House · Passed · 2025-2026 Regular Session
HR 251: Local government; probate judges shall be elected in nonpartisan elections; provide - CA
Last action July 1, 2026 · Effective Date
A Georgia House resolution would ask voters to amend the state constitution so that all probate judges are elected in nonpartisan elections, matching the rules already used for superior and state court judges.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the resolution and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
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.
What the bill does
- 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.
Who it affects
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.
Why it matters
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.
Key provisions
- 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.
From the bill
“All probate judges shall be elected on a nonpartisan basis for terms as provided for in Article IX, Section I, Paragraph III.”
Discussed in meetings (18)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, January 27, 2026
From 0:39:42 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the resolution would let voters decide whether to amend the Georgia Constitution to require nonpartisan elections for all probate judges. The sponsor argued that partisan elections make it harder for judges to maintain impartiality and public confidence in an independent judiciary. According to the sponsor, 53 of Georgia’s approximately 1,600 judges still had to run in partisan elections. The sponsor described the resolution as the second part of a package following legislation on nonpartisan magistrate elections and reported support from the Council of Probate Court Judges, Council of Magistrate Court Judges, Judicial Council of Georgia and two former governors. A probate judge identified attending judges from counties with partisan and nonpartisan elections. Members asked no substantive questions. The committee approved the resolution by voice vote, with no opposition heard.
House Rules Committee, February 2, 2026
From 0:34:08 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HR 251 proposed a constitutional amendment requiring nonpartisan elections for all probate judges, subject to approval by Georgia voters. The sponsor cited support from councils representing probate and magistrate judges, a statewide judicial organization and two former governors. No questions or calendar action followed.
Senate floor session, February 4, 2026 (legislative day 12)
From 1:33:43 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: During the State of the Judiciary address, the Chief Justice urged passage of HR 251, describing it as a constitutional amendment ending partisan elections for probate judges. The Chief Justice said this would make all elected Georgia judges subject to nonpartisan elections and argued that requiring judges to formally align with a political party undermines public perceptions of impartiality. The Chief Justice also noted support from two former governors. No legislative vote on the resolution occurred in the transcript.
House floor session, February 4, 2026 (legislative day 12)
From 1:18:21 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: During the State of the Judiciary address, the chief justice urged lawmakers to pass HR 251, describing it as a constitutional amendment ending partisan elections for probate judges. The chief justice said this would complete the transition to nonpartisan elections for all elected Georgia judges and argued that requiring judges to align publicly with a political party undermines public perceptions of impartiality. The chief justice also noted support from two former governors. No vote or other action on the resolution was shown.
House Rules Committee, February 10, 2026
From 0:33:14 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 523
Summary by Georgia Commons: The committee placed HR 251 on the next day's calendar. The motion received a second, and no opposition was stated. No discussion of the resolution's contents was shown.
House floor session, February 11, 2026 (legislative day 17)
From 2:39:29 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 551
Summary by Georgia Commons: The sponsor said HR 251 would put a constitutional amendment before Georgia voters requiring all probate judges to be elected without party labels. The sponsor argued that partisan elections can undermine judicial impartiality and public confidence, and said 53 of Georgia's approximately 1,600 judges still run in partisan elections. The sponsor cited support from judicial councils and two former governors. Asked why some probate elections were already nonpartisan, the sponsor said local legislation had made those changes. Asked why remaining counties had not followed that route, the sponsor said judges sought a statewide change through their councils. Another member supported ending partisan elections despite a county's long history of electing a probate judge under one party label. One floor speaker argued that judicial independence protects the rule of law and criticized federal actions toward courts. A second supported the policy while criticizing what the member described as partisan gamesmanship in earlier local election changes. The House adopted the resolution, 147 to 20.
Senate Judiciary Committee, March 9, 2026
From 0:52:34 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HR 251 would ask Georgia voters to amend the constitution so all probate judges would be elected without party labels. The sponsor argued that this would support judicial independence and public confidence, and said 53 of Georgia's approximately 1,600 judges still ran in partisan elections. The sponsor cited support from judicial councils and two former governors. Asked why a statewide amendment was needed instead of local legislation, a probate judge representing the Council of Probate Court Judges said local acts currently allow the change but can also reverse it. The judge said a constitutional amendment would make the rule consistent and lasting. A Council of Magistrate Court Judges witness supported the proposal and said 42 council members also serve as probate judges. A Georgia Black Republican Council witness argued that voters should assess judges by qualifications rather than party and emphasized that voters would have the final decision. The committee unanimously approved the resolution.
