CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph VII. Election and returns; disorderly conduct.

Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the members of the house to which such member belongs.

1976 Constitution.

- Art. III, Sec. V, Para. X.

Cross references.

- Vacating an office by majority vote for failure to organize emergency session, § 28-1-7.

Ethics and Efficiency in Government Act, see Ch. 11, T. 28.

Code of ethics for government service, § 45-10-1.

Law reviews.

- For article, "Georgia's New Ethics Laws: A Summary of the Changes Relevant to Lobbyists and Legislators," see 11 Ga. St. B.J. 22 (No. 4, 2005).

JUDICIAL DECISIONS

Each house of General Assembly has exclusive jurisdiction to determine qualifications and eligibility of its members. Fowler v. Bostick, 99 Ga. App. 428, 108 S.E.2d 720 (1959).

The Georgia courts refuse to take jurisdiction over controversies having to do with the qualifications of legislators. Bond v. Floyd, 251 F. Supp. 333 (N.D. Ga.), rev'd on other grounds, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966).

This paragraph and House rule embodying it are not unconstitutionally vague. Bond v. Floyd, 251 F. Supp. 333 (N.D. Ga.), rev'd on other grounds, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966).

State legislative body necessarily possesses inherent power of self-protection. Self-protection goes to the process of qualifications as well as expulsion. Bond v. Floyd, 251 F. Supp. 333 (N.D. Ga.), rev'd on other grounds, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966).

Superior court without jurisdiction to hold Assembly member ineligible.

- Under this paragraph, a judge of the superior court did not have jurisdiction to hold, in quo warranto proceedings, that a member of the General Assembly who had been elected to that position and who had been sworn in as a member, was ineligible or disqualified for membership in that body; and the demurrer (now motion to dismiss) raising the contention that the court was without jurisdiction should have been sustained. Rainey v. Taylor, 166 Ga. 476, 143 S.E. 383 (1928).

Trial court without jurisdiction to hear equitable action to determine election.

- The State Senate being vested by this paragraph with exclusive power to adjudge the qualifications of its own members, a trial court has no jurisdiction to entertain equitable action to determine which of two candidates was elected and properly sustained general demurrers (now motions to dismiss) to the petition. Beatty v. Myrick, 218 Ga. 629, 129 S.E.2d 764 (1963).

Cited in State Hwy. Dep't v. Hicks, 115 Ga. App. 703, 155 S.E.2d 689 (1967); DeFee v. Kaley, 119 Ga. App. 538, 167 S.E.2d 758 (1969).

OPINIONS OF THE ATTORNEY GENERAL

Each House of General Assembly has exclusive original jurisdiction to determine the qualifications of its members. 1975 Op. Att'y Gen. No. 75-109.

Judge of superior court lacks jurisdiction to disqualify member who has been sworn. 1962 Op. Att'y Gen. p. 266.

Whether incumbent holds over when senator-elect dies is one of the qualifications to be determined by Senate. 1945-47 Op. Att'y Gen. p. 345.

Person holding another office may not have seat in General Assembly but no prohibition exists as to the person's election to General Assembly while holding such office. 1948-49 Op. Att'y Gen. p. 235.

Eligibility of city court solicitor to hold General Assembly seat.

- A solicitor of city court is eligible under Ga. Const. 1945, Art. III, Sec. VII, Para. I (see now Ga. Const. 1983, Art. III, Sec. II, Para. IV) to hold a seat in either house of the General Assembly, subject to exceptions as to emolument from the state, and the provisions of this paragraph, and the other qualifications necessary to hold public office in this state. 1950-51 Op. Att'y Gen. p. 16.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 57 et seq.

C.J.S.

- 81A C.J.S., States, §§ 94 et seq., 171 et seq.

ALR.

- Jurisdiction of courts to determine election or qualifications of member of legislative body, and conclusiveness of its decision, as affected by constitutional or statutory provision making legislative body the judge of election and qualification of its own members, 107 A.L.R. 205.