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Constitution of the State of Georgia

Article III. LEGISLATIVE BRANCH · Article III. LEGISLATIVE BRANCH · Section II. COMPOSITION OF GENERAL ASSEMBLY

Art. III, Sec. II, Para. III. Qualifications of members of General Assembly.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

  1. (a)

    At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least 25 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.#

  2. (b)

    At the time of their election, the members of the House of Representatives shall be citizens of the United States, shall be at least 21 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Cross references

Disqualifications for office, Ga. Const. 1983, Art. II, Sec. II, Para. III; and Ga. Const. 1983, Art. III, Sec. II, Para. IV. Persons ineligible to hold public office or act as election officials, § 21-2-8. Eligibility requirements of candidates, §§ 21-2-132, 21-2-153. Restriction on number of offices for which an individual may be nominated or be a candidate at any one election, § 21-2-136. Qualifications for Representatives, § 28-2-1. Qualifications for Senators, § 28-2-2.

Other notes

1976 Constitution.
Art. III, Sec. II, Para. II; Art. III, Sec. III, Para. II.
inclusive.
There is nothing in the Georgia Constitution which limits qualifications of a legislator to those expressed herein. These qualifications and disqualifications of legislators are not all inclusive. Bond v. Floyd, 251 F. Supp. 333 (N.D. Ga.), rev’d on other grounds, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966).
Candidate on ballot in special con-Residency requirement for repreimmediately preceding election.
The requirement in Ga. Const. 1983, Art. III, Sec. II, Para. III(b) that at the time of their election, the members of the House of Representatives shall have been legal residents of the territory embraced within the district from which elected for at least one year means for at least one year immediately preceding the election. 1989 Op. Att’y Gen. 89-31. One-year residency requirement for Representatives must be met by date of election. 1981 Op. Att’y Gen. No. U81-28.
Waiver of durational residency requirement.
There is no authority that would permit the waiver of the Constitution’s durational residency requirement. 2001 Op. Att’y Gen. No. U2001-3. Areas previously included in the
district.
Residency requirement for Representatives applies to candidate moving into district from area previously, but no longer, included in district. 1981 Op. Att’y Gen. No. U81-28. Reapportionment does not alter
residency requirement.
Nothing in this paragraph provides an exception to the one-year residency requirement for Representatives due to reapportionment of the district. 1981 Op. Att’y Gen. No. U81-28.
Am. Jur. 2d.
72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 38 et seq., 57 et seq.
ALR.
Nonregistration as affecting one’s qualification to hold public office, 128 ALR 1117. Validity of requirement that candidate or public officer have been resident of governmental unit for specified period, 65 ALR3d 1048.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, pages 810 to 811; merge action: carried; file SHA-256 1b27199d8655.