Jonah Patel
The Georgia Constitution outlines the procedures for proposing amendments, which can be initiated by the General Assembly or a constitutional convention. A supermajority of two-thirds of the members in each house of the General Assembly is required to approve a proposed amendment before it is submitted to Georgia voters during an even-numbered general election. The ballot for a proposed amendment must include a short title or heading, and the language used should be understandable to most citizens. The Governor of Georgia does not have the right to veto any proposal by the General Assembly or a convention to amend the constitution.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | The General Assembly or a constitutional convention |
| Who prepares the ballot language? | The legislature |
| Who approves the ballot title? | The Constitutional Amendments Publication Board: the Governor, Lieutenant Governor, and Speaker of the House of Representatives |
| Who prepares a summary of the amendment? | The Attorney General, Legislative Counsel, and Secretary of State |
| Who must approve an amendment? | A 2/3 supermajority of the members elected to each house of the General Assembly and Georgia voters |
| Who does not have the right to veto? | The Governor |
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What You'll Learn
The General Assembly
The Georgia Constitution can be amended through a proposal by the General Assembly or by a constitutional convention. The General Assembly is the state legislature of Georgia and is responsible for proposing amendments to the state's constitution. It is composed of elected officials who represent the people of Georgia.
To propose an amendment, the General Assembly must first adopt a resolution with the text of the proposed amendment. This resolution must be passed by a two-thirds supermajority vote of the members of each house of the General Assembly, also known as a roll-call vote. This process must occur at least two months before the election at which the proposal will be submitted to Georgia voters.
The language used in the proposal must be provided by the General Assembly in the resolution. However, if they do not provide the language, the Governor of Georgia has the authority to prescribe it. The proposal should be written in a clear and understandable manner, free of legal and technical terms, so that the majority of citizens can comprehend it.
Once the resolution is passed, 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 then published in newspapers and made available to local election officials for distribution to citizens upon request. Additionally, a copy of the entire proposed amendment must be filed in the office of the probate court judge in each county for public inspection.
It is important to note that the General Assembly has the authority to amend or repeal its own proposal for a constitutional amendment. However, this action requires the affirmative vote of two-thirds of the members of each house, and it must be taken at least two months before the election at which the proposal is to be submitted to the people.
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A constitutional convention
The Georgia Constitution outlines that amendments to the constitution or a new constitution may be proposed by the General Assembly or by a constitutional convention. A proposal by the General Assembly must be approved by at least two-thirds of the members of each house through a roll-call vote and then submitted to the electors of the entire state during the next general election. The General Assembly is also responsible for determining the procedure by which a convention is called and the rules under which it operates.
Subsequently, Georgia held constitutional conventions in 1788 and 1789 to retool its constitutional process and align it with the democratic ideals fostered by the American Revolution. These conventions aimed to increase government accountability and encourage greater political participation by the citizens of Georgia. The convention of 1788 discarded the old state charter and modelled a new constitution after the recently ratified U.S. Constitution.
The Constitution of 1789, which resulted from three separate conventions, called for another constitutional convention to be held in 1795 to consider further amendments. This convention made modifications to apportionment and procedural activities in the legislature and designated Louisville as the permanent state capital.
In addition to state-level conventions, Georgia also participated in the ratification of the U.S. Constitution through a special convention in Augusta in 1788. This convention ratified the Constitution and its ten amendments, contributing to the establishment of a stronger central government.
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The Governor
While the Governor of Georgia does not have the right to propose an amendment to the state's constitution, they play a significant role in the process.
Firstly, the Governor is a vital part of the "Constitutional Amendments Publication Board." This board, which also includes the Lieutenant Governor and the Speaker of the House of Representatives, is responsible for deciding whether the proposal summary should be published in up to 20 additional newspapers across the state. This decision is based on the newspapers' qualifications for being selected as the official organ of a county.
Secondly, the Governor has the authority to prescribe the language used in submitting a proposed amendment if the General Assembly has not provided specific language in its resolution. This ensures that the proposal is communicated effectively and clearly to the public.
Additionally, the Governor's signature is required for any amendment to the constitution. This is outlined in Article III, Paragraph XI, which states that the Governor's signature is necessary unless there is a two-thirds' vote to override the veto or submit proposed constitutional amendments.
Lastly, it is important to note that the Governor of Georgia is not entitled to receive any retirement benefits if they cease to hold office for any reason other than medical disability. This is specified in Article III, Paragraph V-A, which states that no past, present, or future Governor shall receive retirement benefits based on involuntary separation from employment as a result of leaving office.
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The Constitutional Amendments Publication Board
In Georgia, a proposed constitutional amendment must first be approved by a two-thirds supermajority of the members elected to each house of the General Assembly. The proposed amendment is then submitted to Georgia voters during the next general election held in even-numbered years.
The ballot for any proposed constitutional amendment in Georgia must display a short title or heading (15 words or fewer, printed in boldface). This title must be prepared by the Constitutional Amendments Publication Board, which is comprised of the Governor, Lieutenant Governor, and Speaker of the House of Representatives. At least two of these three members must approve the title.
In addition to publishing this summary, the Secretary of State must print and provide copies to local election officials, who are responsible for distributing them to any citizen who requests one. Georgia law does not require a comprehensive state voter information pamphlet for proposed constitutional amendments beyond this summary. The state supreme court has held that it lacks jurisdiction to consider pre-election challenges to proposed amendments.
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Georgia voters
In Georgia, amendments to the state constitution can be proposed by the General Assembly or by a constitutional convention. A proposed amendment must first be approved by a two-thirds supermajority of the members of each house of the General Assembly. The Governor does not have the right to veto any proposal by the General Assembly or a convention to amend the Constitution.
Once an amendment has been proposed, a summary of the proposal must be published in newspapers before the election. This summary is prepared by the Constitutional Amendments Publication Board, which consists of the Governor, Lieutenant Governor, and Speaker of the House of Representatives. The summary must be written in a way that is easy for citizens to understand and must also indicate that the full text of the proposed amendment is available in the office of the probate court judge in each county.
After the summary has been published, the Secretary of State must print and provide copies to local election officials, who must distribute them to citizens upon request. The ballot for the proposed amendment must include a short title or heading (15 words or less, in boldface) that describes the substance of the proposal. The ballot language may be drafted by the legislature, and a summary of the amendment is jointly prepared by the Attorney General, Legislative Counsel, and Secretary of State.
Finally, the proposed amendment is submitted to Georgia voters at the next general election held in even-numbered years. An amendment to the state constitution proposed by the state legislature must be approved by Georgia voters.
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Frequently asked questions
The General Assembly or a constitutional convention can propose an amendment to the Georgia Constitution.
A proposed amendment must first be approved by a 2/3 supermajority of the members elected to each house of the General Assembly. The proposal is then submitted to Georgia voters during the next general election in an even-numbered year.
The Constitutional Amendments Publication Board, comprising the Governor, Lieutenant Governor, and Speaker of the House of Representatives, is responsible for preparing the ballot title or heading for any proposed constitutional amendment. The title must be approved by at least two of these three members.
The ballot must include a short title or heading (no more than 15 words, in boldface) that describes the substance of the proposal. It also includes a summary of the amendment, jointly prepared by the Attorney General, Legislative Counsel, and Secretary of State.
No, the Governor does not have the right to veto any proposal by the General Assembly or a convention to amend the Constitution.
