HR 251: Local government; probate judges shall be elected in nonpartisan elections; provide - CA

Currently, Georgia's Constitution requires superior court and state court judges, as well as Supreme Court Justices and Court of Appeals judges, to be elected on a nonpartisan basis, but it does not set the same rule for probate judges, who currently may run with party labels in some counties. This resolution proposes a constitutional amendment that would add probate judges to the list of judges who must be elected without party affiliation. The resolution does not change probate judges' terms of office, which would still be set under a separate part of the Constitution (Article IX, Section I, Paragraph III). Because it is a constitutional amendment, it cannot take effect on its own. It must go to Georgia voters on a statewide ballot, worded as a yes or no question, and only becomes part of the Constitution if voters ratify it.

• Amends Article VI, Section VII, Paragraph I of the Georgia Constitution to add probate judges to the group of judges who must be elected on a nonpartisan basis.
• Leaves probate judges' terms of office governed by the existing rules in Article IX, Section I, Paragraph III rather than changing them.
• Requires the proposed amendment to be submitted to Georgia voters for ratification or rejection rather than taking effect automatically.
• Specifies the exact ballot question voters will see, asking whether all probate court judges should be elected in nonpartisan elections.

Sitting and future probate judges in Georgia's counties, candidates running for probate judge, political parties that currently nominate probate judge candidates, and Georgia voters, who would decide the outcome in a statewide ballot referendum.

If voters approve this amendment, probate judge elections statewide would drop party labels from the ballot, similar to how superior and state court judges are already elected. This would change how candidates campaign and how voters choose among them in every Georgia county.

• Section 1 revises Article VI, Section VII, Paragraph I(a) of the Constitution to add that all probate judges shall be elected on a nonpartisan basis.
• Section 1 ties probate judges' terms of office to the terms already set out in Article IX, Section I, Paragraph III, leaving those terms unchanged.
• Section 2 requires the amendment to be published and submitted to voters under the constitutional process in Article X, Section I, Paragraph II.
• Section 2 sets the specific ballot language voters will see, framed as a yes or no question on nonpartisan probate judge elections.
• Section 2 states the amendment becomes part of the Constitution only if ratified by voters as provided in that Paragraph.

1. 2026-05-12Effective Date 2026-07-01
2. 2026-05-12Act 638
3. 2026-05-12House Date Signed by Governor (House)
4. 2026-04-07House Sent to Governor (House)
5. 2026-03-31Senate Reconsidered Passed/Adopted (Senate)
6. 2026-03-20Senate Reconsidered (Senate)
7. 2026-03-19Senate Notice to Reconsider (Senate)
8. 2026-03-19Senate Lost (Senate)

• Kimberly New (R, HD-040)Primary sponsor
• Chuck Efstration (R, HD-104)
• James Burchett (R, HD-176)
• Tyler Smith (R, HD-018)
• Mitchell Scoggins (R, HD-014)
• Holt Persinger (R, HD-119)
• Brian Strickland (R, SD-042)

1. PassedHouse voteFebruary 11, 2026

   145 yea, 20 nay (4 not voting, 6 absent)

   Adopt: House Vote #504

2. PassedSenate voteMarch 19, 2026

   31 yea, 18 nay (2 not voting, 3 absent)

   Adoption Of Constitutional Amendment: Senate Vote #749

3. PassedSenate voteMarch 20, 2026

   32 yea, 5 nay (17 not voting, 0 absent)

   Motion For Reconsideration: Senate Vote #758

4. PassedSenate voteMarch 31, 2026

   46 yea, 0 nay (2 not voting, 6 absent)

   Adoption Of Constitutional Amendment: Senate Vote #877

• probate judges
• nonpartisan elections
• constitutional amendment
• Georgia courts
• ballot referendum