SB 363: Electors; restrictions of voting rights for judicially incompetent persons; provide

Georgia law currently bars two groups of people from registering, staying registered, or voting: those convicted of a felony involving moral turpitude (until their sentence is complete) and those judicially determined to be mentally incompetent (until that disability is removed). This bill amends O.C.G.A. § 21-2-216 to strike the felony-related restriction, leaving only the incompetency restriction in the law. The change would not take effect on its own. Section 2 ties it to a statewide constitutional amendment that would have to be ratified by Georgia voters at the November 2026 general election, specifically one removing the felony moral turpitude exception from the state constitution's voting rights language. If voters approve that amendment, this bill's change takes effect January 1, 2027. If they do not, the bill automatically repeals itself on that same date and never takes effect.

• Removes the current legal restriction that bars people convicted of a felony involving moral turpitude from registering, remaining registered, or voting until their sentence is complete.
• Keeps in place the existing restriction barring people judicially determined to be mentally incompetent from registering or voting unless that disability is removed.
• Makes the change contingent on Georgia voters ratifying a specific state constitutional amendment at the November 2026 general election.
• Automatically repeals the bill by operation of law on January 1, 2027 if the constitutional amendment is not ratified.

People convicted of felonies involving moral turpitude who are currently barred from voting until sentence completion, people judicially found mentally incompetent, Georgia election officials who administer voter registration lists, and all Georgia voters who would decide the related constitutional amendment in November 2026.

If the linked constitutional amendment passes, people with felony convictions involving moral turpitude could regain voting rights sooner than under current law, changing who is eligible to register and vote in Georgia. If the amendment fails, nothing in Georgia law changes and this bill disappears.

• Section 1 revises subsection (b) of O.C.G.A. § 21-2-216 by deleting the language barring felons convicted of crimes involving moral turpitude from voting until sentence completion, while keeping the mental incompetency restriction.
• Section 2 sets a conditional effective date of January 1, 2027, contingent on voter ratification of a specific constitutional amendment at the November 2026 general election.
• Section 2 also provides for automatic repeal of the Act by operation of law on January 1, 2027 if that constitutional amendment is not ratified.
• Section 3 repeals all laws and parts of laws in conflict with the Act.

1. 2025-03-28Senate Read and Referred (Senado)
2. 2025-03-27Senate Hopper (Senado)

• Josh McLaurin (D, SD-014)Patrocinador principal

• voting rights
• felon voting rights
• election law
• constitutional amendment
• voter registration