Ballot Measure Would Remove Party Labels from Probate Judge Elections

Ty Tagami

Monday, October 19th, 2026

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Georgia voters have a lot of decisions to make when selecting among so many candidates this year, but prominent figures from both major parties are pointing to one easy choice on the ballot.

Among the proposed constitutional amendments is one that would end the practice of probate court judges running for office under party labels.

Amendment 2 would require that probate judges stand for election in the same way as every other Georgia judge and justice: as nonpartisan candidates.

Probate judges oversee sensitive matters, such as estates, guardianships, mental health commitments, wills and weapons carry licenses.

“These responsibilities are not inherently political,” said a September letter signed by former governors Roy Barnes, a Democrat, and Nathan Deal, a Republican, and by more than 60 other current and former officeholders from both parties, from lieutenant governors down to mayors.

The constitutional amendment was proposed by House Resolution 251, which passed the Georgia House this year 147-20 and the Senate unanimously.

The House vote occurred one week after Georgia Supreme Court Chief Justice Nels S.D. Peterson gave his State of the Judiciary address in that chamber. His address included a request to pass HR 251.

“Judges must be impartial and we must also conduct ourselves in such a way as to be perceived as impartial,” he said. “Requiring any of us to publicly and formally align ourselves with a political party can only undermine the public’s perception of the judiciary as impartial.”

The previous year, lawmakers had passed legislation to make magistrate judges nonpartisan, Peterson noted, leaving probate judges as the exception.