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Legislature allows Georgians to challenge laws in court

April 2, 2019 Atlanta - Rep. Spencer Frye (center) and other members of the House vote on SB 200, relating to exercise of power to contract by the Georgia Department of Transportation, in the House Chambers during the last day of legislation at the Georgia State Capitol on Tuesday, April 2, 2019. HYOSUB SHIN / HSHIN@AJC.COM

Credit: HYOSUB SHIN / AJC

Credit: HYOSUB SHIN / AJC

April 2, 2019 Atlanta - Rep. Spencer Frye (center) and other members of the House vote on SB 200, relating to exercise of power to contract by the Georgia Department of Transportation, in the House Chambers during the last day of legislation at the Georgia State Capitol on Tuesday, April 2, 2019. HYOSUB SHIN / HSHIN@AJC.COM
By Mark Niesse
April 2, 2019

The Georgia House unanimously approved a bill Tuesday that allows residents to sue over laws they believe are unconstitutional.

The 166-0 vote sends House Bill 311 to Gov. Brian Kemp for his signature or veto.

The legislation permits lawsuits over statutes that may have gone too far, and it gives judges the authority to halt those laws. The bill bars monetary relief.

Live: Use AJC tracker to follow Georgia bills

ExplorePhotos: Sine Die at the Georgia legislature

Georgians lost the ability to use the courts to stop illegal government actions in 2017, when the Georgia Supreme Court ruled that citizens couldn't sue without the government's permission. 

The legislation gives that permission by granting a limited waiver to the legal doctrine of sovereign immunity.

About the Author

Mark Niesse is an enterprise reporter and covers elections and Georgia government for The Atlanta Journal-Constitution and is considered an expert on elections and voting. Before joining the AJC, he worked for The Associated Press in Atlanta, Honolulu and Montgomery, Alabama. He also reported for The Daily Report and The Santiago Times in Chile.

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