Georgians will get to vote on whether to make it easier to sue the state and local governments under a proposed constitutional amendment given final passage Tuesday by the state House.
In a vote of 164-0, the House passed House Resolution 1023, sending the question to voters as a ballot referendum. The state Senate passed the measure 50-0 on Monday.
Former Gov. Nathan Deal and Gov. Brian Kemp both vetoed previous legislative attempts to broaden the grounds for suits against the government. But the governor has no authority to veto a proposed constitutional amendment.
Lawmakers are reacting to state Supreme Court decision that says state and local governments can only be sued if they have waived a legal doctrine called sovereign immunity.
“It was only five years ago that you could bring suit against a local government or the state government to enjoin an unconstitutional action,” said Rep. Andy Welch, a McDonough Republican who sponsored the legislation. “The Supreme Court has rendered decisions that have changed that. And thus, it is for our responsibility as legislators to put before the people a check on that judicial decision.”
