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The House Committee on Education offers the following substitute to HR 174:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for appointment of the state1
school superintendent by the State Board of Education effective not later than2
January 1, 2031, and other matters relative to the foregoing changes; to provide for the3
election of members of the State Board of Education for four-year terms by the members of4
the House of Representatives and Senate whose respective districts are embraced or partly5
embraced by each congressional district of this state; to provide for submission of this6
amendment for ratification or rejection; and for other purposes.7
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Article II, Section III, Paragraph I of the Constitution is amended by revising10
subparagraphs (a) and (b) as follows:11
"Paragraph I. Procedures for and effect of suspending or removing public officials12
upon felony indictment. (a) As used in this Paragraph, the term 'public official' means the13
Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State14
School Superintendent elected for such office in 2026, the Commissioner of Insurance, the15
Commissioner of Agriculture, the Commissioner of Labor, and any member of the General16
Assembly.17
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(b) Upon indictment for a felony by a grand jury of this state or by the United States,18
which felony indictment relates to the performance or activities of the office of any public19
official, the Attorney General or district attorney shall transmit a certified copy of the20
indictment to the Governor or, if the indicted public official is the Governor, to the21
Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a22
review commission. If the indicted public official is the Governor, the commission shall23
be composed of the Attorney General, the Secretary of State, the State School24
Superintendent elected for such office in 2026, the Commissioner of Insurance, the25
Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public26
official is the Attorney General, the commission shall be composed of three other public27
officials who are not members of the General Assembly. If the indicted public official is28
not the Governor, the Attorney General, or a member of the General Assembly, the29
commission shall be composed of the Attorney General and two other public officials who30
are not members of the General Assembly. If the indicted public official is a member of31
the General Assembly, the commission shall be composed of the Attorney General and one32
member of the Senate and one member of the House of Representatives. If the Attorney33
General brings the indictment against the public official, the Attorney General shall not34
serve on the commission. In place of the Attorney General, the Governor shall appoint a35
retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall36
provide for a speedy hearing, including notice of the nature and cause of the hearing,37
process for obtaining witnesses, and the assistance of counsel. Unless a longer period of38
time is granted by the appointing authority, the commission shall make a written report39
within 14 days. If the commission determines that the indictment relates to and adversely40
affects the administration of the office of the indicted public official and that the rights and41
interests of the public are adversely affected thereby, the Governor or, if the Governor is42
the indicted public official, the Lieutenant Governor shall suspend the public official43
immediately and without further action pending the final disposition of the case or until the44
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expiration of the officer's term of office, whichever occurs first. During the term of office45
to which such officer was elected and in which the indictment occurred, if a nolle prosequi46
is entered, if the public official is acquitted, or if after conviction the conviction is later47
overturned as a result of any direct appeal or application for a writ of certiorari, the officer48
shall be immediately reinstated to the office from which he or she was suspended. While49
a public official is suspended under this Paragraph, the officer shall not be entitled to50
receive the compensation from his or her office. If the officer is reinstated to office, he or51
she shall be entitled to receive any compensation withheld under the provisions of this52
Paragraph."53
SECTION 2.54
Article V, Section II, Paragraph VIII of the Constitution is amended by revising55
subparagraph (b) as follows:56
"(b) In case of the death or withdrawal of a person who received a majority of votes cast57
in an election for the office of Secretary of State, Attorney General, State School58
Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or59
Commissioner of Labor, the Governor elected at the same election, upon becoming60
Governor, shall have the power to fill such office by appointing, subject to the confirmation61
of the Senate, an individual to serve until the next general election and until a successor for62
the balance of the unexpired term shall have been elected and qualified."63
SECTION 3.64
Article V, Section III of the Constitution is amended by revising Paragraph I as follows:65
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney66
General, State School Superintendent, Commissioner of Insurance, Commissioner of67
Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the68
election of members of the General Assembly and the electors shall be the same. Such69
