HR 396 - Ineligibility to hold elective off; felony conviction; exception - CA

First Reader Summary

A RESOLUTION proposing an amendment to the Constitution so as to provide that persons who have been convicted of a felony are not eligible to hold elective office except in specified circumstances; and for other purposes.

Felton, Dorothy (43rd) Barnes, Roy E (33rd) Walker, Larry (141st)
Irvin, Robert A (45th) Davis, J. Max (60th) Mann, Harold M (5th)
Status Summary HC: Judy SC: LA: 03/03/97 H - Read 2nd Time
Page Numbers - 1/ 2
House Action Senate
2/28/97 Read 1st Time
3/3/97 Read 2nd Time

HR 396                                             LC 22 2622 
 
 
 
 
 
 
                             A RESOLUTION 
 
  1- 1  Proposing an amendment to the Constitution so as to provide 
  1- 2  that persons who have been convicted of a felony are not 
  1- 3  eligible to hold elective office except in specified 
  1- 4  circumstances; to provide for the submission of this 
  1- 5  amendment for ratification or rejection; and for other 
  1- 6  purposes. 
 
  1- 7       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Article II, Section II of the Constitution is amended by 
  1-10  striking Paragraph III in its entirety and inserting in lieu 
  1-11  thereof the following: 
 
  1-12      "No person who is not a registered voter or who has been 
  1-13    convicted of a felony involving moral turpitude, unless 
  1-14    that person's civil rights have been restored and at least 
  1-15    ten years have elapsed from the date of the completion of 
  1-16    the sentence without a subsequent conviction of another 
  1-17    felony involving moral turpitude, or who is the holder of 
  1-18    public funds illegally shall be eligible to hold any 
  1-19    office or appointment of honor or trust in this state.  No 
  1-20    person who has been convicted of a felony, unless that 
  1-21    person has received a full pardon on the grounds of 
  1-22    innocence of such felony, shall be eligible to hold any 
  1-23    elective office or appointment of honor or trust in this 
  1-24    state.  Additional conditions of eligibility to hold 
  1-25    office for persons elected on a write-in vote and for 
  1-26    persons holding offices or appointments of honor or trust 
  1-27    other than elected offices created by this Constitution 
  1-28    may be provided by law." 
 
  1-29                           SECTION 2. 
 
  1-30  The above proposed amendment to the Constitution shall be 
  1-31  published and submitted as provided in Article X, Section I, 
  1-32  Paragraph II of the Constitution. 
 
  1-33  The ballot submitting the above proposed amendment shall 
  1-34  have written or printed thereon the following: 
 
 
 
 
                                 -1- 
 
 
 
  2- 1    "(  ) YES Shall the Constitution be amended so as to 
  2- 2              provide that no person convicted of a felony 
  2- 3     (  ) NO  shall be eligible to hold any elective office 
  2- 4              or appointment of honor or trust in this state 
  2- 5              unless such person has received a full pardon 
  2- 6              on the grounds of innocence?" 
 
  2- 7  All persons desiring to vote in favor of ratifying the 
  2- 8  proposed amendment shall vote "Yes."  All persons desiring 
  2- 9  to vote against ratifying the proposed amendment shall vote 
  2-10  "No." 
 
  2-11  If such amendment shall be ratified as provided in said 
  2-12  Paragraph of the Constitution, it shall become a part of the 
  2-13  Constitution of this state. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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