HB 426: Courts; nonpartisan election of magistrates; provide

Currently, chief magistrates in Georgia counties are chosen in partisan elections unless a local law says otherwise. This bill amends Georgia's magistrate court law (O.C.G.A. § 15-10-20) so that chief magistrates are elected in nonpartisan elections, the same way other county judicial officers are chosen. Starting July 1, 2025, no 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 add probate judges, chief magistrates, and magistrates to the list of offices that use nonpartisan election procedures where such elections are authorized. A separate provision, Section 4, would take effect January 1, 2027 only if Georgia voters ratify a constitutional amendment requiring all probate judges to be elected nonpartisan; if voters do not ratify it, that section is automatically repealed.

• Changes chief magistrate elections from partisan to nonpartisan, matching how other county judicial officers are elected.
• Bans any local law from creating or enforcing partisan elections for chief magistrates or other magistrates starting July 1, 2025.
• Adds probate court judges, chief magistrates, and magistrates to the state's nonpartisan election procedures in O.C.G.A. § 21-2-138.
• Revises O.C.G.A. § 21-2-139 to let the General Assembly authorize nonpartisan election of probate judges by local Act, effective now.
• Includes a second version of that same section, effective January 1, 2027, that removes probate judges from the local-Act nonpartisan option, but only if a related state constitutional amendment is ratified by voters.
• Automatically repeals the 2027 provision if the constitutional amendment on nonpartisan probate judge elections is not ratified.

County chief magistrates and magistrates across Georgia, probate court judges, county election superintendents who run these elections, political parties that currently nominate magistrate candidates, and voters in counties that elect these judicial officers.

Voters would no longer see party labels next to candidates for chief magistrate, and counties would lose the option to keep partisan magistrate races through local law. Whether probate judge elections also become uniformly nonpartisan depends on a separate statewide vote on a constitutional amendment.

• Section 1 revises O.C.G.A. § 15-10-20 to make chief magistrate elections nonpartisan and bars local laws from authorizing partisan magistrate elections after July 1, 2025.
• Section 2 revises O.C.G.A. § 21-2-138 to include probate judges, chief magistrates, and magistrates among offices using the state's nonpartisan election procedures where authorized.
• Section 3 revises O.C.G.A. § 21-2-139(a) to let the General Assembly authorize nonpartisan election of probate judges by local Act.
• Section 4 creates a second version of § 21-2-139(a), effective January 1, 2027, removing the local-Act option for probate judges, contingent on ratification of a constitutional amendment.
• Section 5 sets the general effective date as July 1, 2025, and makes Section 4 effective January 1, 2027 only if voters ratify the related constitutional amendment; otherwise the Act is automatically repealed.
• Section 6 repeals conflicting laws.

1. 2025-07-01Effective Date
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-40)Primary sponsor
• Chuck Efstration (R, HD-104)
• James Burchett (R, HD-176)
• Tyler Paul Smith (R, HD-18)
• Mitchell Scoggins (R, HD-14)
• Holt Persinger (R, HD-119)
• Rick Williams (R, SD-25)

1. PassedHouse voteMarch 4, 2025

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

   PASSAGE: House Vote #180

2. PassedSenate voteMarch 21, 2025

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

   MOTION TO ENGROSS: HB 266, HB 426: Senate Vote #266

3. PassedSenate voteMarch 21, 2025

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

   PASSAGE: Senate Vote #271

• magistrate courts
• nonpartisan elections
• probate court
• judicial elections
• election law