How Do Georgia Constitutional Amendments Work?

When Georgians go to the polls on November 3, they’ll vote on three proposed changes to the state constitution. Most voters know what a law is. Fewer know how the constitution gets changed, or why the final decision lies with voters. Here’s a quick guide.

Q: What is a constitutional amendment?

A: It’s a change to Georgia’s constitution, the state’s top-level rulebook. Every law the General Assembly passes has to fit inside the constitution. Amending it takes two steps: lawmakers propose the change, and voters decide whether to adopt it.

Q: Is this direct democracy, like a citizen initiative?

A: In some states, such as California and Florida, citizens can gather signatures to put their own proposals on the ballot. Georgia uses legislative referrals rather than citizens’ initiatives. Only the legislature can place an amendment on the ballot, and voters decide whether it passes.

Q: How does an amendment get on the ballot?

A: It follows these steps:

1. A legislator introduces a resolution, not a regular bill.
2. Two-thirds of the members of each chamber must vote yes on a recorded roll-call vote. That’s at least 120 of 180 House members and 38 of 56 senators.
3. The governor’s approval is not required. The constitution says the governor cannot veto a proposed amendment.
4. The amendment goes on the ballot at the next general election in an even-numbered year.
5. If a simple majority of voters say yes, the amendment becomes part of the Constitution.

Q: Is that all it takes?

A:  No. Many amendments only give permission. For example, an amendment might say the legislature “may” create a fund. The details still have to be written into an ordinary law, called enabling legislation. That bill requires a simple majority of each chamber and goes through the ordinary legislative process, including review by the governor. 

Q: How can voters learn what they’re voting on?

A: A: The Attorney General, the Legislative Counsel and the Secretary of State prepare plain-language summaries. These are published in newspapers in the weeks before the election, and the full text is available at every county probate court. The Secretary of State also posts the summaries online. On the ballot itself, voters see only a short yes-or-no question, so it pays to read up ahead of time.

Q: Why amend the constitution instead of just passing a law?

A: A law can’t override the constitution. If the constitution forbids something, or puts a decision out of lawmakers’ reach, the only way forward is an amendment. Georgia’s constitution is far more detailed than the U.S. Constitution. It covers taxes, budgets, schools, courts and local government in fine detail. Common reasons for amending it include:

• The constitution forbids it. Georgia’s constitution generally bars “earmarking,” which means locking a tax or fee into a single use. Existing exceptions allow some dedicated state funds, but a proposal that falls outside those exceptions requires an amendment.
• A court struck down a law. In 2011, the Georgia Supreme Court ruled 4–3 that a state law creating state charter schools violated the constitution’s provision on local control of schools. Lawmakers responded with a 2012 amendment to allow the state to approve charter schools, which voters approved 58.6% to 41.4%.
• The constitution is very precise about it. The constitution includes specific numbers, like acreage caps for certain tax breaks. Changing them takes an amendment.
• Lawmakers want it to last. A future legislature can repeal a law with a simple majority. An amendment can only be undone by another amendment, which takes two-thirds of the legislature and a statewide vote. For example, in 2014 voters approved an amendment barring lawmakers from raising the income tax rate above 6%. The top rate was already 6%, so nothing changed at the time, but it made a future tax hike much harder.

Q: Haven’t Georgians always voted on lots of amendments?

A: Yes, and it used to be more common. By the mid-1970s, Georgia’s constitution was the longest in the nation, with more than 800 amendments. Many were local amendments that applied to just one county, city or school district. Changing a local rule often meant amending the state constitution.

A 1976 revision under Gov. George Busbee reorganized the document but changed little. A full rewrite followed: lLawmakers approved a new constitution in 1981, voters ratified it on November 2, 1982, and it took effect July 1, 1983. Its biggest reform was banning new local amendments. Local matters are now handled by ordinary local laws or local home-rule ordinances.

Q: How often has the current constitution been amended?

A: The 1983 constitution had been amended 93 times through 2024. Most amendments pass, since a proposal that wins two-thirds of both chambers usually has support from both parties. But voters do say no. In 2016, they rejected Gov. Nathan Deal’s Opportunity School District amendment, which would have allowed a state takeover of chronically failing schools, 60% to 40%.

Q: What’s on the ballot this year?

A: Three amendments:

• Amendment 1 would raise the cap on farm and timber land eligible for conservation-use property tax treatment from 2,000 to 4,000 acres.
• Amendment 2 would require probate judges statewide to be elected in nonpartisan races.
• Amendment 3 would allow the legislature to create a dedicated Next Generation 9-1-1 Fund.

We take a closer look at each one in separate posts.