Georgia State Senate District 38

Georgia State Senate District 38 is represented by Rashaun Kemp (D).

As of the 2020 Census, Georgia state senators represented an average of 191,523 residents. After the 2010 Census, each member represented 173,707 residents.

About the chamber

Members of the Georgia State Senate serve two-year terms and are not subject to term limits. Georgia legislators assume office the second Monday in January.

Qualifications

See also: State legislature candidate requirements by state

Paragraph 3 of Section 2 of Article 3 of the Georgia Constitution states, "At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least 25 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year."^[1]

Salaries

See also: Comparison of state legislative salaries

State legislative salaries, 2024^[2]
Salary	Per diem
$24,341.64/year	$247/day

Vacancies

See also: How vacancies are filled in state legislatures

If there is a vacancy in the Georgia General Assembly, the vacant seat must be filled by a special election. If the vacancy occurs during a legislative session, the governor must declare a special election no later than 10 days after the vacancy happens. If the vacancy occurs after the regular legislative session held during the first year of the term of office for members, the governor may order a special election at any time but no later than 60 days before the November general election. If the vacancy occurs between 60 days before the November general election and the next legislative session, the governor is required to order a special election within 10 days.^[3]

The special election must be held no less than 30 days and no later than 60 days after the governor calls for the election. The counties representing the vacant district are responsible for conducting the election.^[3]

See sources: Georgia Code § 21-2-544

District map

Redistricting

See also: Redistricting in Georgia

In Georgia, both congressional and state legislative district lines are drawn by the state legislature. A simple majority in each chamber is required to approve redistricting plans, which are subject to veto by the governor.^[4]

The Georgia Constitution requires that state legislative districts be contiguous. There are no similar requirements for congressional districts.^[4]^[5]

2020-2023

See also: Redistricting in Georgia after the 2020 census

State legislative maps enacted in 2023

The district court's approval of remedial state legislative maps is on appeal before the Eleventh Circuit Court of Appeals. Oral argument was scheduled for January 23, 2025.^[6]

Governor Kemp (R) signed revised legislative maps into law on December 8, 2023. Legislators in the Georgia House of Representatives voted 98-71 to adopt the new state legislative maps on December 5. The Georgia State Senate voted 32-23 to adopt the state legislative maps on December 1. For more information about the enacted legislative maps, click here.^[7]^[8]

On October 26, 2023, the United States District Court for the Northern District of Georgia ruled that the state's congressional and legislative district boundaries violated the Voting Rights Act and enjoined the state from using them for future elections.^[9] The court directed the Georgia General Assembly to develop new maps by December 8, 2023.^[9]

On December 28, 2023, the U.S. District Court for the Northern District upheld the maps enacted on December 8 and found them in compliance with the Voting Rights Act.

“

The Court finds that the General Assembly fully complied with this Court’s order requiring the creation of Black-majority districts in the regions of the State where vote dilution was found. Hence, the Court overrules Plaintiffs’ objections (Doc. No. [354]) and hereby approves SB 1EX and HB 1EX.^[10]^[11]

”

Reactions to 2023 state legislative maps

On December 20, 2023, the U.S. District Court for the Northern District decided to uphold the maps enacted on November 30 and found them in compliance with the Voting Rights Act.

The plaintiffs from the October 26 case objected to the maps and asked the court to draw new voting districts in time for the 2024 congressional and legislative elections:^[12]

“

"The inescapable conclusion is that the proposed plans do not come close to following the court's order. Putting eyes on the 2023 proposed plans confirms the total failure of compliance. ...

The General Assembly's attempt to minimize and zero out minority voting opportunity in a purported 'remedy' to the state's Section 2 violation is precisely the sort of gamesmanship Section 2 was meant to stamp out. ...

The General Assembly's purported remedy makes a mockery of that process, the court's ruling and the Voting Rights Act, and reflects the state's continued refusal to afford minority voters equal opportunity to participate in electoral politics."^[12]^[11]

”

State Senate maps

Below is the state Senate map in effect before and after the 2020 redistricting cycle. The map on the right was in effect for Georgia’s 2024 state legislative elections.