Georgia Amendment 4, Marsy's Law Crime Victim Rights Amendment (2018)

Elections in Georgia, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 9
• Early voting: Oct. 15 - Nov. 2
• Absentee voting deadline: Nov. 6

• Online registration: Yes
• Same-day registration: No
• Voter ID: Photo ID required
• Poll times: 7:00 a.m. to 7:00 p.m.

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Georgia Amendment 4
Election date November 6, 2018
Topic Law enforcement
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Georgia measuresGeorgia Amendment 1Georgia Amendment 2Georgia Amendment 3Georgia Amendment 4Georgia Amendment 5Georgia Referendum AGeorgia Referendum BSubmit

Georgia Amendment 4, the Marsy's Law Crime Victim Rights Amendment, was on the ballot in Georgia as a legislatively referred constitutional amendment on November 6, 2018. It was approved.

A "yes" vote supported this measure to add specific rights of crime victims, together known as a Marsy's Law, to the Georgia Constitution.

A "no" vote opposed this measure to add specific rights of crime victims, together known as a Marsy's Law, to the Georgia Constitution.

This measure is part of a national effort to enact similar Marsy's Law amendments. Measures concerning Marsy's Law crime victim rights amendments were put on the ballot in six states for 2018 elections. Electors in all six states voted to approve the amendments. Read more about Marsy's Law here »

Election results

Georgia Amendment 4
Result		Votes	Percentage
Yes		3,068,352	80.93%
No		723,220	19.07%

Results are officially certified.

Source

Overview

What changed under the Georgia Marsy's Law Amendment?

Amendment 4 was designed to add a Paragraph XXX, a variation of a Marsy's Law, to Section 1 of Article I of the Georgia Constitution. The paragraph was written to, upon request, provide crime victims with specific rights, including the right to be treated with fairness, dignity, and respect; the right to notice of all proceedings involving the alleged criminal; the right to be heard at any proceedings involving that release, plea, or sentencing of the accused; and the right to be informed of their rights. The amendment also explicitly stated that the legislature was able to further define, expand, and provide for the enforcement of the rights. The amendment also contained provisions preventing its use to justify a legal action against the state or any state officials, a challenge to a verdict or sentence in a criminal case, an appeal of any criminal court decision or proceeding, and the ability to be a party in any criminal proceeding beyond what was explicitly allowed by the amendment.

The implementing legislation for the amendment was Senate Bill 127, a companion bill to the proposed constitutional amendment that outlines specific details in the Official Code of Georgia Annotated. The bill concerned the rights of a crime victim to file a motion in a criminal case to assert certain rights.

Crime Victims Rights in Georgia

Going into the election, Georgia had a Crime Victims Bill of Rights which provided victims of certain crimes specific rights. The Crime Victims Bill of Rights was not in the Georgia Constitution but rather existed as a state statute. The Crime Victims Bill of Rights applied to victims of crimes including homicide, assault, kidnapping, sexual offenses, stalking, and fraud.

The Status of Marsy's Law in the United States

Henry Nicholas, founder of Marsy's Law for All, funded this effort. Marsy's Law was named after Henry Nicholas's sister, Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. Henry Nicholas was behind legislative proposals for the law in Georgia, Hawaii, Idaho, Nevada, and other states. Going into the election, he had spent spent at least $27 million on support campaigns for the previous Marsy's Law measures that were on ballots in six states. Going into the election, five states featured a Marsy's Law constitutional amendment—California, Ohio, Illinois, North Dakota, and South Dakota. Montana passed Marsy's Law, but it was later overturned. Nevada, Florida, Oklahoma, Kentucky, Georgia, and North Carolina also voted on Marsy's Law in 2018. Voters approved all six 2018 measures, but an initial court ruling before the election invalidated the Kentucky measure, and, ultimately, the Kentucky Supreme Court invalidated the measure.

Who supported and opposed this measure?

Ballotpedia identified one committee—Marsy's Law for Georgia LLC—registered to support this amendment. The committee, which is chaired by Henry Nicholas, was registered on April 5, 2018. The committee raised $8.73 million and spent $8.67 million. Two donors provided 100 percent of the contributions— Marsy's Law For All gave $8.38 million and Henry Nicholas gave $350,000.

Ballotpedia did not identify any committees registered in opposition to the measure.

Text of measure

Ballot title

The ballot title for Amendment 4:

“

Shall the Constitution of Georgia be amended so as to provide certain rights to victims against whom a crime has allegedly been perpetrated and allow victims to assert such rights?

