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Amendment 2: Nonpartisan Elections for Probate Judges

Statewide — all of Georgia

General election · Tuesday, November 3, 2026

  • Referred to the ballot by the General Assembly as House Resolution 251 (2026). The House passed it 147-20. In the Senate it first fell short of the required two-thirds majority, 31-18, because Democrats said they would not vote for it given a lack of compromise between the parties that session (GPB); it achieved final passage on March 31, 2026, with the Senate voting 46-0.[1][2][4][6]

The question on the ballot

Shall the Constitution of Georgia be amended so as to require that all probate court judges be elected in nonpartisan elections?[5]

The amendment would require that all probate court judges in Georgia be elected in nonpartisan elections. The Secretary of State's summary says it amends Article VI, Section VII, Paragraph I of the Georgia Constitution by revising subparagraph (a). Probate judges are the last judicial office in which candidates run with a party label: 53 of the state's 159 county probate judges run on a Republican or Democratic ticket, and the majority of counties have made probate judge races nonpartisan through local legislation (GPB). No official fiscal estimate was retrieved.[5][1][6]

A YES vote means

Requires probate judges to be elected in nonpartisan elections (without party labels) throughout Georgia.

A NO vote means

Leaves the Constitution unchanged: nonpartisan election of probate judges is not constitutionally required, and counties continue under existing law.

The law today

The Georgia Constitution (Article VI, Section VII, Paragraph I) provides that superior and state court judges, Supreme Court justices and Court of Appeals judges are elected on a nonpartisan basis, while other judges, including probate judges, are chosen as provided by local law. Per GPB, 53 of Georgia's 159 county probate judges run on a Republican or Democratic ticket and the majority of counties have made probate races nonpartisan through local legislation; probate judges serve four-year terms.[7][1][5]

Read the full text of the measure ↗

Arguments made for

  • Sen. Brian Strickland (R-McDonough) said in Senate debate: "A probate court is a place that so many citizens interact with after, of course, dealing with the states and other matters, and I think it helps encourage, overall, more confidence in our judicial system to have judges elected in a nonpartisan way."[2]
  • An open letter to voters from former officials and judges states: "Probate judges serve an important and uniquely personal role in our communities and touch the lives of citizens across the political spectrum... These responsibilities are not inherently political." The letter quotes Chief Justice Nels S.D. Peterson: "Requiring any of us to publicly and formally align ourselves with any political party can only undermine the public's perception of judicial impartiality."[3]

Arguments made against

  • State Rep. Charlice Byrd (R-Woodstock), who voted against the resolution, said making races nonpartisan takes information away from voters: "It makes my skin go crawling and my hair stand up because I believe that we need to know as individuals where you stand on issues." Byrd said that if the remaining 53 counties want nonpartisan probate judge races, they should make the change through local legislation as other counties have.[1]

On record in support

  • Georgia Supreme Court Chief Justice Nels S.D. Peterson, who asked the legislature to pass HR 251 in his State of the Judiciary address[8]
  • Former Gov. Roy Barnes (D) and former Gov. Nathan Deal (R), among more than 60 current and former officeholders who signed an open letter backing the measure[8][3]
  • Sen. Brian Strickland (R-McDonough), who urged the Senate to pass HR 251[2]

On record in opposition

  • Rep. Charlice Byrd (R-Woodstock), one of 20 House members who voted against the resolution[1]

Research notes & limits

The Georgia Secretary of State's 2026 Constitutional Summaries booklet (sos.ga.gov) returned 403 to automated requests and was not loaded; the ballot question and the Secretary of State's summary are taken from WJXT News4JAX's Oct. 8, 2026 voter guide, which quotes them, and the three-amendment slate is confirmed by that guide and the AJC (Aug. 10, 2026). Georgia has no citizen initiative and publishes no voter-pamphlet arguments. Amendments pass with a simple majority of those voting on the question. The only argument against found is one legislator's statement, which was verified in the original GPB/Georgia Recorder report. Democrats' stated reasons for withholding votes in the first Senate vote (GPB, March 20) were about the legislative session, not the measure. The open letter is an advocacy statement by its signatories, listed as a candidate-kind source because it is a primary statement from the supporters. Enrichment: no campaign committee, campaign-finance filing or official fiscal note was found. GPB reports that the association lobbying for county governments (ACCG) is neutral on the question. No second attributed argument against was found beyond Rep. Byrd's statement. The Secretary of State's own booklet URL returns 403 to automated requests, so the identical booklet hosted by Gordon County is cited.

Sources · 8

Researched 2026-10-19. Green citations are official government records.

  1. 1.Ballot question in November would make Georgia's probate judges nonpartisan · Georgia Public Broadcasting / Georgia Recorder · 2026-09-23 News report
  2. 2.Lawmakers Day 34: Senate OKs gas tax bill, House passes bill on trafficking at short · Georgia Public Broadcasting · 2026-03-20 News report
  3. 3.An Open Letter to the Voters of Georgia (nonpartisan probate judge elections) · Letter signed by former officials, judges and civic leaders (published by Georgia Recorder) · 2026-09 Candidate's own words
  4. 4.Week 12 Legislative Report (April 8, 2026) · Judicial Council of Georgia, Administrative Office of the Courts · 2026-04-08 Official record
  5. 5.2026 Voter's Guide: Georgia Constitutional Amendments · WJXT News4JAX · 2026-10-08 News report
  6. 6.Here are state constitutional amendments Georgians will vote on in November · Atlanta Journal-Constitution · 2026-08-10 News report
  7. 7.Proposed Constitutional Amendments, General Election November 3, 2026 (Constitutional Summaries booklet; copy hosted by Gordon County) · Georgia Secretary of State / Attorney General / Legislative Counsel · 2026-09 Official record
  8. 8.Ballot measure would remove party labels from probate judge elections · Capitol Beat News Service · 2026-10-15 News report