HB426: HB426 Courts; nonpartisan election of magistrates; provide

25 LC 47 3367/AP House Bill 426 (AS PASSED HOUSE AND SENATE) By: Representatives New of the 40th, Efstration of the 104th, Burchett of the 176th, Smith of the 18th, Scoggins of the 14th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to1 magistrate courts, so as to provide for nonpartisan election of magistrates; to amend Chapter2 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries3 generally, so as to revise provisions related to nonpartisan elections of judges of the probate4 court and magistrates; to provide for related matters; to provi de for an effective date, a5 contingent effective date and automatic repeal; to repeal confl icting laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 10 of Title 15 of the Official Code of Georgia Annotate d, relating to magistrate10 courts, is amended in Code Section 15-10-20, relating to number , selection, term, filling11 vacancies, chief magistrate, and bonds, by revising subsection (c) as follows:12 "(c) Unless otherwise provided by local law, all magistrates ta king office on or after13 January 1, 1985, shall be selected as provided in this subsection. The chief magistrate shall14 be elected by the voters of the county at the general election next preceding the expiration15 of the term of the incumbent chief magistrate, in a partisan nonpartisan election in the same16 H. B. 426 - 1 - 25 LC 47 3367/AP manner as county judicial officers are elected, for a term beginning on the first day of17 January following his or her election. As of July 1, 2025, no local Act providing for18 partisan election of a chief magistrate or other magistrate shall be enacted or enforceable. 19 His or her successors shall likewise be elected quadrennially thereafter for terms beginning20 on the first day of January following their election. Magistra tes other than the chief21 magistrate shall be appointed by the chief magistrate with the consent of the judges of22 superior court. The term of a magistrate so appointed shall run concurrently with the term23 of the chief magistrate by whom he or she was appointed."24 SECTION 2.25 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and26 primaries generally, is amended by revising Code Section 21-2-138, relating to nonpartisan27 elections for judicial offices, as follows:28 "21-2-138.29 The names of all candidates who have qualified with the Secretary of State for the office30 of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court31 of this state and the names of all candidates who have qualifie d with the election32 superintendent for the office of judge of a state court, office of judge of a probate court,33 office of chief magistrate, or office of magistrate, when nonpa rtisan elections have been34 authorized by law for such county judicial office, shall be placed on the ballot in a35 nonpartisan election to be held and conducted jointly with the general primary in each36 even-numbered year. No candidates for any such office shall be nominated by a political37 party or by a petition as a candidate of a political body or as an independent candidate.38 Candidates for any such office shall have their names placed on the nonpartisan portion of39 each ballot by complying with the requirements prescribed in Co de Section 21-2-13240 specifically related to such nonpartisan candidates and by paying the requisite qualifying41 fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official42 H. B. 426 - 2 - 25 LC 47 3367/AP ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1,43 respectively. Except as otherwise specified in this chapter, the procedures to be employed44 in conducting the nonpartisan election of judges of probate cou rts, chief magistrates,45 magistrates, judges of state courts, judges of superior courts, Judges of t he Court of46 Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the47 procedures governing general elections; and such general electi on procedures as are48 necessary to complete this nonpartisan election process shall b e adopted in a manner49 consistent with such nonpartisan elections."50 SECTION 3.51 Said chapter is further amended in Code Section 21-2-139, relating to nonpartisan elections52 authorized and conduct, by revising subsection (a) as follows:53 "(a) Notwithstanding any other provisions of this chapter to th e contrary, the General54 Assembly may provide by local Act for the election in nonpartisan elections of candidates55 to fill county judicial offices of judges of probate courts , offices of local boards of56 education, and offices of consolidated governments which are fi lled by the vote of the57 electors of said county or political subdivision. Except as otherwise provided in this Code58 section, the procedures to be employed in such nonpartisan elec tions shall conform as59 nearly as practicable to the procedures governing nonpartisan elections as provided in this60 chapter. Except as otherwise provided in this Code section, th e election procedures61 established by any existing local law which provides for the no npartisan election of62 candidates to fill county offices shall conform to the general procedures governing63 nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be64 conducted in accordance with the applicable provisions of this chapter, notwithstanding the65 provisions of any existing local law. For those offices for wh ich the General Assembly,66 pursuant to this Code section, provided by local Act for election in nonpartisan primaries67 and elections, such offices shall no longer require nonpartisan primaries. Such officers68 H. B. 426 - 3 - 25 LC 47 3367/AP shall be elected in nonpartisan elections held and conducted in conjunction with the general69 primary in even-numbered years in accordance with this chapter without a prior70 nonpartisan primary. This Code section shall apply to all nonp artisan elections for71 members of consolidated governments. All nonpartisan elections for members of72 consolidated governments shall be governed by the provisions of this Code section and73 shall be considered county elections and not municipal elections for the purposes of this74 Code section. Nonpartisan elections for municipal offices shall be conducted on the dates75 provided in the municipal charter."76 SECTION 4.77 Said chapter is further amended in said Code section as effecti ve on January 1, 2027, by78 revising subsection (a) as follows:79 "(a) Notwithstanding any other provisions of this chapter to th e contrary, the General80 Assembly may provide by local Act for the election in nonpartisan elections of candidates81 to fill offices of judges of probate courts, offices of local boards of education, and offices82 of consolidated governments which are filled by the vote of the electors of said county or83 political subdivision. Except as otherwise provided in this Co de section, the procedures84 to be employed in such nonpartisan elections shall conform as nearly as practicable to the85 procedures governing nonpartisan elections as provided in this chapter. Except as86 otherwise provided in this Code section, the election procedures established by any existing87 local law which provides for the nonpartisan election of candid ates to fill county offices88 shall conform to the general procedures governing nonpartisan elections as provided in this89 chapter, and such nonpartisan elections shall be conducted in a ccordance with the90 applicable provisions of this chapter, notwithstanding the provisions of any existing local91 law. For those offices for which the General Assembly, pursuan t to this Code section,92 provided by local Act for election in nonpartisan primaries and elections, such offices shall93 no longer require nonpartisan primaries. Such officers shall b e elected in nonpartisan94 H. B. 426 - 4 - 25 LC 47 3367/AP elections held and conducted in conjunction with the general pr imary in even-numbered95 years in accordance with this chapter without a prior nonpartis an primary. This Code96 section shall apply to all nonpartisan elections for members of consolidated governments. 97 All nonpartisan elections for members of consolidated governments shall be governed by98 the provisions of this Code section and shall be considered cou nty elections and not99 municipal elections for the purposes of this Code section. Non partisan elections for100 municipal offices shall be conducted on the dates provided in the municipal charter."101 SECTION 5.102 (a) Except as provided for in subsection (b) of this section, this Act shall become effective103 on July 1, 2025.104 (b) Section 4 of this Act shall become effective on January 1, 2027, following the ratification105 of an amendment to the Constitution of Georgia providing that all judges of the probate court106 shall be elected in nonpartisan elections; provided, however, t hat to the extent this Act107 conflicts with law in effect at the time of ratification, this Act and such amendment shall108 control, and to the extent such law is not in conflict, the law in effect at the time of109 ratification shall control and shall remain in full force and effect. If such amendment is not110 so ratified, then this Act shall stand automatically repealed.111 SECTION 6.112 All laws and parts of laws in conflict with this Act are repealed.113 H. B. 426 - 5 -