”

Ballot summary

The ballot summary for Amendment 4 was as follows:

“

This proposal recognizes certain rights of victims against whom a crime has been perpetrated and provides for the enforcement of such rights. It amends Article 1, Section I of the Georgia Constitution by adding a new Paragraph XXX. A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.

”

Constitutional changes

See also: Section 1, Article I, Georgia Constitution

Amendment 4 was written to add a Paragraph XXX to Section 1 of Article I of the Georgia Constitution. The following was added: Note: Hover over the text and scroll to see the full text.

Paragraph XXX. Rights of certain individuals.

Paragraph XXX. Rights of certain individuals. (a) For the purpose of this Paragraph, a victim shall be considered an individual against whom a crime has allegedly been perpetrated, including crimes alleged as delinquent acts. Such victims shall be accorded the utmost dignity and respect and shall be treated fairly by the criminal justice system of this state and all agencies and departments that serve such system. When the crime is one against or involving the person of the victim or is a felony property crime, such victim shall be afforded the following specific rights:

(1) The right upon request to reasonable, accurate, and timely notice of any scheduled court proceedings involving the alleged act or changes to the scheduling of such proceedings;

(2) The right upon request to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused;

(3) The right not to be excluded from any scheduled court proceedings involving the alleged act;

(4) The right upon request to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused; and

(5) The right to be informed of his or her rights.

(b) A victim described in subparagraph (a) of this Paragraph shall have the right to assert the rights enumerated in subparagraph (a) of this Paragraph. The General Assembly shall provide by general law the process whereby such victim may assert the rights provided by subparagraph (a) of this Paragraph by motion within the same criminal or delinquency proceeding giving rise to such rights. At the hearing on such motion, such victim may be represented by an attorney, but neither the state nor any of its political subdivisions shall be obligated to appoint an attorney to represent him or her. The General Assembly shall provide by general law the process whereby a family member, guardian, or legal custodian of a victim when he or she is a minor, legally incapacitated, or deceased may assert the rights of such victim.

(c) This Paragraph shall not:

(1) Create any cause of action against the State of Georgia; any political subdivision of the State of Georgia; any officer, employee, or agent of the State of Georgia or of any of its political subdivisions; or any officer or employee of the court;

(2) Confer upon any victim the right to:

(A) Appeal any decision made in a criminal or delinquency proceeding;

(B) Challenge any verdict or sentence entered in a criminal or delinquency proceeding; or

(C) Standing to participate as a party in a criminal or delinquency proceeding other than to file a motion as provided in subparagraph (b) of this Paragraph;

(3) Restrict the authority of the General Assembly, by general law, to further define or expand upon the rights provided in this Paragraph or to regulate the reasonable exercise thereof; or

(4) Restrict the inherent authority of the courts to maintain order in the courtroom.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 16, and the FRE is 35. The word count for the ballot title is 30, and the estimated reading time is 8 seconds. The FKGL for the ballot summary is grade level 13, and the FRE is 42. The word count for the ballot summary is 64, and the estimated reading time is 17 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Marsy's Law for Georgia led the campaign in support of Amendment 4.

Supporters

The following organizations endorsed Marsy's Law for Georgia or have otherwise indicated support for Amendment 4:

Officials

• U.S. Sen. David Perdue (R)
• U.S. Sen. Johnny Isakson (R)
• U.S. Rep. John Lewis (D)
• U.S. Rep. Tom Graves (R)
• U.S. Rep. Rob Woodall (R)
• U.S. Rep. Doug Collins (R)
• U.S. Rep. Earl "Buddy" Carter (R)
• U.S. Rep. Drew Ferguson]] (R)

Organizations

• The Still Standing Foundation
• Fellowship Community Outreach
• Childhood Domestic Violence Association of Georgia
• Classy Living Society, LLC
• National Taskforce Against Domestic Violence
• National Council on Family and Domestic Violence
• Crime Victims Advocacy Council
• Scars of Survival
• Georgia Latinos Against Domestic Violence
• Haven of Light, For Our Daughters Foundation
• R.I.S.E.
• Precious Petals Foundation by Bev Gilliard
• Watanabe F. Cody Foundation
• Sisters in Charge Women Empowerment
• Talking with Vos
• Sigma Tau Sigma
• The Stone Mountain - Lithonia Alumnae Chapter Delta Sigma Theta Sorority, Inc
• Upsilon Alpha Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated
• The Pitch Black Fashion Show
• Mama's House
• Let Your Voice Be Heard
• L4B and After Foundation & Mother's of Murdered Sons Savannah
• New Birth Missionary Baptist Church
• Voice Today
• Georgia Hispanic Chamber of Commerce
• Beverly Cunningham Foundation
• VOCAL (Victims of Crime and Leniency), Columbus, Georgia Chapter

