Georgia Courts Do Not Issue Advisory Opinions
Abstract
Georgia courts do not issue advisory opinions on proposed legislation or hypothetical disputes. Their judicial power is limited to justiciable controversies, meaning real cases involving concrete facts, real parties, and an actual legal injury or imminent risk of one. As a result, attempts to obtain judicial “pre-clearance” of a bill before enactment are typically rejected because courts are not legislative counsel and cannot rule in the abstract. While narrow exceptions exist in limited, court-administered ethics contexts, the general rule remains that constitutional or interpretive questions about legislation are addressed only after a law is enacted and a live case is properly before the courts.
Implememtation Recommendations for Section 7 of SB 189
Abstract
This memo examines Georgia Senate Bill 189’s Section 7 mandate requiring that only the human-readable text on ballots, not QR codes, be used for vote tabulation and recounts. While the policy goal of transparency aligns with best practices in election integrity, the current statutory timeline, set for implementation by July 1, 2026, poses serious logistical and financial challenges for counties. Georgia’s 2024 statewide optical character recognition (OCR) audit pilot demonstrated technical feasibility but also revealed that full statewide adoption requires new software certification, county training, and a funded transition plan. To ensure orderly compliance and avoid election disruption, this memo recommends amending the effective date to July 1, 2027, and appropriating funds in the 2026 legislative session for equipment upgrades, vendor integration, and staff training. The proposed changes uphold the legislature’s intent while ensuring that implementation meets legal, fiscal, and operational standards.
