---
title: Ga. Const. Art. III, Sec. IV, Para. VII. Election and returns; disorderly conduct.
collection: code
id: ga-const:art-iii-sec-iv-para-vii
cite_as: Ga. Const. Art. III, Sec. IV, Para. VII
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date: 2016
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---

# Ga. Const. Art. III, Sec. IV, Para. VII. Election and returns; disorderly conduct.

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.

Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the members of the house to which such member belongs.

## Cross References

Vacating an office by majority vote for failure to organize emergency session, § 28-1-7. Ethics and Efficiency in Government Act, see Ch. 11, T. 28. Code of ethics for government service, § 45-10-1.

## Law Reviews

For article, ‘‘Georgia’s New Ethics Laws: A Summary of the Changes Relevant to Lobbyists and Legislators,’’ see 11 Ga. St. B.J. 22 (No. 4, 2005).

## 1976 Constitution.

Art. III, Sec. V, Para. X.

## Has Exclusive Jurisdiction to deter-This Paragraph and House Rule Emto Hold Assembly Member Ineligible.

— Under this paragraph, a judge of the superior court did not have jurisdiction to hold, in quo warranto proceedings, that a member of the General Assembly who had been elected to that position and who had been sworn in as a member, was ineligible or disqualified for membership in that body; and the demurrer (now motion to dismiss) raising the contention that the court was without jurisdiction should have been sustained. Rainey v. Taylor, 166 Ga. 476, 143 S.E. 383 (1928).

Trial court without jurisdiction to hear equitable action to determine

## Election.

The State Senate being vested by this paragraph with exclusive power to adjudge the qualifications of its own members, a trial court has no jurisdiction to entertain equitable action to determine which of two candidates was elected and properly sustained general demurrers (now motions to dismiss) to the petition. Beatty v. Myrick, 218 Ga. 629, 129 S.E.2d 764 (1963).

Cited in State Hwy. Dep’t v. Hicks, 115 Ga. App. 703, 155 S.E.2d 689 (1967); DeFee v. Kaley, 119 Ga. App. 538, 167 S.E.2d 758 (1969).

## Judge of Superior Court Lacks Jurishold General Assembly Seat.

A solicitor of city court is eligible under Ga. Const. 1945, Art. III, Sec. VII, Para. I (see now Ga. Const. 1983, Art. III, Sec. II, Para. IV) to hold a seat in either house of the General Assembly, subject to exceptions as to emolument from the state, and the provisions of this paragraph, and the other qualifications necessary to hold public office in this state. 1950-51 Op. Att’y Gen. p. 16.

## Am. Jur. 2d.

72 Am. Jur. 2d, States, Territories, and Dependencies, § 57 et seq.

## C.j.s.

81A C.J.S., States, §§ 94 et seq., 171 et seq.

## Alr.

Jurisdiction of courts to determine election or qualifications of member of legislative body, and conclusiveness of its decision, as affected by constitutional or statutory provision making legislative body the judge of election and qualification of its own members, 107 ALR 205.