Arguments

• South Georgia Judicial Circuit District Attorney, Joe Mulholland, said "It’s already technically part of Georgia law, but the legislature felt like being a part of the constitution is even stronger. Having that and knowing its part of the constitution, I think it gives peace of mind to prosecutors.”

• U.S. Rep. John Lewis (D), said, "When someone becomes a crime victim, it can make them feel alone and afraid. We have a responsibility to do everything in our power to return to them a sense of safety, security, and community. That is why I am supporting Marsy’s Law.”

• U.S. Rep. Tom Graves (R), said, “The people accused and convicted of crimes have strong constitutional rights, and victims should have equal rights, no more, no less. In November, I’m voting yes on Marsy’s for Law for Georgia, and I encourage Georgians in the 14th Congressional District to vote yes on Amendment 4. When I was a member of the state House, I voted to put a Victims’ Bill of Rights in state law. Marsy’s Law builds on the progress of that law by giving victims the standing to fight back if their rights are violated.”

Campaign advertisements

The following video was released by Marsy's Law for All:

Marsy's Law for All, "Why Should Voters Support Marsy's Law?"

Opposition

Arguments

The Georgia Public Policy Foundation, in a report titled "Marsy's Law of Unintended Consequences" notes the following potential consequences of adopting Marsy's Law in Georgia:

• The cost of more attorneys and support staff for victims and of detaining more people accused of crimes
• The risk of infringing the rights of someone accused of a crime
• Accusations could be falsified by purported victims
• The accused could lose their right to be presumed innocent until convicted

The Georgia Public Policy Foundation also says that "Part of being smart on crime is realizing that while law enforcement and its agencies fall short in some areas of the victim rights’ statute, that should be resolved with a targeted legislative remedy, not a constitutional amendment that quite possibly could undo years of progress."

Campaign finance

See also: Campaign finance requirements for Georgia ballot measures

Total campaign contributions:
Support:	$8,730,000.00
Opposition:	$0.00

Ballotpedia identified one committee—Marsy's Law for Georgia LLC—registered to support this amendment. The committee, which is chaired by Henry Nicholas, was registered on April 5, 2018. The committee raised $8.73 million and spent $8.67 million. Two donors provided 100 percent of the contributions— Marsy's Law For All gave $8.38 million and Henry Nicholas gave $350,000.

Ballotpedia did not identify any committees registered in opposition to the measure.

Support

Committees in support of Georgia Amendment 4, Marsy's Law Crime Victim Rights Amendment Supporting committees Cash contributions In-kind services Cash expenditures Marsy's Law for Georgia LLC $8,730,000.00 $0.00 $8,667,749.91 Total $8,730,000.00 $0.00 $8,667,749.91

Totals in support Total raised: $8,730,000.00 Total spent: $8,667,749.91

Top donors

Donor	Cash	In-kind	Total
Marsy's Law For All	$8,380,000.00	$0.00	$8,380,000.00
Henry Nicholas	$350,000.00	$0.00	$350,000.00

Opposition

Ballotpedia did not identify any committees registered in opposition to the measure.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Marsy's Law

See also: Marsy's Law crime victim rights

Marsy's Law is a type of crime victims' rights legislation. Henry Nicholas, the co-founder of Broadcom Corp., started campaigning for Marsy's Law to increase the rights and privileges of victims in state constitutions. Marsy's Law is named after Nicholas' sister, Marsy Nicholas, who was murdered in 1983.

Henry Nicholas was the sponsor of the first Marsy's Law, which was on the ballot in California as Proposition 9 in 2008. He formed the national organization, Marsy's Law for All, in 2009.

Ballotpedia identified $113.2 million in total contributions to the support campaigns for the 14 Marsy's Law ballot measures. Henry Nicholas and the organization Marsy's Law for All provided 91 percent—about 103.2 million—of the total contributions.

