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Laws governing local ballot measures in Georgia

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Laws Governing Local Ballot Measures

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This page describes the state constitutional provisions and statutes that govern local ballot measures in Georgia. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

Law

The Georgia Constitution and the Official Code of Georgia establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in Georgia, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing: In Georgia, election timing differs depending on the year the measure is placed on the ballot. If a local measure is approved for the ballot, the governing body of the municipality must call an election during the following times:[1][2]
    • A general primary or election.
    • In odd-numbered years, a special election on the third Tuesday in March or on the Tuesday after the first Monday in November.
    • In even-numbered years, a special election on:
      • The date of the presidential preference primary.
      • The third Tuesday in March.
      • The date of the general primary.
      • The Tuesday after the first Monday in November.
  • Vote requirements: All local ballot measures in Georgia require a simple majority vote to be approved.[3]
  • Required ballot measures:
    • Article IX of the Georgia Constitution requires voter-approved ballot measures for:
      • Issuing new bonds.
      • Authorizing redevelopment plans using special financing or property tax reallocations.
      • Exempting ad valorem taxation.
    • The Official Code of Georgia requires voter-approved ballot measures for:[4][5][6]
      • Annexing of an area where the number of residents in the area exceeds 3% of the population of the municipal corporation or 500 people, whichever is less.
      • Adopting or rejecting a municipal annexation resolution.
      • Incurring any bonded debt.

Initiatives

The following outlines the general rules that govern local citizen-initiated ballot measures in Georgia.

  • Authority:
    • Article IX, Section 2 of the Georgia Constitution and O.C.G. 36-35-3 grants voters the powers of initiative and referendum at the local level.[3]
  • Signatures: The number of signatures required for an initiative depends on the population of the municipality:[3]
    • In municipalities with a population of 5,000 residents or less, the number of signatures required is equal to at least 25% of the electors registered to vote in the last general municipal election.
    • In municipalities with a population of more than 5,000 but less than 100,000 residents, the number of signatures required is equal to at least 20% of the electors registered to vote in the last general municipal election.
    • In municipalities with a population of more than 100,000 residents, the number of signatures required is equal to at least 15% of the electors registered to vote in the last general municipal election.
  • Deadline: Signatures must be submitted within 60 days from when the sponsor of the petition first obtained copies of it from the clerk of the local governing body.[3]

Referrals

The following outlines the general rules that govern local referred ballot measures in Georgia.

  • Authority: There is no mention of legislative referrals in either the Georgia Constitution or the Official Code of Georgia.
    • Local governing bodies do have the authority to pass charter amendments by voting on them in two regular consecutive meetings, but there are no specifications for putting them on the ballot for voter approval.[3]

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

See also

Footnotes