HB1450: HB1450 State militia; oversight of any deployment of the National Guard by the Governor; provide

Currently the Governor has broad authority to order the Georgia National Guard into state active duty during emergencies like riots, disasters, or insurrections, with few reporting requirements. This bill adds new checks on that power. It requires the Governor to notify top legislative leaders and the Attorney General within 48 hours of a state deployment, or within seven days of a federal mobilization, and to detail the legal basis, cost, and scope of the mission. The bill also caps most deployments at 14 days unless the General Assembly approves a longer one by joint resolution, limits the Guard's role in counterdrug operations to a support function, bars using the Guard to interfere with voting rights, and restricts sending Guard members into active combat abroad without a congressional declaration of war. It requires an annual report from the adjutant general on deployments, readiness, and funding needs, while preserving the Governor's authority to act immediately to save lives or respond to a declared national emergency.

• Requires the Governor to notify the Speaker of the House, Senate President, and Attorney General within 48 hours of ordering state active duty, including legal authority, cost, and mission details.
• Requires notification within seven days of any federal mobilization of the Georgia National Guard, including an assessment of the impact on state emergency readiness.
• Caps most National Guard deployments at 14 consecutive days unless the General Assembly approves an extension by joint resolution passed by both chambers.
• Limits the National Guard's role in counterdrug operations to supporting law enforcement, barring Guard members from conducting searches, seizures, or arrests unless expressly authorized.
• Prohibits the Governor from deploying the National Guard to intimidate, threaten, or coerce anyone regarding their right to vote.
• Restricts sending Guard members into active combat abroad unless Congress has formally declared war or taken specific constitutional action.

The Governor and the adjutant general, who gain new reporting duties; members of the Georgia National Guard, whose deployments face new time limits and combat restrictions; and the Speaker of the House, Senate President, Attorney General, and relevant legislative committees, who receive new notification and briefing rights.

If enacted, the Governor could no longer deploy the National Guard for extended periods, certain drug enforcement roles, or combat missions without informing or in some cases getting approval from legislative leaders, changing how much unilateral control the Governor has over the state's military forces.

• Section 1 lists legislative findings citing the U.S. Constitution's war powers, militia, and Tenth Amendment provisions as the basis for the bill.
• Section 2 revises O.C.G.A. § 38-2-6, restructuring the Governor's existing power to order the militia into active state service during emergencies.
• Section 3 creates new O.C.G.A. § 38-2-6.2, requiring 48-hour or seven-day notifications, briefings before deployments of 100 or more Guard members, a 14-day deployment cap absent legislative approval, combat and counterdrug restrictions, a voting-interference ban, and an annual report due January 31.
• Section 3(d) requires that any extension beyond 14 days or beyond the anticipated duration first reported be approved by a joint resolution of both chambers, or the deployment must be terminated.
• Section 3(i) preserves the Governor's authority to deploy the Guard for immediate life-saving purposes or as required during a declared national emergency.
• Sections 4 through 8 amend related Code sections (O.C.G.A. §§ 38-2-10, 38-2-11, 38-2-25, 38-2-90, 38-2-91) to make them subject to the new oversight rules in Code Section 38-2-6.2.
• Section 9 repeals conflicting laws.

1. 2026-02-26House Second Readers (House)
2. 2026-02-25House First Readers (House)
3. 2026-02-24House Hopper (House)

• Derrick Jackson (D, HD-068)Primary sponsor
• Teddy Reese (D, HD-140)
• Billy Mitchell (D, HD-088)
• Eric Bell (D, HD-075)
• Sandra Scott (D, HD-076)
• Viola Davis (D, HD-087)

• National Guard
• state militia oversight
• emergency powers
• governor's authority
• military deployment