Amending Georgia's Constitution: Understanding The Process

how can the georgia constitution be amended

The state constitution of Georgia has been amended 91 times since it was adopted in 1983, with the latest amendments being approved by voters on November 5, 2024. State constitutions are generally easier to modify than the federal constitution, and there are multiple paths for amending them. In Georgia, amendments can be proposed by the General Assembly or by a constitutional convention, with the requirement that they are of general and uniform applicability throughout the state. A two-thirds vote is needed for the Georgia State Legislature to place an amendment on the ballot, and proposed amendments are voted on during general elections of even-numbered years.

Characteristics Values
Number of amendments to date 91
Last amendment approved November 5, 2024
Minimum vote required for the Georgia State Legislature to place an amendment on the ballot Two-thirds (66.67%)
Minimum number of votes in the Georgia House of Representatives 120
Minimum number of votes in the Georgia State Senate 38
Number of ruling documents 12
First constitution 1777
Number of amendments through 2018 85
Additional amendments approved through 2024 6
Minimum number of members required in each house of the Georgia General Assembly to call a constitutional convention Two-thirds
Frequency of voting on proposed amendments Every even-numbered year during general elections

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Amendments must be proposed by the General Assembly or a convention

The Georgia Constitution can be amended in two ways: by the General Assembly or by a convention. The General Assembly can propose amendments to the existing constitution or an entirely new constitution. For an amendment to be proposed, a two-thirds vote is required during a legislative session, which amounts to a minimum of 120 votes in the Georgia House of Representatives and 38 votes in the Georgia State Senate. The governor does not have the power to veto these proposals.

The General Assembly can also repeal a previous vote to put a proposed amendment on the ballot if they obtain a two-thirds vote of both chambers at least two months before the election. The language used in submitting a proposed amendment is determined by the General Assembly, or, in their absence, by the Governor. A copy of the proposed amendment must be filed in the office of the probate court judge in each county and made available for public inspection.

A constitutional convention can also propose amendments to the Georgia Constitution. According to Article X of the Georgia Constitution, a constitutional convention can occur if two-thirds of the members of both houses of the General Assembly agree to hold it. This agreement does not need to be put to a vote of the people. Any amendments proposed by a convention must be put to a vote of the state's voters. The representation in the convention shall be based on population as near as practicable.

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Amendments require a two-thirds vote from the Georgia State Legislature

The Georgia Constitution has been amended 91 times since its adoption in 1983. Amendments can be proposed by the General Assembly or by a constitutional convention. The General Assembly can put a measure on the ballot that is either an amendment to the existing constitution or an entirely new constitution.

Amendments require a two-thirds (66.67%) vote during a legislative session for the Georgia State Legislature to place an amendment on the ballot. This amounts to a minimum of 120 votes in the Georgia House of Representatives and 38 votes in the Georgia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

The Georgia Constitution explicitly restricts the type of amendment that can be offered. It states that only amendments that are of "general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people". The governor is also explicitly forbidden from vetoing acts of the legislature to propose amendments or call conventions. Newly approved amendments or revisions are effective on the first day of January following their approval.

Proposed amendments are to be voted on during general elections of even-numbered years. The Georgia Constitutional Amendments Publication Board is charged with ensuring that the state's voters have adequate notification that an election is to occur on a proposed amendment.

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Amendments are voted on during general elections in even-numbered years

The process of amending the Georgia Constitution is outlined in Article X of the constitution, which establishes two methods for making changes. Amendments can be proposed by the General Assembly or by a constitutional convention. The General Assembly can put a measure on the ballot that is either an amendment to the existing constitution or an entirely new constitution.

Proposed amendments are voted on during general elections in even-numbered years. The Georgia Constitution stipulates that voters must receive adequate notification about an upcoming election on a proposed amendment. This notification includes publishing a summary of the proposed amendment once a week for three consecutive weeks before the general election. The language used in the summary is determined by the General Assembly or, in their absence, the Governor. A copy of the entire proposed amendment must also be made available for public inspection in the office of the probate court of each county.

