28-2-2. Apportionment and qualifications for the Senate.

Code 1981, § 28-2-2, enacted by Ga. L. 2011, Ex. Sess., p. 139, § 3/SB 1EX.

This Code section formerly pertained to apportionment and qualifications for the Senate. The former Code section was based on Ga. L. 1906, p. 80, § 1; Civil Code 1910, § 334; Ga. L. 1918, p. 84, §§ 1-4; Code 1933, § 47-102; Ga. L. 1945, p. 1042, §§ 1, 2; Ga. L. 1946, p. 42, § 1; Ga. L. 1962, Ex. Sess., p. 7, § 9; Ga. L. 1964, p. 127, § 2; Ga. L. 1964, p. 691, §§ 1, 2; Ga. L. 1966, p. 245, §§ 1, 2; Ga. L. 1966, p. 561, § 1; Ga. L. 1967, p. 159, § 1; Ga. L. 1968, p. 36, § 1; Ga. L. 1968, p. 560, § 1; Ga. L. 1970, p. 557, § 1; Ga. L. 1971, Ex. Sess., p. 69, § 1; Ga. L. 1972, p. 237, § 2; Ga. L. 1974, p. 1233, § 1; Ga. L. 1981, Ex. Sess., p. 103, § 1; Ga. L. 1982, p. 444, §§ 1, 2; Ga. L. 1984, p. 394, § 1; Ga. L. 1988, p. 1465, § 1; Ga. L. 1991, Ex. Sess., p. 124, § 1; Ga. L. 1992, p. 59, § 1; Ga. L. 1992, p. 693, § 1; Ga. L. 1993, p. 863, § 2; Ga. L. 1994, p. 174, § 2; Ga. L. 1995, Ex. Sess., p. 6, §§ 1-3; Ga. L. 1997, p. 163, §§ 1-3; Ga. L. 1998, p. 21, § 1; Ga. L. 1999, p. 42, § 1; Ga. L. 2000, p. 1676, § 1; Ga. L. 2001, Ex. Sess., p. 2, §§ 1, 2; Ga. L. 2006, p. 23, § 1/SB 386 and was repealed by Ga. L. 2011, Ex. Sess., p. 139, § 3/SB 1EX, effective August 24, 2011. Ga. L. 2011, Ex. Sess., p. 139, § 1/SB 1EX, not codified by the General Assembly, provides: ‘‘This Act shall be known and may be cited as the ‘Georgia Senate Reapportionment Act of 2011.’’’ Ga. L. 2011, Ex. Sess., p. 139, § 2/SB 1EX, as amended by Ga. L. 2012, p. 62, § 1/SB 430 and Ga. L. 2015, p. 1413, § 1/HB 566 and the attachment thereto identified as ‘‘Plan Name: Senprop1 Plan Type: Senate Administrator: S028 User: Gina’’, not codified by the General Assembly, contains the description of the state senate districts and related definitions, effectiveness, and applicability provisions. Ga. L. 2011, Ex. Sess., p. 139, § 4/SB 1EX, not codified by the General Assembly, provides that: ‘‘The apportionment of the Senate and the description of Senate Districts 1 through 56 provided for pursuant to this Act shall supersede and replace the apportionment of the Senate and the description of Senate districts provided for pursuant to the 2004 interim Senate apportionment plan of the Special Master adopted by the United States District Court for the Northern District of Georgia in Larios v. Cox, 314 F. Sup. 2d 1357 (N.D. Ga. 2004), as well as the revised statutory description of Senate Districts 46, 47, and 49.’’ Ga. L. 2012, p. 62, § 2/SB 430, not codified by the General Assembly, provides that: ‘‘This section shall become effective upon the approval of thisAct by the Governor or upon this Act becoming law without such approval. The remaining sections of this Act shall become effective upon receipt of preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; provided, however, that, if this Act has not received preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, by the time of the beginning of qualifying for the 2012 general primary, the remaining sections of this Act shall not be effective for the primary and general elections of 2012 for the purpose of electing members of the Senate who are to take office in 2013, but shall become effective on January 1, 2014, provided this Act has received preclearance as provided by law. If this Act has not received preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, by December 31, 2013, this Act shall stand automatically repealed by operation of law on January 1, 2014.’’ This Act became effective April 13, 2012.

Constitutional requirements as to apportionment, Ga. Const. 1983, Art. III, Sec. II, Para. II. Constitutional requirements as to qualifications, Ga. Const. 1983, Art. III, Sec. II, Para. III. Disqualifications, Ga. Const. 1983, Art. III, Sec. II, Para. IV. Vacancies, Ga. Const. 1983, Art. III, Sec. IV, Para. V. Designation of congressional districts of state, § 21-2-4.

For note, ‘‘Perdue v. Baker: Who Has the Ultimate Power over Litigation on Behalf of the State of Georgia — the Governor or the Attorney General?,’’ see 21 Ga. St. U.L. Rev. 751 (2005). For comment, ‘‘Pinpoint Redistricting and the Minimization of Partisan Gerrymandering,’’ see 59 Emory L.J. 211 (2009).