Georgia does not have statewide initiatives or veto referendums but has legislatively referred amendments. Following approval by a legislative supermajority, a proposed amendment must be submitted to voters at the next general election falling on an even-numbered year. The legislature may draft the ballot language. A summary of the amendment is jointly prepared by the Attorney General, Legislative Counsel, and Secretary of State, for publication in newspapers before the election. Georgia’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, and the state supreme court has held that it lacks jurisdiction to consider pre-election challenges to proposed amendments. The court has also shown great deference to ballot language prepared by the state legislature.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Georgia
Georgia does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the state legislature must be approved by Georgia voters. Ga. Const. art. X, § 1, ¶ II.
Election Timing
A proposed constitutional amendment must first be approved by a 2/3 supermajority of the members elected to each house of the General Assembly. The proposed amendment is then submitted to Georgia voters “at the next general election which is held in the even-numbered years.” See Ga. Const. art. X, § 1, ¶ II.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any proposed constitutional amendment in Georgia must display the following.
- A short title or heading (15 words or less, printed in boldface). See Code § 50-12-101(c).
- The title must “describe in summary form the substance of the proposal.”
- It is prepared by the Constitutional Amendments Publication Board: comprised of the Governor, Lieutenant Governor, and Speaker of the House of Representatives. See id. 50-12-100. The title must be approved by at least two of these three members. See id.
- A “brief form” of the amendment. See Code § 21-2-285(f).
- Under the state constitution, the General Assembly may provide this language in its underlying resolution, but if not, the ballot form shall be “in such language as the Governor may prescribe.” Const. art. X, § 1, ¶ II. Pursuant to statutes, however, if the General Assembly fails to provide the brief form, it “shall be determined by the Secretary of State.” Ga. Code §§ 21-2-285(f), 50-12-101(c).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
A summary of the amendment is prepared by the Attorney General, Legislative Counsel, and Secretary of State, and is published in the official publication of each county once a week for three consecutive weeks before the election. See Ga. Const. art. X, § 1, ¶ II. If deemed advisable by the Constitutional Amendments Publication Board—comprised of the Governor, Lieutenant Governor, and Speaker of the House of Representatives—the summary is also published in “not more than 20 other newspapers in the state.” See id; see also Ga. Code § 50-12-100.
Once the summary is prepared, the Secretary of State must issue a press release stating that a summary is available for distribution to interested citizens and advising them how to request a copy. See id. § 21-2-4(b). The Secretary must distribute this press release to print and broadcast media throughout the state and must actively seek cooperation from the media in publicizing the availability of a summary. See id. The Secretary may also post a copy on the internet and/or release a copy via audio tapes, CDs, or other media. Id. sub. (d).
Voter Information Pamphlet
As noted, a summary of the proposed amendment prepared by the Constitutional Amendments Publication Board is published in newspapers before the election. See Ga. Const. art. X, § 1, ¶ II. The summary must provide an explanation of each proposed amendment “in language free of legalistic and technical terms, to the end that [it] may be read and understood by the majority of citizens[.]” Ga. Code § 21-2-4(a). The summary must also indicate that the full text of the proposed amendment is available in the office of the probate court judge in each county. Ga. Const. art. X, § 1, ¶ II. In addition to publishing this summary, the Secretary of State must print and provide copies to local election officials, who must distribute a copy to any citizen who requests one. See Ga. Code § 21-2-4(a), (c).
Beyond this summary, Georgia law does not require a comprehensive state voter information pamphlet for proposed constitutional amendments.
JUDICIAL REVIEW
When and how can the court step in?
Georgia’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but limited judicial review may be available under other channels. The Georgia Supreme Court has held it lacks jurisdiction to consider pre-election challenges to proposed amendments, such as actions to enjoin proposed amendments from appearing on the ballot. See O’Kelley v. Cox, 604 S.E.2d 773, 774 (Ga. 2004). In post-election challenges, the court has held that ballot language prepared by the General Assembly need only be adequate to indicate which amendment was subject to a vote. See, e.g., Donaldson v. Dep’t of Transp., 414 S.E.2d 638, 640 (Ga. 1992).
Sample case: Donaldson v. Dep’t of Transp., 414 S.E.2d 638 (Ga. 1992) (rejecting a post-election challenge arguing a proposed amendment’s ballot language was misleading; holding the only limitation on the General Assembly in drafting ballot language is that the language be adequate to enable voters to ascertain which amendment they are voting on: a standard that was undoubtedly met in this case).