In his veto message last year, Kemp opposed bans on suits by people in mental health facilities. He also raised concerns about suits involving breach of contract against government employees and officials.
This time, the people will decide. Governors can't veto proposed constitutional amendments.
The measure approved Tuesday, House Resolution 1023, would give Georgians permission in some cases to sue by waiving the legal doctrine of sovereign immunity rooted in the centuries-old English principle that "the king can do no wrong."
If voters approve, superior court judges would gain the power to grant relief from actions or laws by governments that violate the Georgia Constitution or the U.S. Constitution. Judges wouldn’t be authorized to award damages or attorney fees unless the General Assembly passes legislation to do so in the future.
The ballot question will ask voters, “Shall the Constitution of Georgia be amended to waive sovereign immunity and allow the people of Georgia to petition the superior court for relief from governmental acts done outside the scope of lawful authority or which violate the laws of this state, the Constitution of Georgia, or the Constitution of the United States?”