Amendment 2: Require Nonpartisan Elections for Probate Judges Amendment

Probate judges handle important legal matters such as wills, estates, guardianships, and certain marriage-related responsibilities.

Georgia currently allows probate judges to be elected in partisan elections. This amendment would require all probate judge elections to be nonpartisan, meaning candidates would appear without Democratic or Republican labels.

I'm opposed to nonpartisian races for any judges and for DA elections, especially for just black female DA's as it currently exists in Georgia. The reason the Georgia legislature made DA elections in black counties, where black women have been elected, nonpartisian is because partisan affiliation is the best signal about the DA's legal philosophy.

Most people who even make it to the end of the ballot to vote for Judges don't know anything about a particular candidates judicial philosophy. Knowing if they are a Democrat or Republican informs the voter about what they can expect.

Taking away those designations just leaves voters with less information. Which is exactly what our current majority wants.

And taking away the partisan designation does not take away partisan interest groups from funding based on partisanship. Republicans and Democrats are still going to recruit, fund and promote their preferred candidates to run for judicial positions. The process, as it currently exists in our Supreme Court, Court of Appeals, State and Superior races is just more underground.

The judicial election process in Georgia heavily favors incumbents, who for most judicial candidates, for the last 23 years have been appointed by Republican governors. Combine incumbency with a lack of information about judicial philosophy, and we have what currently exists.

Even the timing of judicial elections is designed to suppress votes. Why do we elect Judges during low turnout primaries and not during general elections?

We need to remove the structural barriers that prevent us from electing people who are representative of the people they serve. No Supreme Court Justice has been removed by voters since 1922.

If there had been a D or R beside the names in the May judicial races we would have Justice Rankin in January. And it's no accident that "they" only want nonpartisan judicial races under the guise that the judiciary is nonpolitical.

Amendment 2 would require that all probate judges in the state be elected on a nonpartisan basis.[1] Probate courts deal with administering the estate of a deceased person and resolving claims to that individual's will or property. They also have jurisdiction over cases concerning the appointment of guardians and the involuntary hospitalization of incapacitated adults.[2]

As of 2026, the Georgia Constitution requires judges in the state Supreme Court and the Court of Appeals to be elected on a nonpartisan basis; but probate judges are excluded from that requirement. In Georgia, each probate court covers one county and each court has one elected probate judge who is elected for a term of four years.

How would Amendment 2 affect the election process for magistrate judges?

See also: House Bill 426 (2025)

The Georgia General Assembly approved House Bill 426, which required that magistrate judges and probate judges be elected in nonpartisan elections during the general primary in even-numbered years. However, HB 426 states that if voters do not approve the ballot measure, the entire bill would be repealed. Therefore, magistrates and probate judges will only be elected on a nonpartisan basis if voters approve Amendment 2.

GEORGIA BALLOT EXPLAINER: AMENDMENT 2 ⚖️

What is it?

Amendment 2 would require all Georgia probate court judges to be elected in nonpartisan elections, meaning political party labels would no longer appear alongside their names on the ballot.

Why does it matter?

Probate judges handle important matters involving wills, estates, guardianships and other legal responsibilities. Supporters believe judicial candidates should be evaluated on their qualifications rather than their political party.

What does YES mean? You support requiring nonpartisan elections for all probate judges statewide.

What does NO mean? You oppose the change, leaving partisan elections in place in counties that currently use them.

Important to know: Removing party labels does not automatically guarantee impartiality. Voters may need to research candidates’ experience, qualifications and records more closely.

🗳️ Before voting, consider the importance of judicial independence, voter information and accountability. Understand the proposed change and make an informed decision.

Official information: https://sos.ga.gov/page/proposed-georgia-constitution-amendments

I trust that removing party labels (Democratic/Republican) from the ballot strips away a quick, essential informational signal for voters. Because down-ballot judicial races typically receive less media coverage, I worry that voters will have a harder time distinguishing between candidates without a partisan baseline.

No, we should know their views