Eleanor Finch
The Georgia Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments to the Constitution may be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate. Following approval by a legislative supermajority, a proposed amendment must be submitted to voters at the next general election, which falls on an even-numbered year. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 10 |
| Current Constitution | Ratified on November 2, 1982 |
| Number of Amendments | 91 |
| Last Amendment | November 5, 2024 |
| Process for Amendments | No process for initiated constitutional amendments; amendments can be put on the ballot through referral by the legislature or by a constitutional convention |
| Voter Approval | Simple majority vote (50% + 1) |
| Legislative Vote | Two-thirds (66.67%) vote during one legislative session |
| Legislative Session Votes | Minimum of 120 votes in the Georgia House of Representatives and 38 votes in the Georgia State Senate |
| Proposal Language | Determined by the General Assembly or, in its absence, by the Governor |
| Proposal Advertisement | Advertised, submitted to, and ratified by the people in the same manner as proposals to amend the Constitution by the General Assembly |
| Proposal Ratification | Ratified by a majority of the electors qualified to vote for members of the General Assembly |
| Proposal Amendments | May be amended or repealed by the same General Assembly which adopted such proposal by an affirmative vote of two-thirds of the members |
| Proposal Convention | No convention shall be called by the General Assembly unless by the concurrence of two-thirds of the members to which each house of the General Assembly is entitled |
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What You'll Learn
The legislative process
Once the proposal has been approved by the legislature, it must be submitted to the voters for ratification during the next general election, which is held in even-numbered years. Before the election, a summary of the proposed amendment is prepared by the Attorney General, Legislative Counsel, and Secretary of State. This summary is published in the official newspaper of each county once a week for three consecutive weeks before the election. It may also be published in up to 20 other newspapers in the state if deemed advisable by the Constitutional Amendments Publication Board. The summary must be written in a clear and concise manner, free of legal and technical jargon, to ensure it can be easily understood by citizens. Additionally, the summary must indicate that the full text of the proposed amendment is available for public inspection in the office of the probate court judge in each county.
On the ballot, the proposed amendment is presented with a short title or heading, not exceeding 15 words, printed in boldface. This title summarises the substance of the proposal. During the election, a simple majority vote (50% plus 1) is required for voters to approve the constitutional amendment. If the proposal is ratified by a majority of qualified electors, it becomes a part of the Georgia Constitution.
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The role of the General Assembly
The Georgia Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments to the Constitution may be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate. The General Assembly plays a crucial role in this process.
The General Assembly is responsible for proposing amendments to the Georgia Constitution. According to Article X, Paragraph I, any proposal to amend the Constitution or adopt a new Constitution must originate from the General Assembly or a constitutional convention. The General Assembly has the authority to determine the language used in submitting a proposed amendment, which can be prescribed by the Governor if the Assembly does not provide specific wording.
The General Assembly also plays a role in advertising, submitting, and ratifying proposals. According to Article X, Paragraph IV, proposals to amend the Constitution or adopt a new one must be "advertised, submitted to, and ratified by the people in the same manner" as proposals by the General Assembly. This means that the procedures established by the General Assembly for its own proposals also apply to those submitted by convention.
Additionally, the General Assembly can amend or repeal its own proposals for amending the Constitution. According to Article X, Paragraph III, the General Assembly that adopted a proposal may amend or repeal it with an affirmative two-thirds vote in each house, as long as this action is taken at least two months before the election when the proposal will be submitted to the people.
The General Assembly also has the power to call a constitutional convention. According to Article X, Paragraph II, the General Assembly cannot call a convention of the people to amend the Constitution or propose a new one unless there is a concurrence of two-thirds of the members in each house. This ensures that any convention for amending the Constitution has the support and involvement of the General Assembly.
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The role of the Governor
The Governor of Georgia plays a crucial role in the process of ratifying an amendment to the state's constitution. While the Governor does not have the power to veto any proposal to amend the Georgia Constitution, they are involved in other aspects of the process.
