Reps. Davis, Schofield and Scott: Upholding the Constitution Requires a Veto of HB 297, HB 369 and SB 33

By State Representatives Viola Davis (D-Stone Mountain), Kim Schofield (D-Atlanta) and Sandra G. Scott (D-Rex)

(649 words)

In government, process is not a formality; it is the safeguard that protects the people.

That is why we have formally requested that Governor Brian Kemp veto three pieces of legislation passed during the 2026 session: House Bill 297, House Bill 36 and Senate Bill 33. This request is not rooted in politics. It is grounded in the Constitution, supported by documented evidence and driven by our responsibility to protect the people of Georgia.

The truth is simple: when the process is flawed, the outcome is flawed.

Senate Bill 33:

Senate Bill 33 would raise and restructure revenue, including the creation of the Local Homestead Option Sales Tax. Under the Georgia Constitution, all bills for raising revenue must originate in the Georgia House of Representatives.

SB 33 did not.

This is not a minor technical issue; it is a direct violation of the Origination Clause. If allowed to stand, this defect could open the door to immediate legal challenges and possible invalidation, placing both state and local governments at risk.

Even more concerning, the bill evolved significantly from its original subject matter, raising additional concerns about legislative integrity and compliance with the Single Subject Rule.

House Bill 369:

House Bill 369 would create a troubling precedent: it would apply different rules to different counties, particularly in how elections are conducted. This raises serious constitutional concerns.

The Constitution does not allow laws of general application to be selectively applied based on geography. Yet, this bill would target a limited number of counties, creating unequal election systems and raising equal protection concerns.

Additionally, it would bypass voter approval, directly conflicting with Georgia's home rule principles, which are designed to ensure that local communities have a voice in decisions that affect them. Simply put: your rights should not change based on your ZIP code.

House Bill 297:

House Bill 297 would extend a voter-approved tax through the year 2067, without going back to the voters. That alone should give every Georgian pause.

The original tax framework was approved with clear expectations. Extending it decades into the future without a referendum would undermine the very foundation of voter consent.

Compounding the issue, HB 297 began as a different bill entirely and was substantially altered late in the legislative process. These last-minute changes limited transparency and reduced the public's ability to understand or respond to what was being passed. This is not how representative government is supposed to work.

Taken individually, each of these bills raises serious concerns. Taken together, they reveal something deeper, a pattern of last-minute substitutions; major policy changes introduced late in the process; bills evolving far beyond their original intent; and limited transparency for both lawmakers and the public.

We often refer to this as "bait and switch" or "Christmas tree" lawmaking. Regardless of what you call it; the result is the same: a breakdown in trust.

When laws are passed without transparency or in violation of constitutional safeguards, the people lose confidence in their government and rightfully so. A veto is not the end of the process; it is an opportunity to correct it.

By vetoing HB 297, HB 369 and SB 33, the governor would have the ability to: protect the state of Georgia from costly and avoidable litigation; uphold the Constitution and legislative integrity; restore transparency and accountability; and reinforce public trust in government.

These are not partisan goals. They are foundational responsibilities. The Constitution is not optional. It is the framework that ensures fairness, accountability and the rule of law.

We have presented the evidence. We have outlined the risks. And, we have fulfilled our duty by bringing these concerns forward.

Now, we call on Governor Kemp to fulfill his and veto these bills. Protect the Constitution. Protect the people of Georgia.

These representatives include a recent letter that they sent to Gov. Kemp calling for the bills to be vetoed, which can be viewed here.

*Editor's note: these representatives include a photo.

Representative Viola Davis represents the citizens of District 87, which includes a portion of DeKalb County. She was first elected to the House of Representatives in 2018 and currently serves on the Defense & Veterans Affairs, Health, Insurance, Natural Resources & Environment and Urban Affairs committees.

Representative Kim Schofield represents the citizens of District 63, which includes a portion of Fulton County. She was first elected to the House of Representatives in 2017 and currently serves as Secretary of the Urban Affairs Committee. She also serves on the Creative Arts & Entertainment, Health, Industry and Labor and Small Business Development committees.

Representative Sandra Scott represents the citizens of District 76, which includes a portion of Clayton County. She was first elected to the House of Representatives in 2010 and currently serves on the Banks & Banking, Defense & Veterans Affairs, Human Relations & Aging, Insurance and Reapportionment and Redistricting committees.

###

The views expressed above and information shared are those of the author