Georgia Amendment 2: Nonpartisan Elections for Probate Judges

Q: What does Amendment 2 do?

A: It would require every probate judge in Georgia to be elected in a nonpartisan election. Candidates would appear on the ballot without a “Republican” or “Democrat” label next to their names.

Q: What exactly will the ballot say?

A: “Shall the Constitution of Georgia be amended so as to require that all probate court judges be elected in nonpartisan elections?”

Q: What does a probate judge do?

A: Every Georgia county has a probate court. Probate judges handle wills and estates, guardianships and conservatorships, and involuntary commitments. They also issue marriage licenses and weapons carry licenses, and in some counties they hear traffic cases or run elections. For many Georgians, the probate court is the court they’re most likely to deal with directly.

Q: How are other judges in Georgia elected?

A: Georgia’s constitution already requires nonpartisan elections for Supreme Court justices, Court of Appeals judges, superior court judges and state court judges. A 2025 state law did the same for magistrates. That leaves probate judges as the only Georgia judges who can still be elected on a partisan basis, depending on the county. Amendment 2 would add one sentence to the constitution (Article VI, Section VII, Paragraph I) to cover them.

Q: Why does this need a constitutional amendment?

A: The constitution is where Georgia spells out which judges are chosen in nonpartisan races. Adding probate judges to that list sets a single statewide rule. Without it, the election format can vary from county to county under local laws.

Q: What are the arguments for it?

A: Supporters say judges should be impartial and that party labels don’t belong in courtrooms. They also note that Georgia already treats nearly every other judgeship this way, so the change makes the system consistent.The proposal drew bipartisan support. Cherokee County Probate Judge Keith Wood and other judges testified in favor, and former Govs. Nathan Deal (R) and Roy Barnes (D) backed it in a letter to lawmakers. It passed the House 147–20 and the Senate 46–0.

Q: What are the arguments against it?

A: In down-ballot races, a party label is one of the few cues many voters have about a candidate. Removing it could leave some voters with less information when choosing a probate judge. Opponents in the Senate also argued that nonpartisan races, which Georgia holds alongside the May primaries, tend to draw fewer voters, and that partisan ballots already let voters hold judges accountable. There’s a local-control argument, too: today a county can move its probate races to nonpartisan through a local act, and the amendment would replace that county-by-county choice with one statewide rule. Political parties also lose a way to identify their candidates, and local election offices would need to update ballots and voter guidance.

Q: Would it change probate judges’ terms or duties?

A: No. Their term lengths stay governed by existing provisions of the constitution, and their duties and jurisdiction don’t change. The amendment changes only how they’re elected.

Q: How did lawmakers vote?

A: House Resolution 251 passed the House 147–20 on February 11, 2026. In the Senate, it took a reconsideration vote before final passage, 46–0, on March 31, 2026. Rep. Kimberly New was the lead author, and Sen. Brian Strickland carried it in the Senate.

Q: What does a yes or no vote mean?

• Yes: All probate judges would be elected in nonpartisan races.
• No: Probate judge elections stay as they are now, which is partisan in many counties.