SB363: SB363 Electors; restrictions of voting rights for judicially incompetent persons; provide

Georgia law (O.C.G.A. § 21-2-216) currently bars two groups from registering or voting: people convicted of a felony involving moral turpitude who haven't completed their sentence, and people a court has judicially determined to be mentally incompetent, unless that incompetence finding is removed. This bill rewrites subsection (b) of that law, restating both restrictions in updated language, with particular attention to the rule for judicially incompetent persons. The catch is timing. The bill would only take effect on January 1, 2027, and only if Georgia voters ratify a constitutional amendment at the November 2026 general election that removes a felony conviction as a separate constitutional bar to voting. If that constitutional amendment fails, this bill never takes effect and is automatically repealed on January 1, 2027.

• Rewrites subsection (b) of Georgia's voter qualification law (O.C.G.A. § 21-2-216) to restate the rules on who cannot register or vote.
• Keeps in place the rule that a person judicially determined to be mentally incompetent cannot register, stay registered, or vote unless that incompetence finding is later removed.
• Keeps in place the existing rule barring people convicted of a felony involving moral turpitude from voting until their sentence is completed.
• Makes the entire bill's effectiveness conditional on voters approving a specific constitutional amendment about felony voting rights at the November 2026 election.
• Automatically repeals the bill by operation of law on January 1, 2027 if that constitutional amendment does not pass.

The bill affects Georgia voters and prospective voters, specifically people who have been convicted of a felony involving moral turpitude and people who have been judicially declared mentally incompetent. It also affects county election officials who process voter registrations and check eligibility.

Whether this bill ever takes effect depends entirely on a separate statewide vote in November 2026 on removing felony convictions from the state constitution's voting restrictions. Georgians with felony convictions or judicial findings of incompetence would only see this specific statute change if that constitutional measure passes.

• Section 1 amends O.C.G.A. § 21-2-216(b) to restate that convicted felons cannot vote until their sentence is complete and that judicially incompetent persons cannot vote unless the incompetence finding is removed.
• Section 2 makes the entire Act effective January 1, 2027 only if a constitutional amendment removing the felony voting exception is ratified in November 2026.
• Section 2 also provides that if the constitutional amendment fails, the Act automatically repeals itself by operation of law on January 1, 2027.
• Section 3 repeals any conflicting laws.

1. 2025-03-28Senate Read and Referred (Senate)
2. 2025-03-27Senate Hopper (Senate)

• Josh McLaurin (D, SD-014)Primary sponsor

• voting rights
• election law
• felony disenfranchisement
• mental competency
• constitutional amendment