Georgia 2023-2024 Regular Session

Georgia House Bill HB1159

Introduced
2/6/24  

Caption

Elections; certain persons disqualified from holding office pursuant to operation of the United States Constitution shall not be nominated or elected to office; provide

Impact

The introduction of HB 1159 could significantly influence the landscape of electoral eligibility in Georgia. By codifying the disqualification of individuals identified as having engaged in the selection, certification, or voting of presidential elections in violation of established laws, the bill establishes a stricter framework regarding who may run for office. This action may have the effect of directly impacting the careers of various political figures and candidates, potentially altering the political balance within the state if such individuals are barred from elections or nominations.

Summary

House Bill 1159, referred to as the 'Oath Act', aims to amend the Official Code of Georgia Annotated by establishing disqualifications for individuals seeking to hold public office based on participation in actions deemed insurrectionary or subversive. The bill specifically references Section 3 of the Fourteenth Amendment to the United States Constitution, asserting that any person who has previously taken an oath to support the Constitution and subsequently participates in insurrection is barred from holding any public office, civil or military, in Georgia unless Congress has removed this disability. This legislation seeks to ensure that those disqualified under federal standards are also recognized as such within state law.

Contention

Critics of HB 1159 may argue that the enforcement of such disqualification criteria can be misused politically, leading to accusations of partisanship in the enforcement of electoral laws. There is a concern that this legislation could be a means to eliminate political competition and undermine democratic principles by barring individuals based on interpretations of their past actions or affiliations that could be politically motivated. Furthermore, the vague language surrounding who may be deemed a 'subversive person' could lead to challenges and legal disputes regarding the application of the law.

Companion Bills

No companion bills found.

Previously Filed As

GA HB524

Public officers and employees; elected officers or officials shall not have their employment terminated solely as a result of being elected to or holding an elected office; provide

GA AB1201

Persons previously nominated as presidential electors serving in certain public offices related to elections.

GA SB1102

Persons previously nominated as presidential electors serving in certain public offices related to elections.

GA HR869

Secretary of State; keep Donald John Trump off any ballots related to nomination of candidates for election to Office of President; urge

GA SB31

Constitutional amendment to provide for disqualification from seeking or holding an elective office. (2/3-CA13sl(A))

GA HB2056

Senate Substitute for HB 2056- Requiring specific intent as an element of the crime of false representation of an election official; requiring that any person nominated for an elected office accept such nomination by signing a notarized statement of acceptance and restricting the number of nominations a person may accept to one nomination per election cycle.

GA SB69

Constitutional amendment to provide for disqualification from holding an elective office. (2/3 - CA13s1(A))

GA SB66

Constitutional amendment to provide for disqualification from holding an elective office. (2/3 - CA13s1(A))

GA HB40

Elections; Secretary of State shall serve as chairperson of the State Election Board; provide

GA SJR505

Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, updating references to certain officeholders and persons.

Similar Bills

No similar bills found.