23 LC 50 0579
H. R. 564
- 1 -
House Resolution 564
By: Representatives Dubnik of the 29
th
, Jones of the 47
th
, Erwin of the 32
nd
, Jones of the 25
th
,
Jasperse of the 11
th
, and others
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of
1
the State Board of Education by the members of the House of Representatives and Senate2
whose respective districts are embraced or partly embraced by each congressional district of3
this state; to provide for appointment of the State School Superintendent by the State Board4
of Education and other matters relative to the foregoing changes; to provide for submission5
of this amendment for ratification or rejection; and for other purposes.6
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article II, Section III, Paragraph I of the Constitution is amended by revising subparagraphs9
(a) and (b) as follows:10
"Paragraph I. Procedures for and effect of suspending or removing public officials11
upon felony indictment. (a) As used in this Paragraph, the term 'public official' means the12
Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State
13
School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture,14
the Commissioner of Labor, and any member of the General Assembly.15
(b) Upon indictment for a felony by a grand jury of this state or by the United States,16
which felony indictment relates to the performance or activities of the office of any public17 23 LC 50 0579
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official, the Attorney General or district attorney shall transmit a certified copy of the
18
indictment to the Governor or, if the indicted public official is the Governor, to the19
Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a20
review commission. If the indicted public official is the Governor, the commission shall21
be composed of the Attorney General, the Secretary of State, the State School
22
Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the23
Commissioner of Labor. If the indicted public official is the Attorney General, the24
commission shall be composed of three other public officials who are not members of the25
General Assembly. If the indicted public official is not the Governor, the Attorney26
General, or a member of the General Assembly, the commission shall be composed of the27
Attorney General and two other public officials who are not members of the General28
Assembly. If the indicted public official is a member of the General Assembly, the29
commission shall be composed of the Attorney General and one member of the Senate and30
one member of the House of Representatives. If the Attorney General brings the31
indictment against the public official, the Attorney General shall not serve on the32
commission. In place of the Attorney General, the Governor shall appoint a retired33
Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide34
for a speedy hearing, including notice of the nature and cause of the hearing, process for35
obtaining witnesses, and the assistance of counsel. Unless a longer period of time is36
granted by the appointing authority, the commission shall make a written report within 1437
days. If the commission determines that the indictment relates to and adversely affects the38
administration of the office of the indicted public official and that the rights and interests39
of the public are adversely affected thereby, the Governor or, if the Governor is the indicted40
public official, the Lieutenant Governor shall suspend the public official immediately and41
without further action pending the final disposition of the case or until the expiration of the42
officer's term of office, whichever occurs first. During the term of office to which such43
officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if44 23 LC 50 0579
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the public official is acquitted, or if after conviction the conviction is later overturned as
45
a result of any direct appeal or application for a writ of certiorari, the officer shall be46
immediately reinstated to the office from which he was suspended. While a public official47
is suspended under this Paragraph, the officer shall not be entitled to receive the48
compensation from his or her office. If the officer is reinstated to office, he or she shall be49
entitled to receive any compensation withheld under the provisions of this Paragraph."50
SECTION 2.51
Article V, Section II, Paragraph VIII of the Constitution is amended by revising52
subparagraph (b) as follows:53
"(b) In case of the death or withdrawal of a person who received a majority of votes cast54
in an election for the office of Secretary of State, Attorney General, State School
55
Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or56
Commissioner of Labor, the Governor elected at the same election, upon becoming57
Governor, shall have the power to fill such office by appointing, subject to the confirmation58
of the Senate, an individual to serve until the next general election and until a successor for59
the balance of the unexpired term shall have been elected and qualified."60
SECTION 3.61
Article V, Section III of the Constitution is amended by revising Paragraph I as follows:62
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney63
General, State School Superintendent, Commissioner of Insurance, Commissioner of64
Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the65
election of members of the General Assembly and the electors shall be the same. Such66
executive officers shall be elected at the same time and hold their offices for the same term67
as the Governor."68 23 LC 50 0579
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SECTION 4.
69
Article V, Section III, Paragraph II of the Constitution is amended by revising subparagraph70
(a) as follows:71
"Paragraph II. Qualifications. (a) No person shall be eligible to the office of the72
Secretary of State, Attorney General, State School Superintendent,
Commissioner of73
Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person74
shall have been a citizen of the United States for ten years and a legal resident of the state75
for four years immediately preceding election or appointment and shall have attained the76
age of 25 years by the date of assuming office. All of said officers shall take such oath and77
give bond and security, as prescribed by law, for the faithful discharge of their duties."78
SECTION 5.79
Article V, Section IV of the Constitution is amended by revising Paragraph I as follows:80
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this81
section, the term 'elected constitutional executive officer' means the Governor, the82
Lieutenant Governor, the Secretary of State, the Attorney General, the State School83
Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the84
Commissioner of Labor."85
SECTION 6.86
Article VIII, Section II, Paragraph I of the Constitution is amended by revising subparagraph87
(a) as follows:88
"Paragraph I. State Board of Education. (a) There shall be a State Board of Education89
which shall consist of one member from each congressional district in the state appointed90
by the Governor and confirmed by the Senate composed of as many members as there are91
congressional districts in the state. The member of the board from each congressional92
district shall be elected by a majority vote of the members of the House of Representatives93 23 LC 50 0579
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and Senate whose respective districts are embraced or partly embraced within such94
congressional district meeting in caucus. The members of the board in office on June 30,95
2023, shall serve out the remainder of their respective terms. The General Assembly shall96
provide by law the procedure for the election of members and for filling vacancies on the97
board. Members shall serve for terms of two years and until their successors are elected98
and qualified. The Governor shall not be a member of said board. The ten members in99
office on June 30, 1983, shall serve out the remainder of their respective terms. As each100
term of office expires, the Governor shall appoint a successor as herein provided. The101
terms of office of all members appointed after the effective date of this Constitution shall102
be for seven years. Members shall serve until their successors are appointed and qualified.103
In the event of a vacancy on the board by death, resignation, removal, or any reason other104
than expiration of a member's term, the Governor shall fill such vacancy; and the person105
so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve106
for the unexpired term of office."107
SECTION 7.108
Article VIII, Section III of the Constitution is amended by revising Paragraph I as follows:109
"Paragraph I. State School Superintendent. There shall be a State School110
Superintendent, who shall be the executive officer of the State Board of Education, elected111
at the same time and in the same manner and for the same term as that of the Governor.112
The State School Superintendent shall be appointed by the State Board of Education. The113
State School Superintendent shall serve a term of office congruous with the Governor's114
term, or until his or her removal from office; provided, however, that the person elected as115
State School Superintendent in 2022 shall serve for the term to which such person was116
elected. The State School Superintendent shall have such qualifications and shall be paid117
such compensation as may be fixed by law. No member of the State Board of Education118 23 LC 50 0579
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shall be eligible for election appointment as State School Superintendent during the time119
term for which such member shall have been appointed elected."120
SECTION 8.121
The above proposed amendment to the Constitution shall be published and submitted as122
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the123
above proposed amendment shall have written or printed thereon the following:124
"( ) YES125
126
( ) NO 127
128
129
Shall the Constitution be amended so as to provide for the election of
members to the State Board of Education by members of the House of
Representatives and Senate for each congressional district and for
appointment of the State School Superintendent by the State Board of
Education?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
130
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If131
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall132
become a part of the Constitution of this state.133