Firstly, the Governor is responsible for prescribing the language used in submitting a proposed amendment when the General Assembly has not provided specific wording in its resolution. This ensures clarity and consistency in the amendment proposal.
Secondly, the Governor has a role in advertising and submitting the proposed amendment to the people of Georgia. According to Article X, Paragraph IV, the proposal to amend the Constitution must be "advertised, submitted to, and ratified by the people" in the same manner as proposals by the General Assembly. While the Governor does not have the sole authority in this process, they work with the General Assembly to ensure that the proposed amendment is properly communicated and presented to the citizens of Georgia.
Additionally, the Governor may influence the process by working with the General Assembly to provide procedures for calling a constitutional convention. The General Assembly is authorized to establish the rules and guidelines for convening such a convention, and the Governor can provide input and collaborate with the Assembly to ensure a smooth and effective process.
It is important to note that the Governor's role in ratifying an amendment to the Georgia Constitution is primarily facilitative and supportive. While they do not have the power to veto or directly initiate amendments, the Governor ensures that the process runs according to the guidelines outlined in Article X of the Georgia Constitution.
Overall, the Governor of Georgia has specific responsibilities and involvement in the process of ratifying amendments to the state's constitution, working in conjunction with the General Assembly to ensure a fair and transparent process.
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The ratification vote
Before the ratification vote, a summary of the proposed amendment is prepared by the Constitutional Amendments Publication Board, which consists of the Governor, Lieutenant Governor, and Speaker of the House of Representatives. This summary is published in newspapers across the state to inform voters about the substance of the proposal. The ballot for the ratification vote must include a short title or heading, as well as a summary that describes the proposal in simple language that citizens can easily understand.
It is important to note that the Governor does not have the right to veto any proposal to amend the Constitution. Once a proposal has been ratified by a majority of the electors, it becomes an official part of the Georgia Constitution. This process of amending the constitution through a ratification vote allows the people of Georgia to shape their governing document and adapt it to the changing needs and values of the state.
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The constitutional convention
Georgia's Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments to the Constitution may be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate. Following this, a proposed amendment must be submitted to voters at the next general election, which is held in an even-numbered year. The legislature may draft the ballot language, and a simple majority of voters is required for ratification.
A constitutional convention can also propose amendments to the Georgia Constitution. The calling of a convention must receive the support of a two-thirds majority vote by both houses of the legislature and a simple majority of state voters. Amendments proposed by a constitutional convention are also submitted to the voters for ratification.
The General Assembly is authorized to provide the procedure by which a convention is called and under which it operates. No convention of the people shall be called by the General Assembly to amend the Constitution or propose a new one unless there is a concurrence of two-thirds of the members to which each house of the General Assembly is entitled. The representation in the convention shall be based on population as near as practicable.
A proposal by the convention to amend the Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner as proposals by the General Assembly. A copy of the entire proposed amendment shall be filed in the office of the probate court judge of each county and made available for public inspection. The ballot for any proposed constitutional amendment must display a short title or heading (15 words or fewer, printed in boldface) and must describe the substance of the proposal in summary form. A summary of the proposed amendment must be published in the official publication of each county once a week for three consecutive weeks before the election.
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Frequently asked questions
There are two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments must be proposed by the General Assembly and approved by a two-thirds majority vote of both the state House and state Senate. Following this, the proposal must be ratified by a majority of the electors qualified to vote for members of the General Assembly at the next general election.
Georgia has had 10 constitutions, with the current constitution being amended 91 times. Voters last approved amendments on November 5, 2024.
The proposal must originate as a resolution in either the Senate or the House of Representatives. The proposal must be advertised and submitted to the people, and the language used must be provided by the General Assembly or, if not, prescribed by the Governor. A copy of the proposal must be filed in the office of the probate court judge in each county and be made available for public inspection.
