HB1590: HB1590 Telfair County; county officers; ineligible to hold office under certain conditions; repeal amendment

Since 1963, a special amendment to the Georgia Constitution has made Telfair County's county officers ineligible to hold office under certain term-limit conditions. This bill would repeal that amendment, effectively removing term limits for the sheriff, clerk of superior court, probate judge, tax commissioner, magistrate judge, and coroner in Telfair County. The repeal would not take effect automatically. Telfair County's election superintendent must hold a referendum during the 2026 general election asking voters whether to approve the repeal. If a majority votes yes, the repeal becomes effective immediately. If voters reject it or the election is not held, the repeal never takes effect and this Act automatically expires 365 days after the election date. The bill also clarifies that term limits for the Telfair County Board of Commissioners, set under a separate 2003 law, are not affected.

• Repeals the 1963 constitutional amendment (continued in 1986) that made certain Telfair County officers ineligible to hold office after serving certain terms.
• Requires Telfair County's election superintendent to hold a yes/no referendum during the 2026 general election on whether to approve the repeal.
• Makes the repeal effective immediately only if a majority of voters approve it in that referendum.
• Automatically repeals this Act itself 365 days after the election if voters reject the repeal or no election is held.
• Allows any Telfair County voter to seek a court order (writ of mandamus) forcing the election superintendent to hold the vote if they fail to do so.
• Preserves separate term limits for the Telfair County Board of Commissioners under a 2003 law, unaffected by this repeal.

Telfair County's sheriff, clerk of superior court, probate court judge, tax commissioner, magistrate judge, and coroner, all of whom would no longer face the old term-limit restriction if voters approve. Telfair County voters, who must decide the issue at the polls, and the county's election superintendent, who must run the referendum.

If approved by voters, current or future officeholders in these six Telfair County positions could serve without the term restriction that has applied since the 1960s, potentially allowing longer tenures. If voters reject it, the existing term-limit rule stays in place and this bill expires.

• Section 1 repeals the constitutional amendment from 1963 House Resolution No. 102-230 (Ga. L. 1963, p. 705), continued in 1986, that limited eligibility for Telfair County officers.
• Section 2 requires a referendum during the 2026 general election, with the ballot question read aloud, and sets rules for publication, cost, certification, and mandamus enforcement if the superintendent does not comply.
• Section 2 also specifies that if voters reject the repeal or the election is not held, the entire Act is automatically repealed 365 days after the election date.
• Section 3 states the General Assembly's intent that the repeal applies to the sheriff, clerk of superior court, probate judge, tax commissioner, magistrate judge, and coroner, but not to county commissioners.
• Section 3 notes that Telfair County Board of Commissioners members remain subject to separate term limits under a 2003 law (Ga. L. 2003, p. 3992), as amended.
• Section 4 repeals all conflicting laws.

1. 2026-03-25House Second Readers (House)
2. 2026-03-23House First Readers (House)
3. 2026-03-20House Hopper (House)

• Danny Mathis (R, HD-133)Primary sponsor

• Telfair County
• term limits
• local referendum
• county officers
• election law