Georgia 2023-2024 Regular Session

Georgia Senate Bill SB212

Introduced
2/16/23  
Refer
2/21/23  
Introduced
2/16/23  
Report Pass
1/31/24  
Refer
2/21/23  
Engrossed
2/16/24  
Report Pass
1/31/24  
Report Pass
3/8/24  
Engrossed
2/16/24  
Enrolled
4/4/24  
Report Pass
3/8/24  
Chaptered
5/6/24  
Enrolled
4/4/24  
Chaptered
5/6/24  

Caption

Probate Court Judges; relating to elections; end activities and duties

Impact

If enacted, SB 212 would mark a substantial shift in how elections are administered at the county level in Georgia. The bill mandates the creation of a board of elections in all counties where a probate court judge currently serves as the election superintendent. This shift seeks to enhance the efficiency and accountability of elections, ideally reducing the risk of conflicts of interest inherent in having judges oversee electoral processes. Importantly, the bill reinforces the importance of separating judicial aspects from political administration, promoting a clear delineation of duties.

Summary

Senate Bill 212 proposes significant reforms to the governance of elections by removing election duties from probate court judges and establishing county boards of elections and registration. As stated in the bill, this change aims to create a more streamlined and organized electoral process by assigning dedicated bodies—the boards of elections—and setting clear powers, duties, and procedures related to elections for these newly formed entities. The boards will have the authority to oversee elections, handle voter registration, and manage other electoral functions that were previously the responsibility of probate courts.

Sentiment

The discussion surrounding SB 212 has revealed a mixed sentiment among legislators and constituents. Supporters argue that this reform is necessary for modernizing Georgia's electoral administration and improving public confidence in elections by ensuring that election oversight is handled by dedicated election officials rather than probate judges. However, there are concerns from opponents who fear that removing judges from these functions could lead to bureaucratic inefficiencies or diminish accountability in election oversight. Critics emphasize the potential loss of direct judicial oversight in election matters, arguing that judges bring an essential impartiality to the process.

Contention

Notable points of contention focus on the transition implications—how the newly structured boards will operate and the potential challenges during the transition period. Some lawmakers worry about the timeline mandated by the bill, which requires boards to be established by a specific date, as well as the recruitment and training of board members. Additionally, the legislation’s allowance for the General Assembly to enact local laws regarding election boards raises questions about the balance of local versus state authority in electoral administration, a point that has sparked vigorous debate among legislators.

Companion Bills

No companion bills found.

Previously Filed As

GA HB180

Probate courts; modify certain requirements for probate judges

GA SB272

Courts; supplement the duties of administrative judges; Criminal Case Data Exchange Board; reestablish

GA SB19

Courts; collection of passport application and processing fees by clerks of superior courts and probate court judges; provide

GA SB434

Glascock County; board of elections and registration; create

GA HB540

Wilkes County; board of elections and registration; create

GA HB947

Courts; compensation received by superior court judges; modify provisions; create Judicial System Compensation Commission

GA HB710

Schley County; board of elections and registration; create

GA SB300

Schley County; board of elections and registration; create

GA HB1095

Baldwin County; board of elections and registration; create

GA SB467

Baldwin County; board of elections and registration; create

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