The following map shows the status of Marsy's Law ballot measures across the states:

California Proposition 9

Californians voted on Proposition 9 in 2008, which was the first ballot measure known as Marsy's Law. Proposition 9 required that victims and their families be notified during all aspects of the justice process, including bail, sentencing, and parole; and that authorities take a victim's safety into concern when assigning bail or conducting a parole review. Along with Henry Nicholas, Proposition 9 received support from Crime Victims United of California and the California Correctional Peace Officers Association. Proposition 9 faced opposition from the California Teachers Association, the SEIU California State Council, the California Democratic Party, and the California Federation of Teachers. Proposition 9 passed with about 54 percent of the vote and became a model for several subsequent Marsy's Law ballot measures across the United States.

Marsy's Law ballot measures

The first state to vote on Marsy's Law after California was Illinois in 2014. The constitutional amendment received 72.3 percent of the vote in Illinois.

Marsy's Law for All organized campaigns for ballot initiatives in three states in 2016—Montana, North Dakota, and South Dakota. Voters in each state approved the ballot initiative. Montana's Marsy's Law was ruled unconstitutional in 2017 because the ballot initiative, according to the court, violated the state's separate-vote requirement for constitutional amendments. In June 2018, the South Dakota Legislature asked voters to amend Marsy's Law via Amendment Y. Amendment Y, which was approved, was defined to narrow the definition of crime victim and require victims to opt-in to Marsy's Law's protections, rather than making those protections automatic.

In 2017, Marsy's Law was on the ballot in Ohio as Issue 1 and received 82.6 percent of the vote.

The number of Marsy's Law amendments in state constitutions doubled in 2018 from six to 12. The states that voted on Marsy's Law in 2018 were Florida, Georgia, Kentucky, Nevada, North Carolina, and Oklahoma. Kentucky's Marsy's Law was ruled invalid in June 2019 because the language for the ballot measure, according to the court, did not meet constitutional requirements.

The Pennsylvania General Assembly referred Marsy's Law to the ballot for the election on November 5, 2019. The Wisconsin State Legislature referred Marsy's Law to the ballot for the election on April 7, 2020.

The following table describes the outcome of votes on Marsy's Law ballot measures:

State	Measure	Year	Percent “Yes”	Percent “No”	Status
California	Proposition 9	2008	53.84%	46.16%	Approved
Illinois	Amendment	2014	78.45%	21.55%	Approved
Montana	Initiative 116	2016	66.09%	33.91%	Approved (Overturned)
North Dakota	Measure 3	2016	62.03%	37.97%	Approved
South Dakota	Amendment S	2016	59.61%	40.39%	Approved (Amended)
Ohio	Issue 1	2017	82.59%	17.41%	Approved
Florida	Amendment 6	2018	61.61%	38.39%	Approved
Georgia	Amendment 4	2018	80.93%	19.07%	Approved
Kentucky	Amendment	2018	62.81%	37.19%	Approved (Overturned)
Nevada	Question 1	2018	61.19%	38.81%	Approved
North Carolina	Amendment	2018	62.13%	37.87%	Approved
Oklahoma	State Question 794	2018	78.01%	21.99%	Approved
Average			66.44%	33.56%

Georgia Crime Victims Bill of Rights

Georgia has a Crime Victims Bill of Rights as a state statute which affords some rights for crime victims. The rights victims are afforded include:

• The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings;
• The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused;
• The right not to be excluded from any scheduled court proceedings, except as provided by law;
• The right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused;
• The right to file a written objection in any parole proceedings involving the accused;
• The right to confer with the prosecuting attorney in any criminal prosecution related to the victim;
• The right to restitution as provided by law;
• The right to proceedings free from unreasonable delay; and
• The right to be treated fairly and with dignity by all criminal justice agencies involved in the case.

Implementing legislation

The implementing legislation for the amendment is Senate Bill 127, a companion bill to the proposed constitutional amendment that outlines specific details in the Official Code of Georgia Annotated regarding the rights of a crime victim to file a motion in a criminal case to assert certain rights.

SB 127 was designed to allow a victim to make a written request to the prosecuting attorney to be notified of all proceedings of the case. If a victim makes such a request but was not notified of proceedings, he or she could file a motion requesting to be heard on the matter. Filing such a written request would be the only means of asserting and raising the rights provided under the constitutional amendment. The full text of SB 127 can be read here.

