HR251: HR251 Local government; probate judges shall be elected in nonpartisan elections; provide - CA

Currently, judges for Georgia's superior courts, state courts, the Supreme Court, and the Court of Appeals are already elected on a nonpartisan basis, but probate judges are not covered by that same constitutional rule. This resolution would amend Article VI, Section VII, Paragraph I of the Georgia Constitution to add probate judges to the list of judges who must run without party affiliation on the ballot. The change would not take effect on its own. Because it is a proposed constitutional amendment, it must go before Georgia voters for ratification. The resolution sets the exact ballot question asking whether the Constitution should be amended to require nonpartisan election of probate court judges, and specifies that a Yes vote favors the change and a No vote opposes it.

• Amends Article VI, Section VII, Paragraph I of the Georgia Constitution to add probate judges to the group of judges elected on a nonpartisan basis.
• Ties probate judges' term lengths to those already set out in Article IX, Section I, Paragraph III rather than changing term lengths itself.
• Leaves all other judges, such as superior court and state court judges, under their existing nonpartisan election rules unchanged.
• Schedules the proposed amendment to be submitted to Georgia voters for ratification or rejection rather than taking effect automatically.
• Specifies the exact wording of the ballot question voters will see, asking whether probate court judges should be elected in nonpartisan elections.

Georgia's probate court judges, who currently may run in partisan elections; candidates seeking probate judge seats; county probate courts, which handle wills, estates, and some licensing matters; and Georgia voters, who would decide the amendment's fate at the ballot box.

If voters ratify this amendment, probate judge races statewide would no longer list party affiliation on the ballot, changing how candidates campaign and how voters choose among them, aligning probate elections with the nonpartisan format already used for other Georgia judgeships.

• Section 1 revises subparagraph (a) of Article VI, Section VII, Paragraph I to state that all probate judges shall be elected on a nonpartisan basis.
• Section 1 ties probate judges' terms to those set in Article IX, Section I, Paragraph III of the Constitution rather than establishing new term lengths.
• Section 2 directs that the proposed amendment be published and submitted to voters as required by Article X, Section I, Paragraph II of the Constitution.
• Section 2 sets the specific ballot question: whether the Constitution should be amended to require nonpartisan election of all probate court judges.
• Section 2 states that if ratified, the amendment becomes part of the Georgia Constitution.

1. 2026-05-12Effective Date 2026-07-01
2. 2026-05-12Act 638
3. 2026-05-12House Date Signed by Governor (House)
4. 2026-04-07House Sent to Governor (House)
5. 2026-03-31Senate Reconsidered Passed/Adopted (Senate)
6. 2026-03-20Senate Reconsidered (Senate)
7. 2026-03-19Senate Notice to Reconsider (Senate)
8. 2026-03-19Senate Lost (Senate)

• Kimberly New (R, HD-040)Primary sponsor
• Chuck Efstration (R, HD-104)
• James Burchett (R, HD-176)
• Tyler Smith (R, HD-018)
• Mitchell Scoggins (R, HD-014)
• Holt Persinger (R, HD-119)
• Brian Strickland (R, SD-042)

1. PassedHouse voteFebruary 11, 2026

   145 yea, 20 nay (4 not voting, 6 absent)

   Adopt: House Vote #504

2. PassedSenate voteMarch 19, 2026

   31 yea, 18 nay (2 not voting, 3 absent)

   Adoption Of Constitutional Amendment: Senate Vote #749

3. PassedSenate voteMarch 20, 2026

   32 yea, 5 nay (17 not voting, 0 absent)

   Motion For Reconsideration: Senate Vote #758

4. PassedSenate voteMarch 31, 2026

   46 yea, 0 nay (2 not voting, 6 absent)

   Adoption Of Constitutional Amendment: Senate Vote #877

• probate court
• judicial elections
• nonpartisan elections
• constitutional amendment
• Georgia Constitution