Senate Rules Committee, March 12, 2026
From 0:08:35 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HR 251 would propose a constitutional amendment requiring nonpartisan elections for all probate judges, subject to voter approval. A committee member asked why other judges were not included. The sponsor said the remaining partisan judicial elections were for 53 probate judges out of more than 1,600 judges statewide. The chair explained that local legislation currently allows jurisdictions to choose nonpartisan elections and that the proposal would make the change statewide. No vote was taken.
Senate Rules Committee, March 16, 2026
From 0:15:05 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HR 251 would ask Georgia voters to approve a constitutional amendment requiring nonpartisan elections for all probate judges. The sponsor cited support from the Council of Probate Court Judges, Council of Magistrate Court Judges, Judicial Council of Georgia and two former governors. There were no questions or vote.
Senate Rules Committee, March 18, 2026
From 0:10:34 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HR 251 would ask voters in November to approve a constitutional amendment requiring nonpartisan elections for all probate judges. The sponsor cited support from the Council of Probate Court Judges, Council of Magistrate Court Judges, Judicial Council of Georgia and two former governors. Asked whether the change would apply statewide, the sponsor said yes. The committee later unanimously included the resolution in its ten-measure floor calendar.
Senate floor session, March 19, 2026 (legislative day 34)
From 2:24:58 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The sponsor said the proposed constitutional amendment would make all probate judge elections nonpartisan, affecting 53 judges still elected with party labels. The sponsor cited support from two former governors and the chief justice, arguing that removing labels would improve public confidence. Other supporters said judges should focus on cases rather than parties. The minority leader opposed advancing the measure without negotiations on minority-party priorities. Another opponent said judges can act impartially despite party labels and argued that nonpartisan elections could draw fewer voters. In closing, the sponsor disputed that opponent's example, saying the cited county's probate judge was already nonpartisan. Debate also expanded to minimum wages, data-center costs and disagreements over Senate procedures. Supporters accused opponents of blocking an otherwise bipartisan measure, while opponents defended using their votes to seek compromise. The resolution received 31 votes in favor and 18 against, short of the required two-thirds majority. The sponsor gave notice of seeking reconsideration the next day.
Senate floor session, March 20, 2026 (legislative day 35)
From 0:27:42 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Reconsidered)
Summary by Georgia Commons: A senator moved to reconsider the Senate's earlier failure to adopt HR 251. The clerk described a constitutional amendment providing for nonpartisan elections of probate judges. The motion to reconsider prevailed 32-5. The chair later called for the resolution, but the clerk instead read a different bill. The transcript does not show another vote on adopting the resolution.
Senate Rules Committee, March 30, 2026
From 1:32:00 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A member selected HR 251 for the floor calendar. No substantive explanation or debate followed. The committee unanimously approved the calendar containing it.
Senate floor session, March 31, 2026 (legislative day 39, part 1)
From 2:02:06 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Reconsidered Passed/Adopted)
Summary by Georgia Commons: The sponsor said HR 251 would let voters decide whether to amend the Constitution to make all probate judge elections nonpartisan. The sponsor said some probate judges were the state's last judges still running with party labels and argued that removing those labels would strengthen trust in courts. The sponsor noted that an earlier vote had fallen short of the required majority. No questions or opposing speeches followed. The Senate adopted the resolution 46-0, meeting the required two-thirds majority.
- Read aloud: House floor session, January 28, 2026 (legislative day 8), 0:48:59
- Read aloud: Senate floor session, February 12, 2026 (legislative day 18), 0:24:59
- Read aloud: Senate floor session, March 10, 2026 (legislative day 30), 0:24:14
- Read aloud: Senate floor session, March 12, 2026 (legislative day 31), 0:28:05
Status timeline
- Effective Date
- Act 638
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Reconsidered Passed/Adopted (Senate)
- Senate Reconsidered (Senate)
- Senate Notice to Reconsider (Senate)
- Senate Lost (Senate)
Show full history (20 actions)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Kimberly New (R, HD-40)
- 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)
- Brian Strickland (R, SD-42)
Votes
- House voteFebruary 11, 2026
147 yea, 20 nay (4 not voting, 6 excused)
- Senate voteMarch 19, 2026
31 yea, 18 nay (2 not voting, 3 excused)
- Senate voteMarch 20, 2026
32 yea, 5 nay (17 not voting, 0 excused)
- Senate voteMarch 31, 2026
46 yea, 0 nay (2 not voting, 6 excused)
Topics
- probate judges
- nonpartisan elections
- constitutional amendment
- Georgia courts
- ballot referendum