Laws governing local ballot measures in Georgia
In Georgia, most local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Georgia. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 152 counties, 537 cities, towns, and villages, and 510 special districts.[1] Six county governments have been consolidated with city governments. Another county consolidated with an unincorporated community rather than a city.[2][3]
School districts
- See also: School bond and tax elections in Georgia
In Georgia, the major provisions covering school bond and tax elections are protected by the Georgia Constitution. Georgia has a 20 mill levy limit protected by the state constitution. School districts can only have a referendum in order to exceed the levy limit or eliminate the levy itself. Also, Georgia funds capital outlays differently than other states using a county sales tax. The voters in a respective county can vote to approve an additional sales and use tax of one percent to fund school district capital outlays. Georgia allows capital outlays to be used for capital improvements to facilities and for retirement of all debts. A county can only use the sales tax for five years after the date it is first implemented.
Local recall rules
Georgia law provides for the recall of all elected officials. The Constitution of the State of Georgia authorizes the General Assembly to "provide by general law for the recall of public officials who hold elective office." This provision is found in Article II, Section II, Paragraph IV.
- For additional detail, see: Laws governing recall in Georgia
Initiative process availability
Ballot Law Portal |
Laws Governing Ballot Measures |
A guide to local ballot initiatives | |
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In Georgia, local governments comprise counties, cities, and city-county consolidations. Counties are organized according to the state constitution, general law, and applicable local laws (laws passed by the general assembly concerning a specific county). Cities and city-county consolidations are governed by local charters approved by the General Assembly then ratified by a vote of the people.
Counties
Residents of all counties may initiate amendments to (or veto referendums against) local ordinances, resolutions, and regulations. They may also amend or repeal the local laws governing the county at the state level.[4]
Cities
Residents of all non-consolidated cities may initiate amendments to (or veto referendums against) local ordinances, resolutions, and regulations. They may also amend their local charter.[4]
City-county consolidations
In Georgia, cities and counties may consolidate their governments to streamline services or eliminate redundancies. Seven pairs of cities and counties have formed consolidated city-county governments. All seven pairs are organized under local charters approved by the General Assembly and ratified by residents. The Georgia Code explicitly exempts consolidated governments formed prior to January 1, 1976, from the initiative process established for cities. The City of Columbus and Muscogee County were consolidated in 1971--the first Georgia consolidation and the only consolidation prior to 1976. The charter of Columbus/Muscogee County does provide for charter amendment and ordinance initiatives, but establishes an initiative process distinct from the city process found in the Georgia Code.[5][6]
The applicability of state's county and city initiative and referendum provisions to consolidated governments in general is unclear. By all appearances, the issue has not yet faced judicial review. Augusta-Richmond County and Columbus-Muscogee County provide for local initiative for ordinances and charter or local act amendment. Athens-Clarke County, Cusseta-Chattahoochee County, and Georgetown-Quitman County seem to exclude it. The status of initiative in unclear in both Statenville-Echols County and Preston-Webster County.[7][8][9][10][11]
Initiative process features
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
Counties
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Cities
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Authority
Constitution
The Georgia Constitution establishes the local initiative process for counties.
See law: Georgia Constitution, Article IX, Section II, Paragraph I (b)
Statutes
The Georgia Code establishes the local initiative process for cities.
See law: Georgia Code, § 36-35-3 (a)
Initiative process in the top 10 most populated cities
Out of the top ten most populated cities in Georgia, Augusta and Columbus are the only two that have individual initiative and referendum processes in their charters.
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See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, Georgia
- Counties in Georgia
External links
- Georgia Municipal Association
- Carl Vinson Institute of Government
- New Georgia Encyclopedia, "Georgia's City Governments"
- New Georgia Encyclopedia, "Georgia's County Governments"
- Augusta City Charter
- Columbus City Charter
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ New Georgia Encyclopedia, "Georgia's County Governments," December 9, 2021
- ↑ National League of Cities "Cities 101 — Consolidations," December 9, 2021
- ↑ 4.0 4.1 Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ Carl Vinson Institute of Government, "What you need to know about city-county consolidation," accessed October 13, 2012 (Archived)
- ↑ National Association of Counties, "City-County Consolidation Proposals 1921 - Present," January 1, 2011 (Archived)
- ↑ Municode, "Columbus Charter and Ordinances," accessed October 13, 2012
- ↑ Augusta-Richmond County, "Charter and Code," accessed October 13, 2012
- ↑ Municode, "Athens-Clarke County Charter and Ordinances," accessed October 13, 2012
- ↑ Municode, "Cusseta-Chattahoochee County Charter and Ordinances," accessed October 13, 2012
- ↑ Georgetown-Quitman County, "Georgetown-Quitman County Certified Charter," accessed October 13, 2012 (Archived)
- ↑ 12.0 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 US Census, Annual Estimates of the Resident Population for Incorporated Places in Georgia: April 1, 2010 to July 1, 2019
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