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executive officers shall be elected at the same time and hold their offices for the same term70
as the Governor."71
SECTION 4.72
Article V, Section III, Paragraph II of the Constitution is amended by revising73
subparagraph (a) as follows:74
"Paragraph II. Qualifications. (a) No person shall be eligible to the office of the75
Secretary of State, Attorney General, State School Superintendent, Commissioner of76
Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person77
shall have been a citizen of the United States for ten years and a legal resident of the state78
for four years immediately preceding election or appointment and shall have attained the79
age of 25 years by the date of assuming office. All of said officers shall take such oath and80
give bond and security, as prescribed by law, for the faithful discharge of their duties."81
SECTION 5.82
Article V, Section IV of the Constitution is amended by revising Paragraph I as follows:83
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this84
section, the term 'elected constitutional executive officer' means the Governor, the85
Lieutenant Governor, the Secretary of State, the Attorney General, the State School86
Superintendent elected for such office in 2026, the Commissioner of Insurance, the87
Commissioner of Agriculture, and the Commissioner of Labor."88
SECTION 6.89
Article VIII, Section II, Paragraph I of the Constitution is amended by revising90
subparagraph (a) as follows:91
"Paragraph I. State Board of Education. (a) There shall be a State Board of Education92
which shall consist of one member from each congressional district in the state appointed93
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by the Governor and confirmed by the Senate. The member of the board from each94
congressional district shall be elected by a majority vote of the members of the House of95
Representatives and Senate whose respective districts are embraced or partly embraced96
within such congressional district meeting in caucus. The members of the board in office97
on December 31, 2026, shall serve out the remainder of their respective terms. The98
General Assembly shall provide by law the procedure for the election of members and for99
filling vacancies on the board. Members shall serve for terms of four years and until their100
successors are elected and qualified. The Governor shall not be a member of said board.101
The ten members in office on June 30, 1983, shall serve out the remainder of their102
respective terms. As each term of office expires, the Governor shall appoint a successor103
as herein provided. The terms of office of all members appointed after the effective date104
of this Constitution shall be for seven years. Members shall serve until their successors are105
appointed and qualified. In the event of a vacancy on the board by death, resignation,106
removal, or any reason other than expiration of a member's term, the Governor shall fill107
such vacancy; and the person so appointed shall serve until confirmed by the Senate and,108
upon confirmation, shall serve for the unexpired term of office."109
SECTION 7.110
Article VIII, Section III of the Constitution is amended by revising Paragraph I as follows:111
"Paragraph I. State School Superintendent school superintendent. There shall be a112
State School Superintendent state school superintendent, who shall be the executive officer113
of the State Board of Education, elected at the same time and in the same manner and for114
the same term as that of the Governor. The person elected as state school superintendent115
in 2026 shall be elected at the same time and in the same manner and for the same term as116
that of the Governor and shall serve for the term to which such person was elected or until117
his or her withdrawal, resignation, or removal from office. Effective upon the earlier of118
January 1, 2031, or the death or withdrawal, resignation, or removal from office of the119
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person elected as state school superintendent in 2026, the state school superintendent shall120
be appointed by the State Board of Education. The person appointed by the State Board121
of Education to serve as state school superintendent shall be employed by the State Board122
of Education as provided by general law. The State School Superintendent state school123
superintendent shall have such qualifications and shall be paid such compensation as may124
be fixed by law. No member of the State Board of Education shall be eligible for election125
or appointment as State School Superintendent state school superintendent during the time126
for which such member shall have been appointed member's term of office."127
SECTION 8.128
The above proposed amendment to the Constitution shall be published and submitted as129
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the130
above proposed amendment shall have written or printed thereon the following:131
"( ) YES132
133
( ) NO 134
135
136
Shall the Constitution be amended so as to provide for appointment of the
state school superintendent by the State Board of Education effective no later
than January 1, 2031, and to provide for the election of members to the State
Board of Education for four-year terms by members of the House of
Representatives and Senate for each congressional district?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."137
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If138
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall139
become a part of the Constitution of this state.140
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