The Georgia Constitution also specifies that when multiple amendments are submitted simultaneously, they should be presented separately to allow electors to vote on each amendment individually. However, related changes in one or more articles may be submitted as a single amendment. The approval of proposed amendments or a new constitution requires a majority vote of qualified electors. These approved amendments or a new constitution come into effect on the first day of January following their approval.

It is important to note that Georgia does not have a process for initiated constitutional amendments. Amendments can only be put on the ballot through referral by the legislature or a constitutional convention. A constitutional convention can be called if a two-thirds majority of the members of both houses of the Georgia General Assembly agree. This agreement does not require a vote of the people.

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Amendments must be applicable throughout the state

The state of Georgia has had 12 ruling documents, from the colonial charter issued in 1732 to the current state constitution, which was adopted in 1983. This constitution has been amended 91 times, with the most recent amendments being approved on November 5, 2024.

Amending the Georgia Constitution requires a proposal, which may be initiated by the General Assembly or a constitutional convention. A constitutional convention can be called if two-thirds of the members of both houses of the Georgia General Assembly agree. Once a proposal is made, it must be submitted to the people and ratified by a majority of qualified electors.

Article X of the Georgia Constitution outlines the process for amending the constitution and includes a unique restriction on the type of amendment that can be offered. It states that only amendments with "general and uniform applicability throughout the state" shall be proposed, passed, or submitted to the people. This means that any amendment must be relevant and applicable across all regions of Georgia, and not just specific areas or constituencies.

To ensure compliance with this requirement, the proposal must be drafted and presented in a clear and uniform manner. The language used should be accessible to all Georgians, and the proposal must be made available for public inspection. The Georgia Constitutional Amendments Publication Board is responsible for notifying voters of upcoming elections on proposed amendments, ensuring that all citizens are informed and aware of the potential changes to their constitution.

In conclusion, the requirement for amendments to have "general and uniform applicability throughout the state" ensures that any changes to the Georgia Constitution are relevant and applicable to all citizens of the state. This process promotes uniformity and fairness in the amendment process, ensuring that amendments are not region-specific or biased towards particular areas of the state.

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Amendments do not require the governor's signature

The state of Georgia has had 12 ruling documents, from the colonial charter issued in 1732 to the current state constitution, which was adopted in 1983. The current constitution has been amended 91 times, with the last amendments being approved on November 5, 2024.

Amending the Georgia Constitution requires a proposal to amend the Constitution or for a new Constitution, which may be proposed by the General Assembly or by a constitutional convention. Notably, amendments do not require the governor's signature to be referred to the ballot. This is because the governor is explicitly forbidden from vetoing acts of the legislature to propose amendments or call conventions.

For a proposal to be ratified and become part of the Constitution, it must be approved by a majority of the electors qualified to vote for members of the General Assembly. When multiple amendments are submitted simultaneously, electors must be able to vote on each amendment separately. Newly approved amendments or revisions come into effect on the first day of January following their approval.

Proposed amendments are to be voted on during general elections of even-numbered years. The Georgia Constitutional Amendments Publication Board is responsible for ensuring that voters are adequately notified of an upcoming election on a proposed amendment. The General Assembly can put a measure on the ballot, either as an amendment to the existing constitution or as an entirely new constitution.

It's worth noting that Georgia does not have a process for initiated constitutional amendments. Therefore, amendments can only be put on the ballot through referral by the legislature or by a constitutional convention.

Frequently asked questions

The Georgia Constitution is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

The Georgia Constitution can be amended through a proposal by the General Assembly or by a constitutional convention. A proposal by the General Assembly can originate in either chamber of the assembly, i.e. the House of Representatives or the Senate. A constitutional convention can be called if a two-thirds majority of the members of both houses of the Georgia General Assembly agree.

Any proposal to amend the Constitution must be of “general and uniform applicability throughout the state". It requires an affirmative vote of two-thirds of the members of each house, entered on their respective journals. The proposal is then submitted to the voters during a general election and must be ratified by a majority of qualified electors.

Newly approved amendments or revisions come into effect on the first day of January following their approval.

The current Georgia Constitution has been amended 91 times. Voters last approved amendments on November 5, 2024. State constitutions are generally amended more frequently than the federal Constitution.

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