The House Committee on Education offers the following substitute to HR 174:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for appointment of the state
school superintendent by the State Board of Education effective not later than
January 1, 2031, and other matters relative to the foregoing changes; to provide for the
election of members of the State Board of Education for four-year terms by the members of
the House of Representatives and Senate whose respective districts are embraced or partly
embraced by each congressional district of this state; to provide for submission of this
amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article II, Section III, Paragraph I of the Constitution is amended by revising
subparagraphs (a) and (b) as follows:
"Paragraph I. Procedures for and effect of suspending or removing public officials
upon felony indictment. (a) As used in this Paragraph, the term 'public official' means the
Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State
School Superintendent <ins>elected for such office in 2026,</ins> the Commissioner of Insurance, the
Commissioner of Agriculture, the Commissioner of Labor, and any member of the General
Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States,
which felony indictment relates to the performance or activities of the office of any public
official, the Attorney General or district attorney shall transmit a certified copy of the
indictment to the Governor or, if the indicted public official is the Governor, to the
Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a
review commission. If the indicted public official is the Governor, the commission shall
be composed of the Attorney General, the Secretary of State, the State School
Superintendent <ins>elected for such office in 2026,</ins> the Commissioner of Insurance, the
Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public
official is the Attorney General, the commission shall be composed of three other public
officials who are not members of the General Assembly. If the indicted public official is
not the Governor, the Attorney General, or a member of the General Assembly, the
commission shall be composed of the Attorney General and two other public officials who
are not members of the General Assembly. If the indicted public official is a member of
the General Assembly, the commission shall be composed of the Attorney General and one
member of the Senate and one member of the House of Representatives. If the Attorney
General brings the indictment against the public official, the Attorney General shall not
serve on the commission. In place of the Attorney General, the Governor shall appoint a
retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall
provide for a speedy hearing, including notice of the nature and cause of the hearing,
process for obtaining witnesses, and the assistance of counsel. Unless a longer period of
time is granted by the appointing authority, the commission shall make a written report
within 14 days. If the commission determines that the indictment relates to and adversely
affects the administration of the office of the indicted public official and that the rights and
interests of the public are adversely affected thereby, the Governor or, if the Governor is
the indicted public official, the Lieutenant Governor shall suspend the public official
immediately and without further action pending the final disposition of the case or until the
expiration of the officer's term of office, whichever occurs first. During the term of office
to which such officer was elected and in which the indictment occurred, if a nolle prosequi
is entered, if the public official is acquitted, or if after conviction the conviction is later
overturned as a result of any direct appeal or application for a writ of certiorari, the officer
shall be immediately reinstated to the office from which he <ins>or she</ins> was suspended. While
a public official is suspended under this Paragraph, the officer shall not be entitled to
receive the compensation from his or her office. If the officer is reinstated to office, he or
she shall be entitled to receive any compensation withheld under the provisions of this
Paragraph."
SECTION 2.
Article V, Section II, Paragraph VIII of the Constitution is amended by revising
subparagraph (b) as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast
in an election for the office of Secretary of State, Attorney General, <del>State School
Superintendent,</del> Commissioner of Insurance, Commissioner of Agriculture, or
Commissioner of Labor, the Governor elected at the same election, upon becoming
Governor, shall have the power to fill such office by appointing, subject to the confirmation
of the Senate, an individual to serve until the next general election and until a successor for
the balance of the unexpired term shall have been elected and qualified."
SECTION 3.
Article V, Section III of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney
General, <del>State School Superintendent,</del> Commissioner of Insurance, Commissioner of
Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the
election of members of the General Assembly and the electors shall be the same. Such
executive officers shall be elected at the same time and hold their offices for the same term
as the Governor."
SECTION 4.
Article V, Section III, Paragraph II of the Constitution is amended by revising
subparagraph (a) as follows:
"Paragraph II. Qualifications. (a) No person shall be eligible to the office of the
Secretary of State, Attorney General, <del>State School Superintendent,</del> Commissioner of
Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person
shall have been a citizen of the United States for ten years and a legal resident of the state
for four years immediately preceding election or appointment and shall have attained the
age of 25 years by the date of assuming office. All of said officers shall take such oath and
give bond and security, as prescribed by law, for the faithful discharge of their duties."
SECTION 5.
Article V, Section IV of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this
section, the term 'elected constitutional executive officer' means the Governor, the
Lieutenant Governor, the Secretary of State, the Attorney General, the State School
Superintendent <ins>elected for such office in 2026,</ins> the Commissioner of Insurance, the
Commissioner of Agriculture, and the Commissioner of Labor."
SECTION 6.
Article VIII, Section II, Paragraph I of the Constitution is amended by revising
subparagraph (a) as follows:
"Paragraph I. State Board of Education. (a) There shall be a State Board of Education
which shall consist of one member from each congressional district in the state appointed
by the Governor and confirmed by the Senate. <ins>The member of the board from each
congressional district shall be elected by a majority vote of the members of the House of
Representatives and Senate whose respective districts are embraced or partly embraced
within such congressional district meeting in caucus. The members of the board in office
on December 31, 2026, shall serve out the remainder of their respective terms. The
General Assembly shall provide by law the procedure for the election of members and for
filling vacancies on the board. Members shall serve for terms of four years and until their
successors are elected and qualified.</ins> <del>The Governor shall not be a member of said board.
The ten members in office on June 30, 1983, shall serve out the remainder of their
respective terms. As each term of office expires, the Governor shall appoint a successor
as herein provided. The terms of office of all members appointed after the effective date
of this Constitution shall be for seven years. Members shall serve until their successors are
appointed and qualified. In the event of a vacancy on the board by death, resignation,
removal, or any reason other than expiration of a member's term, the Governor shall fill
such vacancy; and the person so appointed shall serve until confirmed by the Senate and,
upon confirmation, shall serve for the unexpired term of office."
</del> SECTION 7.
Article VIII, Section III of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. State <del>School Superintendent</del> <ins>school superintendent.</ins> There shall be a
<del>State School Superintendent</del> <ins>state school superintendent,</ins> who shall be the executive officer
of the State Board of Education, <del>elected at the same time and in the same manner and for
the same term as that of the Governor.</del> <ins>The person elected as state school superintendent
in 2026 shall be elected at the same time and in the same manner and for the same term as
that of the Governor and shall serve for the term to which such person was elected or until
his or her withdrawal, resignation, or removal from office. Effective upon the earlier of
January 1, 2031, or the death or withdrawal, resignation, or removal from office of the
</ins>
<ins>person elected as state school superintendent in 2026, the state school superintendent shall
be appointed by the State Board of Education. The person appointed by the State Board
of Education to serve as state school superintendent shall be employed by the State Board
of Education as provided by general law.</ins> The <del>State School Superintendent</del> <ins>state school
superintendent</ins> shall have such qualifications and shall be paid such compensation as may
be fixed by law. No member of the State Board of Education shall be eligible for election
<ins>or appointment</ins> as <del>State School Superintendent</del> <ins>state school superintendent</ins> during <del>the time
for which</del> such <del>member shall have been appointed</del> <ins>member's term of office."
</ins> SECTION 8.
The above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide for appointment of the
state school superintendent by the State Board of Education effective no later
( ) NO than January 1, 2031, and to provide for the election of members to the State
Board of Education for four-year terms by members of the House of
Representatives and Senate for each congressional district?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
become a part of the Constitution of this state.