House Bill 369: DeKalb and Fulton DAs challenge constitutionality

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The Gold Dome in downtown Atlanta (FOX 5)

ATLANTA - DeKalb County District Attorney Sherry Boston and Fulton County District Attorney Fani Willis issued a joint statement Tuesday opposing House Bill 369 as it nears a final deadline for executive action.

Georgia nonpartisan election bill

The backstory:

House Bill 369 originally focused on food truck regulations before being "gutted and replaced" with current election language at the end of the session. Commissioner Erick Allen compared the bill to the 1917 county unit system, which was once used to dilute the power of diverse counties.

Target of House Bill 369

What we know:

The bill applies specifically to Clayton, Cobb, DeKalb, Fulton, and Gwinnett counties. These five locations are currently the only ones in Georgia that have replaced the office of coroner with a medical examiner system.

Governor Kemp legislative decision

What we don't know:

It is not yet clear if Gov. Brian Kemp will sign the bill or allow it to become law without his signature. As of 9 p.m., the bill was not included on the governor’s official veto or signature lists.

Metro Atlanta leader opposition

Local perspective:

A delegation of Cobb County leaders, including Chairwoman Lisa Cupid and Solicitor General Makia Metzger, denounced the bill earlier today. They joined several metro Atlanta leaders who say they will pursue all legal avenues if the bill is enacted.

District Attorney joint statement

What they're saying:

"House Bill 369 is clearly unconstitutional, and we are appalled at Governor Brian Kemp’s decision to sign it into law. This is a blatant attempt by Republicans to give their candidates an edge in Democratic counties by hiding their party affiliation from voters." DAs Sherry Boston and Fani Willis said in a statement. They argued the legislation is a "blatant attempt" to hide party affiliations from voters in Democratic counties.

"Worse, they make clear their bad faith and unconstitutional motives by applying this legislation to only 5 of the 159 counties in Georgia: Clayton, Cobb, DeKalb, Fulton, and Gwinnett. Those five counties have elected African American Democratic women to serve as their District Attorney," the statement continues. "We are committed to defending the rights of our constituents and upholding the Constitution, so we will be taking legal action to have this illegal bill overturned. Sadly, thanks to the irresponsible actions of the Republican majorities in the legislature and Governor Kemp, taxpayers will be the ones footing the bill to defend it in court."

Legal action timeline

What's next:

If the bill becomes law by midnight, the district attorneys stated they will take legal action to have the bill overturned. Taxpayers would likely be responsible for the costs of defending the legislation in court.