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Constitution of the State of Georgia

Article V. EXECUTIVE BRANCH · Article V. EXECUTIVE BRANCH · Section I. ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR

Art. V, Sec. I, Para. IV. Qualifications of Governor and Lieutenant Governor.

Active

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

  1. No person shall be eligible for election to the office of Governor or Lieutenant Governor unless such person shall have been a citizen of the United States 15 years and a legal resident of the state six years immediately preceding the election and shall have attained the age of 30 years by the date of assuming office.

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

Other disabilities to holding office, Ga. Const. 1983, Art. II, Sec. II, Para. III, Ga. Const. 1983, Art. III, Sec. II, Para. IV, and §§ 16-10-9, 21-2-7, 21-2-8, 45-2-1 et seq., and 45-5-2. Eligibility for single elective office only, § 21-2-136.

Other notes

1976 Constitution.
Art. V, Sec. I, Para. VII.
Maturity requirement not a violation of equal protection clause.
In light of the fact that the Lieutenant Governor may be called upon to exercise the powers of the office of Governor, a similar maturity requirement for the Lieutenant Governor is eminently reasonable, and the mere fact that other state officers, such as the Attorney General, may serve upon reaching 25, does not render the instant age requirement a violation of the equal protection clause (U.S. Const., amend. 14). Traylor v. Democratic Party, 241 Ga. 429, 246 S.E.2d 192 (1978).
Maturity requirement not a violation of right of association.
The fact that a candidate under 30 may not run for Lieutenant Governor does not deny the first amendment right of association to those voters who might wish to ‘‘associate’’ with such a candidate by voting for that candidate. Traylor v. Democratic Party, 241 Ga. 429, 246 S.E.2d 192 (1978). Function of Lieutenant Governor in event of vacancy in office of Gover-
nor.
The Lieutenant Governor does not succeed to the office of Governor in the event of a vacancy, rather the executive power devolves upon the Lieutenant Governor so that the government can continue to function until a Governor is chosen by the people as provided by law. Henderson v. Maddox, 227 Ga. 195, 179 S.E.2d 770 (1971).
Am. Jur. 2d.
38 Am. Jur. 2d, Governor, § 2.
ALR.
Time as of which eligibility or ineligibility to office is to be determined, 88 ALR 812; 143 ALR 1026. 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. Validity of age requirement for state public office, 90 ALR3d 900.

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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, page 966; merge action: carried; file SHA-256 1b27199d8655.

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Constitution of the State of Georgia, Art. V, Sec. I, Para. IV. Qualifications of Governor and Lieutenant Governor. | Georgia Commons