HB426: HB426 Courts; nonpartisan election of magistrates; provide

Currently, Georgia law lets chief magistrates be elected in partisan elections unless a local law says otherwise. House Bill 426 rewrites that rule in Georgia's magistrate court law (O.C.G.A. § 15-10-20) so that chief magistrates are instead elected in nonpartisan elections, meaning candidates do not run under a political party label. It also says that starting July 1, 2025, no new local law can create or keep a partisan election for a chief magistrate or other magistrate. The bill also updates Georgia's election code (O.C.G.A. §§ 21-2-138 and 21-2-139) to describe how nonpartisan elections for magistrates, probate judges, and other judicial offices are run alongside the general primary. A separate version of one section takes effect January 1, 2027, but only if voters ratify a state constitutional amendment requiring nonpartisan election of probate judges; if that amendment fails, this whole Act automatically repeals itself.

• Changes chief magistrate elections in Georgia's magistrate court law (O.C.G.A. § 15-10-20) from partisan to nonpartisan, meaning candidates run without a party label.
• Bars any local law enacted after July 1, 2025 from creating or keeping a partisan election for a chief magistrate or other magistrate in any county.
• Updates the state election code (O.C.G.A. § 21-2-138) to spell out how nonpartisan elections for magistrates, probate judges, and other judicial offices are conducted alongside the general primary.
• Revises the local-law procedure for nonpartisan elections (O.C.G.A. § 21-2-139) governing probate judges, local school boards, and consolidated governments.
• Sets a second version of that local-law procedure to take effect January 1, 2027, but only if a constitutional amendment on nonpartisan probate judge elections is ratified by voters.
• Automatically repeals the entire Act if that constitutional amendment is not ratified.

Georgia's chief magistrates and other magistrates, county judges of probate courts, candidates seeking these judicial offices, county election superintendents who run the elections, and voters in every Georgia county who elect these officials.

Voters would see magistrate candidates listed without party affiliation on the ballot, changing how these local judicial races are contested and decided. Counties would lose the option to keep or adopt partisan magistrate elections through local legislation after July 1, 2025.

• Section 1 rewrites O.C.G.A. § 15-10-20(c) so the chief magistrate is elected in a nonpartisan election rather than a partisan one, effective for terms after the change.
• Section 1 also states that as of July 1, 2025, no local Act can create or enforce partisan election of a chief magistrate or other magistrate.
• Section 2 revises O.C.G.A. § 21-2-138 to detail how nonpartisan elections for magistrates, probate judges, state court judges, and appellate judges are conducted with the general primary.
• Section 3 revises O.C.G.A. § 21-2-139(a), governing local Acts that set up nonpartisan elections for probate judges, school boards, and consolidated governments.
• Section 4 creates a second version of that same subsection that only takes effect January 1, 2027, if a state constitutional amendment on nonpartisan probate judge elections is ratified.
• Section 5 sets the general effective date as July 1, 2025, except for Section 4, and repeals the entire Act automatically if the constitutional amendment fails ratification.
• Section 6 repeals any conflicting laws.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 302
3. 2025-05-14House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-21Senate Passed/Adopted (Senate)
6. 2025-03-21Senate Third Read (Senate)
7. 2025-03-21Senate Engrossed (Senate)
8. 2025-03-18Senate Read Second Time (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)
• Ricky Williams (R, SD-025)

1. PassedHouse voteMarch 4, 2025

   111 yea, 59 nay (4 not voting, 6 absent)

   Passage: House Vote #180

2. PassedSenate voteMarch 21, 2025

   32 yea, 22 nay (1 not voting, 1 absent)

   Motion To Engross: Hb 266, Hb 426: Senate Vote #266

3. PassedSenate voteMarch 21, 2025

   43 yea, 11 nay (1 not voting, 1 absent)

   Passage: Senate Vote #271

• magistrate courts
• nonpartisan elections
• judicial elections
• county government
• probate courts