IN THE PROFESSION
Changing Georgia ' s Constitution: From the Gold Dome to the Ballot Box
KEVIN HOLDER Executive Director Council of Probate Judges of Georgia kevin. holder @ georgiacourts. gov
Changing Georgia’ s Constitution is intentionally difficult. Unlike ordinary legislation, a proposed constitutional amendment must receive a two-thirds vote in both chambers of the General Assembly before Georgia voters have the final say. If a majority voting on the question approves it, the amendment becomes part of the Constitution.
This November, voters will consider a ballot initiative, which proposes requiring all Georgia probate judges to be elected in nonpartisan elections. Sponsored in the House by Rep. Kimberly New, HR 251 received overwhelming bipartisan support( 147-20 in the Georgia House and 46-0 in the Georgia Senate) on its way to achieving final passage during the 2026 legislative session and now advances to voters.
The proposal addresses an unusual distinction within Georgia’ s judiciary. Most Georgia judges are already elected on a nonpartisan basis, while some probate judges continue to run with party labels. Probate courts handle consequential matters including wills and estates, guardianships, conservatorships and proceedings affecting vulnerable Georgians.
Support for the amendment has come from across Georgia’ s legal and judicial communities. The Council of Probate Court Judges of Georgia, which represents the state’ s probate judiciary, supports the change. In addition, it also is supported by the Judicial Council of Georgia, which is chaired by Chief Justice Nels Peterson, and the Council of Magistrate Court Judges of Georgia. Former Governors Roy Barnes and Nathan Deal, from different political parties, have also jointly supported the proposal, arguing that courts should remain impartial and separate from partisan political influence.
10 SEPTEMBER / OCTOBER 2026