Georgia 2025-2026 Regular Session

Georgia House Bill HB426 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 47 3367~~/AP~~
2		-	House Bill 426 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	25 LC 47 3367
	2	+	House Bill 426
3	3		By: Representatives New of the 40
4	4		th
5	5		, Efstration of the 104
6	6		th
7		-	, Burchett of the 176
	7	+	, Hugley of the 141
	8	+	st
	9	+	, Burchett of
	10	+	the 176
8	11		th
9		-	, Smith of
10		-	the 18
11		-	th
12		-	, Scoggins of the 14
	12	+	, Park of the 107
13	13		th
14	14		, and others
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to
18	18		1
19	19		magistrate courts, so as to provide for nonpartisan election of magistrates; to amend Chapter2
20	20		2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries3
21	21		generally, so as to revise provisions related to nonpartisan elections of judges of the probate4
22	22		court and magistrates; to provide for related matters; to provide for an effective date, a5
23	23		contingent effective date and automatic repeal; to repeal conflicting laws; and for other6
24	24		purposes.7
25	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	26		SECTION 1.9
27	27		Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate10
28	28		courts, is amended in Code Section 15-10-20, relating to number, selection, term, filling11
29	29		vacancies, chief magistrate, and bonds, by revising subsection (c) as follows:12
30	30		"(c) Unless otherwise provided by local law, all magistrates taking office on or after13
31	31		January 1, 1985, shall be selected as provided in this subsection. The chief magistrate shall14
32	32		be elected by the voters of the county at the general election next preceding the expiration15
33	33		of the term of the incumbent chief magistrate, in a partisan
34	34		nonpartisan election in the same16
35	35		H. B. 426
36		-	- 1 - 25 LC 47 3367~~/AP~~
	36	+	- 1 - 25 LC 47 3367
37	37		manner as county judicial officers are elected, for a term beginning on the first day of17
38	38		January following his or her election. As of July 1, 2025, no local Act providing for18
39	39		partisan election of a chief magistrate or other magistrate shall be enacted or enforceable. 19
40	40		His or her successors shall likewise be elected quadrennially thereafter for terms beginning20
41	41		on the first day of January following their election. Magistrates other than the chief21
42	42		magistrate shall be appointed by the chief magistrate with the consent of the judges of22
43	43		superior court. The term of a magistrate so appointed shall run concurrently with the term23
44	44		of the chief magistrate by whom he or she was appointed."24
45	45		SECTION 2.25
46	46		Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and26
47	47		primaries generally, is amended by revising Code Section 21-2-138, relating to nonpartisan27
48	48		elections for judicial offices, as follows:28
49	49		"21-2-138.29
50	50		The names of all candidates who have qualified with the Secretary of State for the office30
51	51		of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court31
52	52		of this state and the names of all candidates who have qualified with the election32
53	53		superintendent for the office of judge of a state court, office of judge of a probate court,33
54	54		office of chief magistrate, or office of magistrate, when nonpartisan elections have been34
55	55		authorized by law for such county judicial office, shall be placed on the ballot in a35
56	56		nonpartisan election to be held and conducted jointly with the general primary in each36
57	57		even-numbered year. No candidates for any such office shall be nominated by a political37
58	58		party or by a petition as a candidate of a political body or as an independent candidate.38
59	59		Candidates for any such office shall have their names placed on the nonpartisan portion of39
60	60		each ballot by complying with the requirements prescribed in Code Section 21-2-13240
61	61		specifically related to such nonpartisan candidates and by paying the requisite qualifying41
62	62		fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official42
63	63		H. B. 426
64		-	- 2 - 25 LC 47 3367~~/AP~~
	64	+	- 2 - 25 LC 47 3367
65	65		ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1,
66	66		43
67	67		respectively. Except as otherwise specified in this chapter, the procedures to be employed44
68	68		in conducting the nonpartisan election of judges of probate courts, chief magistrates,
69	69		45
70	70		magistrates, judges of state courts, judges of superior courts, Judges of the Court of46
71	71		Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the47
72	72		procedures governing general elections; and such general election procedures as are48
73	73		necessary to complete this nonpartisan election process shall be adopted in a manner49
74	74		consistent with such nonpartisan elections."50
75	75		SECTION 3.51
76	76		Said chapter is further amended in Code Section 21-2-139, relating to nonpartisan elections52
77	77		authorized and conduct, by revising subsection (a) as follows:53
78	78		"(a) Notwithstanding any other provisions of this chapter to the contrary, the General54
79	79		Assembly may provide by local Act for the election in nonpartisan elections of candidates55
80	80		to fill county judicial offices of judges of probate courts, offices of local boards of56