SB 127 was passed in the Senate by a vote of 54-0, with two not voting, on March 29, 2018. It passed in the House with amendments by a vote of 170-0, with four not voting and six excused, on March 27, 2018. The Senate adopted the House's amendments and passed the bill on March 29, 2018, by a vote of 54-0, with two not voting. The legislation was signed by Governor Deal on May 8, 2018, and was contingent on voter approval of the constitutional amendment on November 6, 2018.

Path to the ballot

See also: Amending the Georgia Constitution

In Georgia, a constitutional amendment must be passed by a two-thirds vote in each house of the state legislature.

On February 1, 2017, the amendment was introduced into the legislature as Senate Resolution 146. On March 3, 2017, the Senate approved an initial version of this amendment 50 to 4, with one member excused. On March 27, 2018, the state House amended the proposal through a substitute and approved it unanimously. The substitute added provisions requiring victims to opt in to many of the rights provided, added explicit restrictions on actions allowed by the amendment—for example, that the amendment could not be used to justify a challenge to a verdict or sentence in a criminal case—and explicitly allowed the legislature to provide by law for the further define, expand, or provide for the enforcement of the rights. On March 29, 2018, the Senate voted unanimously to concur with the House changes.

Vote in the Georgia House of Representatives March 27, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 120  a
	Yes	No	Not voting
Total	169	0	11
Total percent	93.89%	0.00%	6.11%
Democrat	61	0	3
Republican	108	0	8

Vote in the Georgia State Senate March 29, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 38  a
	Yes	No	Not voting
Total	55	0	1
Total percent	98.21%	0.00%	1.79%
Democrat	19	0	0
Republican	36	0	1

How to cast a vote

See also: Voting in Georgia

Poll times

In Georgia, polls are open from 7 a.m. until 7 p.m. Eastern Time. In cities with a population greater than 300,000 people, polls remain open until 8 p.m. An individual who is in line at the time polls close must be allowed to vote.

Registration requirements

Check your voter registration status here.

To vote in Georgia, one must be a citizen of the United States and a legal resident of their county. The voter must be at least 17.5 years of age at the time of registration and 18 at the time of the election, and not serving a sentence for a felony conviction.

The deadline to register to vote is 29 days prior to the election. Registration can be completed online, in person, or by mail.

Automatic registration

In Georgia, eligible voters are automatically registered to vote when they conduct transactions at the Department of Driver Services. This automatic registration program began in 2016.

Online registration

See also: Online voter registration

Georgia has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Georgia does not allow same-day voter registration.

Residency requirements

To register to vote in Georgia, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

A Georgia state law, passed in 2009, required voters to provide proof of U.S. citizenship when registering to vote. However, as of June 2025, the law had not been implemented.

In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states would need to create a separate registration system for state elections in order to require proof of citizenship.

In Georgia, an individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information on a voter registration application is guilty of a felony.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site My Voter Page, run by the Georgia Secretary of State's office, allows residents to check their voter registration status online.

Voter ID requirements

Georgia requires voters to present photo identification while voting in person or by mail/absentee.

The following list of accepted ID was current as of August 2024. Click here for the Georgia Secretary of State's page on accepted ID to ensure you have the most current information.

“

Any valid state or federal government-issued photo ID, including a free ID card issued by your county registrar's office or the Georgia Department of Driver Services. A Georgia driver's license, even if expired Student ID from a Georgia public College or University Valid employee photo ID from any branch, department, agency, or entity of the U.S. Government, Georgia, or any county, municipality, board, authority or other entity of this state Valid U.S. passport ID Valid U.S. military photo ID containing a photograph of the voter Valid tribal photo ID containing a photograph of the voter

”

Voters can obtain a free voter ID card from any county registrar's office or Department of Driver Services Office. Click here for more information on obtaining a free voter ID card in Georgia.

Early voting

Georgia permits early voting. Learn more by visiting this website.

Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee/mail-in ballots in person are counted as no-excuse early voting states.

Forty-seven states and the District of Columbia permit no-excuse early voting.

Absentee voting

All voters are eligible to vote absentee/by-mail in Georgia. There are no special eligibility requirements for voting absentee. The ballot application deadline is 11 days before Election Day. A completed ballot must be received by 7 p.m. on Election Day.

See also

Suggest a link

• 2018 ballot measures
• Georgia 2018 ballot measures
• Georgia Legislature
• Law enforcement on the ballot

External links

• Georgia Senate Resolution 146
• 2018 Proposed Constitutional Amendments and Statewide Referendum Questions