Require Nonpartisan Elections for Probate Judges Amendment

Georgia Ballot Measure - House Resolution 251

Election: Nov. 3, 2026 (General)

Outcome: Pending

Categories:

Elections
Judicial Branch

Summary


The constitutional amendment would require that all probate judges in the state be elected on a nonpartisan basis. Probate courts deal with administering the estate of a deceased person and resolving claims to that individual's will or property. They also have jurisdiction over cases concerning the appointment of guardians and the involuntary hospitalization of incapacitated adults.

As of 2026, the Georgia Constitution requires judges in the state Supreme Court and the Court of Appeals to be elected on a nonpartisan basis; but probate judges are excluded from that requirement. In Georgia, each probate court covers one county and each court has one elected probate judge who is elected for a term of four years.

Measure Text


BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article VI, Section VII of the Constitution is amended in Paragraph I by revising subparagraph (a) as follows: "(a) All superior court and state court judges shall be elected on a nonpartisan basis for a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elected shall begin the next January 1 after their election. All probate judges shall be elected on a nonpartisan basis for terms as provided for in Article IX, Section I, Paragraph III. All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by local law."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES
( ) NO
Shall the Constitution of Georgia be amended so as to require that all probate
court judges be elected in nonpartisan elections?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
become a part of the Constitution of this state.

Resources


Official Summary

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