81	81		education, and offices of consolidated governments which are filled by the vote of the57
82	82		electors of said county or political subdivision. Except as otherwise provided in this Code58
83	83		section, the procedures to be employed in such nonpartisan elections shall conform as59
84	84		nearly as practicable to the procedures governing nonpartisan elections as provided in this60
85	85		chapter. Except as otherwise provided in this Code section, the election procedures61
86	86		established by any existing local law which provides for the nonpartisan election of62
87	87		candidates to fill county offices shall conform to the general procedures governing63
88	88		nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be64
89	89		conducted in accordance with the applicable provisions of this chapter, notwithstanding the65
90	90		provisions of any existing local law. For those offices for which the General Assembly,66
91	91		pursuant to this Code section, provided by local Act for election in nonpartisan primaries67
92	92		and elections, such offices shall no longer require nonpartisan primaries. Such officers68
93	93		H. B. 426
94		-	- 3 - 25 LC 47 3367~~/AP~~
	94	+	- 3 - 25 LC 47 3367
95	95		shall be elected in nonpartisan elections held and conducted in conjunction with the general
96	96		69
97	97		primary in even-numbered years in accordance with this chapter without a prior70
98	98		nonpartisan primary. This Code section shall apply to all nonpartisan elections for71
99	99		members of consolidated governments. All nonpartisan elections for members of72
100	100		consolidated governments shall be governed by the provisions of this Code section and73
101	101		shall be considered county elections and not municipal elections for the purposes of this74
102	102		Code section. Nonpartisan elections for municipal offices shall be conducted on the dates75
103	103		provided in the municipal charter."76
104	104		SECTION 4.77
105	105		Said chapter is further amended in said Code section as effective on January 1, 2027, by78
106	106		revising subsection (a) as follows:79
107	107		"(a) Notwithstanding any other provisions of this chapter to the contrary, the General80
108	108		Assembly may provide by local Act for the election in nonpartisan elections of candidates81
109	109		to fill offices of judges of probate courts,
110	110		offices of local boards of education, and offices82
111	111		of consolidated governments which are filled by the vote of the electors of said county or83
112	112		political subdivision. Except as otherwise provided in this Code section, the procedures84
113	113		to be employed in such nonpartisan elections shall conform as nearly as practicable to the85
114	114		procedures governing nonpartisan elections as provided in this chapter. Except as86
115	115		otherwise provided in this Code section, the election procedures established by any existing87
116	116		local law which provides for the nonpartisan election of candidates to fill county offices88
117	117		shall conform to the general procedures governing nonpartisan elections as provided in this89
118	118		chapter, and such nonpartisan elections shall be conducted in accordance with the90
119	119		applicable provisions of this chapter, notwithstanding the provisions of any existing local91
120	120		law. For those offices for which the General Assembly, pursuant to this Code section,92
121	121		provided by local Act for election in nonpartisan primaries and elections, such offices shall93
122	122		no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan94
123	123		H. B. 426
124		-	- 4 - 25 LC 47 3367~~/AP~~
	124	+	- 4 - 25 LC 47 3367
125	125		elections held and conducted in conjunction with the general primary in even-numbered
126	126		95
127	127		years in accordance with this chapter without a prior nonpartisan primary. This Code96
128	128		section shall apply to all nonpartisan elections for members of consolidated governments. 97
129	129		All nonpartisan elections for members of consolidated governments shall be governed by98
130	130		the provisions of this Code section and shall be considered county elections and not99
131	131		municipal elections for the purposes of this Code section. Nonpartisan elections for100
132	132		municipal offices shall be conducted on the dates provided in the municipal charter."101
133	133		SECTION 5.102
134	134		(a) Except as provided for in subsection (b) of this section, this Act shall become effective103
135	135		on July 1, 2025.104
136	136		(b) Section 4 of this Act shall become effective on January 1, 2027, following the ratification105
137	137		of an amendment to the Constitution of Georgia providing that all judges of the probate court106
138	138		shall be elected in nonpartisan elections; provided, however, that to the extent this Act107
139	139		conflicts with law in effect at the time of ratification, this Act and such amendment shall108
140	140		control, and to the extent such law is not in conflict, the law in effect at the time of109
141	141		ratification shall control and shall remain in full force and effect. If such amendment is not110
142	142		so ratified, then this Act shall stand automatically repealed.111
143	143		SECTION 6.112
144	144		All laws and parts of laws in conflict with this Act are repealed.113
145	145		H. B. 426
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