391 |
|---|
| 426 | | - | offices.392 |
|---|
| 427 | | - | (d) Except as otherwise provided by this chapter, the superintendent of each county or393 |
|---|
| 428 | | - | municipality shall publish the call of the special primary or special election.394 |
|---|
| 429 | | - | (e)(1) Candidates in special elections for partisan offices that are not preceded by special395 |
|---|
| 430 | | - | primaries shall be listed alphabetically on the ballot and may choose to designate on the396 |
|---|
| 431 | | - | ballot their party affiliation. The party affiliation selected by a candidate shall not be397 |
|---|
| 432 | | - | changed following the close of qualifying.398 |
|---|
| 433 | | - | (2) Candidates in special primaries shall be listed alphabetically on the ballot."399 |
|---|
| 434 | | - | SECTION 9.400 |
|---|
| 435 | | - | (a) Except as provided for in subsection (b) of this section, this Act shall become effective401 |
|---|
| 436 | | - | on July 1, 2025.402 |
|---|
| 437 | | - | (b)(1) Sections 3, 7, 10, and this section of this Act shall become effective upon its403 |
|---|
| 438 | | - | approval by the Governor or upon its becoming law without such approval.404 |
|---|
| 439 | | - | (2) Section 8 of this Act shall become effective on July 1, 2026.405 |
|---|
| 440 | | - | (3) Sections 3.1 and 4 of this Act shall become effective on July 1, 2027.406 |
|---|
| 441 | | - | S. B. 175 (SUB) |
|---|
| 442 | | - | - 16 - 25 LC 47 3697S |
|---|
| 443 | | - | SECTION 10.407 |
|---|
| 444 | | - | All laws and parts of laws in conflict with this Act are repealed.408 |
|---|
| 445 | | - | S. B. 175 (SUB) |
|---|
| 446 | | - | - 17 - |
|---|
| 8 | + | To amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, |
|---|
| 9 | + | 1 |
|---|
| 10 | + | relating to general provisions regarding elections and primaries, so as to prohibit the use of2 |
|---|
| 11 | + | ranked-choice voting; to provide for certain exceptions; to provide for a definition; to provide3 |
|---|
| 12 | + | for related matters; to repeal conflicting laws; and for other purposes.4 |
|---|
| 13 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
|---|
| 14 | + | SECTION 1.6 |
|---|
| 15 | + | Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to7 |
|---|
| 16 | + | general provisions regarding elections and primaries, is amended by adding a new Code8 |
|---|
| 17 | + | section to read as follows: 9 |
|---|
| 18 | + | "21-2-20. |
|---|
| 19 | + | 10 |
|---|
| 20 | + | (a) As used in this Code section, the term 'ranked-choice voting' means a voting method11 |
|---|
| 21 | + | that allows electors to rank candidates for an office in order of preference and has ballots12 |
|---|
| 22 | + | cast be tabulated in multiple rounds following the elimination of a candidate until a single13 |
|---|
| 23 | + | candidate attains a majority.14 |
|---|
| 24 | + | (b) Ranked-choice voting shall not be used in determining the election or nomination of15 |
|---|
| 25 | + | any candidate to any local, state, or federal elective office.16 |
|---|
| 26 | + | S. B. 175 |
|---|
| 27 | + | - 1 - 25 LC 56 0270 |
|---|
| 28 | + | (c) This Code section shall not apply to electors who are entitled to vote absentee ballots17 |
|---|
| 29 | + | under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.18 |
|---|
| 30 | + | Section 20301, et seq., as amended."19 |
|---|
| 31 | + | SECTION 2.20 |
|---|
| 32 | + | All laws and parts of laws in conflict with this Act are repealed.21 |
|---|
| 33 | + | S. B. 175 |
|---|
| 34 | + | - 2 - |
|---|