elections georgia
For how long (maximum) are Georgia&#39;s state election board emergency rules valid?
<p>It's been the news in the Trump-leaning <a href="https://georgiastarnews.com/2020/12/16/georgia-secretary-of-state-and-state-election-board-changed-absentee-ballot-signature-verification-and-added-drop-boxes-without-state-legislatures-approval/" rel="nofollow noreferrer">media</a> that Georgia's RULE 183-1-14-0.6-.14 Secure Absentee Ballot Drop Boxes had expired prior to the Nov election, allegedly because no such emergency rule can be valid for more than 120 days and it was last adopted/modified on Jun 1st.</p>
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<p>Under Georgia law, emergency rules adopted by any state agency or regulatory body automatically expire 120 days after their adoption(see § 50-13-4-b).</p>
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<p>On the other hand, I've seen mentioned in the press twice that that rule was valid for a bit more, approximately 6 months. This was <a href="https://georgiapeanutgallery.org/2020/07/29/state-board-of-elections-discusses-june-9-primary-in-7-1-20-meeting/" rel="nofollow noreferrer">said</a> in relation to both the June 1 modification/extension:</p>
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<p>Processing absentee ballots- Some of the changes we’re making are getting rid of reference to June 9. Dropbox rule- One change is the deleting the reference to the June 9 election only. It will still be an emergency rule in place for six months. To make it permanent we would have to go over the rule making process which I envision us doing.</p>
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<p>and in relation to the Nov 23 <a href="https://www.11alive.com/article/news/politics/elections/elections-board-extends-two-key-rules-for-runoff/85-ce378a56-c9c4-418a-b751-80b47d2a0a69" rel="nofollow noreferrer">one</a>.</p>
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<p>Drop boxes will remain stationed at county elections offices and certain polling locations. Registered voters are able to avoid in-person interaction and mailing in their ballots if they use the drop box associated with their county. The board extended this rule to February 5, falling short of the six-month emergency rule provision.</p>
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<p>So, who is right here? Can the Board only issue emergency rules valid for max 120 days? Or up to 6 months? What would be the legal basis of the latter?</p>
<p>I'll note that in <a href="https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/34.pdf" rel="nofollow noreferrer">response</a> to a lawsuit (on another matter--the Prompt Notification Rule [for absentee ballot rejections] 183-1-14-.13), Georgia's
Attorney General's office recognizes that § 50-13 applies to (at least some) rules issued by the state election board:</p>
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<p>The Georgia Administrative Procedure Act, O.C.G.A. §§ 50-13-1 through
50-13-44, specifically provides a framework for the General Assembly to review
and acquiesce in the rules promulgated by regulatory bodies such as the State
Election Board.</p>
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<p>So, the question is then one of interpretation of those provisions, I suppose.</p>

<p>According to the <a href="https://law.justia.com/codes/georgia/2019/title-50/chapter-13/article-1/section-50-13-4/" rel="nofollow noreferrer">Georgia law</a> on emergency rules:</p>
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<p>The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided, however, that such a rule adopted pursuant to discharge of responsibility under an executive order declaring a state of emergency or disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of the emergency or disaster and for a period of not more than 120 days thereafter.</p>
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<p>The second half of this looks a little ambiguous to me. When it says &quot;such a rule&quot;, is it referring to the emergency rule, or to the &quot;identical rule&quot;?</p>
<p>I believe it's <em>probably</em> referring to the emergency rule, in which case the rule could be effective for at most 120 days after the expiration of the emergency, rather than 120 days total.</p>
