Amendment 2: Probate judges run without a party labelProbate judges run in nonpartisan races, with no party next to their names
Read the full text of the measure: Secretary of State's 2026 constitutional amendments booklet (PDF)
In plain words
Each of Georgia's 159 counties has a probate judge. Probate judges handle wills and estates, appoint guardians, and issue marriage licenses and weapons carry licenses; some also hear traffic and minor criminal cases. Almost every other judge in Georgia already runs without a party label. In 53 counties, probate judges still run as Republicans or Democrats. This amendment makes all probate judge races nonpartisan. (gpb.org )
Before and after
| Question | Today | If it passes |
|---|---|---|
| Counties where probate judges run with a party label | 53 of 159 | 0 |
| Counties where probate judges already run nonpartisan | 106 (set by local laws) | All 159 (set by the constitution) |
| Party primaries for probate judge | Held in the 53 partisan counties | None; all candidates run in a nonpartisan race |
Numbers from the official ballot title (ballot title ); also see (gpb.org )
Biggest change
- Probate judges would be the last Georgia judges to switch to nonpartisan races. Supreme Court, Court of Appeals, superior, state and magistrate judges already run without party labels. source: roughdraftatlanta.com
Who it affects most: Voters and probate judge candidates in the 53 counties that still hold partisan probate races.
Cost to the state: No cost estimate was published. None found.
Our plain-words summary. Every line points to its source.
What your vote means
All probate judges run without a party label, including in the 53 counties where they run as Republicans or Democrats today.
Probate judges in those 53 counties keep running with a party label unless a local law changes it.
Our one-line summary. Georgia does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a simple majority of the votes cast on it.
- The House passed it 147-20 on Feb. 11, 2026. In the Senate it first fell short of the two-thirds needed (31-18 on March 19) after Democrats said they had been left out of talks, then passed on a later vote. source: ballotpedia.org
- Gov. Brian Kemp signed HR 251 on May 12, 2026. (A governor's signature is not required for an amendment.) source: roughdraftatlanta.com
- Most counties have already made their probate races nonpartisan through local laws. source: gpb.org
Why supporters want it
- Rep. Kimberly New (R-Villa Rica), the sponsor: "judges should serve the law, not a political party." source: ajc.com
- Georgia Supreme Court Chief Justice Nels Peterson: "Requiring any of us to publicly and formally align ourselves with a political party can only undermine" the public's view of judges as fair. source: gpb.org
- An open letter from more than 60 leaders, including former governors Roy Barnes (D) and Nathan Deal (R): "Judges should answer to the law and the Constitution — not to partisan political pressure." source: gpb.org
Why opponents object
- Rep. Charlice Byrd (R-Woodstock), who voted no, says party labels tell voters something about candidates: "we need to know as individuals where you stand on issues." Byrd says the 53 counties can switch with local laws if they want to. source: gpb.org
- In the Senate debate, a senator argued nonpartisan races usually draw fewer voters, and that voters can deal with concerns about a judge at the ballot box under the current system. source: cpo.soar.com
Who backs each side
- For: Rep. Kimberly New, Chief Justice Nels Peterson, former governors Roy Barnes and Nathan Deal, and mayors of Augusta, Columbus, Albany, Athens and other cities who signed the open letter. Against: Rep. Charlice Byrd and other no voters in the House. The county government association takes no position. No public record found of campaign money for either side. source: gpb.org
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the Secretary of State's official amendments booklet .
Official wording to come. We publish it only after checking it word for word against the official file.
Official text to come: it has not been copied word for word from the Secretary of State's booklet yet.
Latest news
Recent reporting from a range of outlets, newest first. We link to it; we don't endorse it.
No articles collected yet for this measure.
Full text of the measure
The full text is on file with the probate judge in each county and in the Secretary of State's 2026 Constitutional Summaries booklet. It changes Article VI, Section VII, Paragraph I(a) of the Georgia Constitution. Read it in the Secretary of State's 2026 constitutional amendments booklet (PDF) .
Read more
- Secretary of State: 2026 Constitutional Amendments summaries booklet (PDF)
- GPB / Georgia Recorder: probate judges amendment
- Rough Draft Atlanta: the probate judge amendment
- News4JAX: 2026 Georgia amendments voter guide
We link to analysis from several sources; we don't endorse it.