GeorgiaHB 4262025-2026 Regular SessionHouse

Courts; nonpartisan election of magistrates; provide

Sponsored By: James Burchett (Republican), Chuck Efstration (Republican), Kimberly New (Republican), Holt Persinger (Republican), Mitchell Scoggins (Republican), Tyler Paul Smith (Republican)

Became Law

JudiciaryEthicsGeneral Bill

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Judicial races on nonpartisan ballots

Nonpartisan elections for judges and magistrates run with the general primary in even-numbered years. Candidate names go on the nonpartisan part of the ballot. Parties and petitions do not nominate these candidates. For local offices already set by local law to use nonpartisan primaries, the separate nonpartisan primary is removed. Those offices are elected in a single nonpartisan election held with the general primary. These changes take effect July 1, 2025.

Most changes start 2025; more 2027

Most of the law takes effect July 1, 2025. A later section starts January 1, 2027 only if voters approve a state constitutional change to make probate judge elections nonpartisan. If that amendment is not approved, this Act repeals itself. Where there is a conflict at ratification, this Act and the amendment control. All conflicting laws are repealed to the extent of the conflict.

New nonpartisan rules for magistrates

County voters elect the chief magistrate at the general election before the term ends. The term starts on January 1 after the election and runs four years. Other magistrates are appointed by the chief magistrate with consent of superior court judges. Their terms line up with the chief magistrate’s term. Starting July 1, 2025, no local law can set partisan elections for any magistrate.

Sponsors & Cosponsors

Sponsors

  • James Burchett

    Republican • House

  • Chuck Efstration

    Republican • House

  • Kimberly New

    Republican • House

  • Holt Persinger

    Republican • House

  • Mitchell Scoggins

    Republican • House

  • Tyler Paul Smith

    Republican • House

Cosponsors

  • Rick Williams

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 186 • No: 92

Senate vote 3/21/2025

MOTION TO ENGROSS: HB 266, HB 426

Yes: 32 • No: 22

Senate vote 3/21/2025

PASSAGE

Yes: 43 • No: 11

House vote 3/4/2025

PASSAGE

Yes: 111 • No: 59

Actions Timeline

  1. Effective Date

    7/1/2025
  2. House Date Signed by Governor

    5/14/2025House
  3. Act 302

    5/14/2025
  4. House Sent to Governor

    4/7/2025House
  5. Senate Engrossed

    3/21/2025Senate
  6. Senate Third Read

    3/21/2025Senate
  7. Senate Passed/Adopted

    3/21/2025Senate
  8. Senate Read Second Time

    3/18/2025Senate
  9. Senate Committee Favorably Reported

    3/13/2025Senate
  10. Senate Read and Referred

    3/6/2025Senate
  11. House Third Readers

    3/4/2025House
  12. House Passed/Adopted

    3/4/2025House
  13. House Committee Favorably Reported

    2/21/2025House
  14. House Withdrawn, Recommitted

    2/19/2025House
  15. House Second Readers

    2/18/2025House
  16. House First Readers

    2/13/2025House
  17. House Hopper

    2/12/2025House

Bill Text

  • HB 426/AP* (v3)

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