Final Update for 2025: Clever maneuvering by those really in charge of our government (hint – not the Legislature) stopped this bill in 2025. The bill is not dead, but it can‘t be reconsidered until 2026.
BRIEF OUTLINE OF CHANGES
- Moves the State Election Board under a different state office to increase independence.
- Limits last-minute rule changes before elections.
- Makes absentee ballot rules stricter, including fewer drop box hours and delivery limits.
- Requires faster and more detailed reporting of early and absentee votes.
- Stops Georgia from joining national voter registration groups like ERIC, but lets it share data directly with other states.
- Gives poll watchers more access to observe ballot handling.
- Sets stricter timelines for calling and holding special elections.
- Makes it easier to see voter lists in each county.
- Most changes start July 1, 2025, with some kicking in later.
A Walkthrough of the Legislation
🔧 Structural and Oversight Changes
1. State Election Board Oversight
- Now attached to the State Accounting Office, not the Secretary of State (Sec. 2).
- This reduces the Secretary of State’s direct control over elections and may increase board independence.
2. Election Rule Timing Restrictions
- New rules cannot take effect within 60 days before an election; they become active 30 days after that election (Sec. 4).
- Reduces last-minute rule changes that could confuse election officials or voters.
🗳️ Voting and Election Procedure Changes
3. Absentee Ballot Rules
- Hand delivery of absentee ballots is not allowed after advance voting ends, with limited exceptions (Sec. 9).
- More restrictions on ballot drop boxes, including required surveillance, collection procedures, and labeling (Sec. 9).
- Municipalities can opt out of Saturday advance voting in municipal-only elections (Sec. 10).
4. Advance and Provisional Voting Reporting
- County officials must report daily totals for absentee and advance votes, and provisional ballots by precinct (Sec. 10).
- Requires this info to be posted online or in a public space.
5. Election Night Reporting
- New requirement for counties to post precinct-level results by 11:59 PM or as soon as possible after uploads (Sec. 12).
🧾 Voter List Maintenance and Data Sharing
6. Exit from Multistate Programs
- Prohibits Georgia from joining any multistate voter list organization that encourages voter registration or shares data beyond cleaning voter rolls (Sec. 7).
- ERIC (Electronic Registration Information Center) participation is effectively barred.
- Georgia can create one-on-one data-sharing compacts with other states (Sec. 7).
7. Elector List Access
- County voter lists may be made freely available for public inspection online or at county offices (Sec. 6).
🧾 Candidate and Election Qualification
8. New Rules for Independent Presidential Candidates
- Tightens and clarifies the petition and filing windows for independent presidential and special election candidates (Sec. 5).
🕵️ Poll Watchers and Observation
9. Increased Access for Poll Watchers
- Watchers now explicitly allowed access to areas where ballots are adjudicated, absentee ballots are processed, and reconciliation is done (Sec. 11).
🗓️ Special Elections – Timing & Ballots
10. More Rigid Election Scheduling
- Increases minimum time between special election call and voting (29 → 45 or 60 days depending on type) (Sec. 13–14).
- Limits when local special elections can be held to a few defined dates.
11. Party Affiliation Rules for Specials
- Special election candidates (without primaries) can list party affiliation, but once chosen, it cannot be changed (Sec. 14).
📅 Effective Dates
- Most changes take effect July 1, 2025.
- Some election scheduling provisions delayed to 2026.
- Restrictions on participation in voter list-sharing entities like ERIC take effect July 1, 2027.
🧠 Summary of Impact
- Tightens control over election rule changes and voting timelines.
- Reduces external influence (e.g., from national data-sharing orgs like ERIC).
- Adds voter transparency and polling oversight, but may increase administrative burden.
- May restrict voter access, especially with reduced drop box hours and absentee ballot hand-delivery limits.
📊 Comparison Chart – Before vs. After HB 397
| Topic | Before HB 397 | After HB 397 |
| Election Board Oversight | Under Secretary of State | Under State Accounting Office |
| Rule Changes Before Elections | Can take effect any time | No rule changes within 60 days before election |
| Absentee Ballot Drop-Off | Allowed until polls close | Must be delivered before end of early voting |
| Drop Box Rules | More flexibility | Must be in advance voting locations and monitored |
| Advance Voting (Municipal) | Saturday voting required | Cities can opt out of Saturday voting |
| Voter Roll Sharing (e.g. ERIC) | Georgia could join ERIC | Georgia prohibited from joining ERIC-type groups |
| Special Election Scheduling | 29-day minimum window | Increased to 45 or 60 days depending on race |
| Election Night Reporting | No set deadline | Must post results by 11:59 PM or ASAP after upload |
| Poll Watcher Access | Limited areas | Expanded to ballot adjudication and tabulation areas |
| Public Access to Voter Lists | Upon request | Can be posted online or made available in-person |
| Presidential Candidate Filing | Less clear | Tighter deadlines and party labeling clarified |