Georgia Supreme Court narrows agency rulemaking, overturns decades-old precedent in elections ruling

The Georgia Supreme Court this year struck down four of seven rules the State Election Board adopted for the 2024 cycle and left only a narrow surveillance requirement intact, saying agencies may not enact rules that amount to lawmaking without clearly delegated, limited authority from the General Assembly. Stuart Morelli, deputy legislative counsel to the General Assembly, told the committee the opinion replaces the 1990 DOT v. Atlanta standard and establishes a three-step test for delegation questions.

Why it matters: The decision revives a stricter nondelegation approach in Georgia, restricting how broadly the legislature can authorize executive agencies to make binding rules. Scott Turner, executive director of Eternal Vigilance Action and a plaintiff in the case, called the ruling a "fundamental reset" that returns lawmaking to elected…