HB 1091: Brantley County; nonbinding advisory referendum for the purpose of ascertaining whether the electors support a perimeter highway bypass around Waycross; provide

This bill sets up a nonbinding advisory referendum, essentially a formal public opinion poll conducted through the election system, for voters in Brantley County. The question asks whether they support building a perimeter highway bypass around the city of Waycross. The county's election superintendent would have to schedule the vote for the same day as the 2026 general primary, advertise the referendum for two weeks beforehand, and report the results to Georgia's Secretary of State. Brantley County would pay the costs of holding the vote. Because the referendum is advisory only, the result would not force any highway project to be built or blocked; it simply measures voter sentiment. The bill also allows any Brantley County voter to sue for a court order (a writ of mandamus) if the election superintendent fails to hold the vote as required.

• Creates a nonbinding advisory referendum in Brantley County asking voters if they support a perimeter highway bypass around Waycross.
• Schedules the referendum vote to coincide with the 2026 general primary election.
• Requires the election superintendent to publish notice of the referendum once a week for two weeks before the vote.
• Requires Brantley County to pay the costs of holding the referendum and requires the superintendent to certify results to the Secretary of State.
• Allows any Brantley County voter to seek a court order forcing the election superintendent to comply if they fail to hold the referendum as required.

Registered voters in Brantley County, who would see this question on their 2026 general primary ballot; the Brantley County election superintendent, who must organize and pay for the vote; and the Georgia Secretary of State's office, which receives the certified results.

The vote itself would not authorize or block a highway bypass; it only gauges public opinion. But the outcome could influence future decisions by state or local transportation officials about whether to pursue a bypass around Waycross, and Brantley County taxpayers would cover the cost of holding the election.

• Section 1 states the legislature's finding that holding the referendum serves a public purpose and is an essential governmental function justifying use of public funds.
• Section 2 directs the Brantley County election superintendent to call and conduct the referendum on the date of the 2026 general primary.
• Section 2 specifies the exact ballot language voters will see, asking a yes or no question about supporting the bypass.
• Section 2 makes the county responsible for election costs and requires certification of results to the Secretary of State.
• Section 2 makes compliance mandatory and allows a court to order the superintendent to hold the election, either on the required date or the next special election date under O.C.G.A. § 21-2-540, if they fail to comply.
• Section 3 repeals any conflicting laws.

1. 2026-02-03House Second Readers (House)
2. 2026-02-02House First Readers (House)
3. 2026-01-29House Hopper (House)

• John Corbett (R, HD-174)Primary sponsor

• Brantley County
• highway bypass
• Waycross
• local referendum
• election law