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Ga. Const. art. III, § V, ¶ V — Majority of members to pass bill | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph V. Majority of members to pass bill.

No bill shall become law unless it shall receive a majority of the votes of all the members to which each house is entitled, and such vote shall so appear on the journal of each house.

1976 Constitution.

- Art. III, Sec. VII, Para. VII.

JUDICIAL DECISIONS

Enrolled Act is conclusive of the fact that this paragraph was complied with. DeLoach v. Newton, 134 Ga. 739, 68 S.E. 708 (1910); Whitley v. State, 134 Ga. 758, 68 S.E. 716 (1910); Dorsey v. Wright, 150 Ga. 321, 103 S.E. 591 (1920); Williams v. MacFeeley, 186 Ga. 145, 197 S.E. 225 (1938) (see Ga. Const. 1983, Art. III, Sec. V, Para. V).

Entries or lack thereof in journals cannot be used to show enrolled Act invalid.

- An enrolled Act of the legislature, bearing the signatures of the officers of both houses, and the approval of the Governor, and deposited with the Secretary of State, cannot be shown to be invalid by reason of entries or lack of entries in the journals of the General Assembly touching the details of its passage. Williams v. MacFeeley, 186 Ga. 145, 197 S.E. 225 (1938).

OPINIONS OF THE ATTORNEY GENERAL

Effect of vacancy on number of votes required by paragraph.

- There having been 205 members elected to House (House now to consist of not fewer than 180 members), requisite vote under this paragraph would be majority of the 205 so elected. Fact that vacancy exists would not reduce number of votes required. 1962 Op. Att'y Gen. p. 259. (Opinion rendered prior to 1983 Constitution, which provides that no bill shall become law unless voted for by majority of members to which each house is entitled.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 73 Am. Jur. 2d, Statutes, §§ 25, 26.

C.J.S.

- 82 C.J.S., Statutes, §§ 52, 53.