Kemp signs HB 369: Metro Atlanta counties face nonpartisan shift

ATLANTA - Gov. Brian Kemp signed a law requiring nonpartisan elections for specific offices in five of Georgia’s most populous counties despite pushback from local leaders.

Georgia nonpartisan election law

What we know:

Kemp signed House Bill 369, which forces nonpartisan elections in Fulton, DeKalb, Gwinnett, Cobb and Clayton counties. These five counties are the only ones in Georgia that replaced the office of coroner with a medical examiner system.

The law takes effect Jan. 1, 2028, and repeals local laws requiring partisan elections for highlighted offices. 

Candidates for county governing authorities, tax commissioners, clerks of superior court and solicitor-generals must run in nonpartisan elections. Clerks of state court and county surveyors are also included where those roles are elected, though county sheriffs are exempt.

District attorney candidates will no longer be nominated by parties or petitions. Instead, they will be elected during the November general election without a nonpartisan primary. All five district attorneys in the affected counties are Black female Democrats. 

Qualifying for these seats begins at 9 a.m. on the Monday of the 11th week before the election and ends the following Friday at noon.

Republican lawmakers say the idea behind HB 369 was good governance, but Democrats argue it was simply designed to get more Republicans into office. 

Local leader opposition

The other side:

Many local leaders argue the law is unfair. 

DeKalb County District Attorney Sherry Boston said she intends to file a lawsuit challenging the new law. 

"I am going to be fighting for the voters, and we'll do that by filing a lawsuit challenging the constitutionality of House Bill 369. I feel very comfortable in the legal arguments that we have to make in court," Boston said. 

Cobb County Chairwoman Lisa Cupid said policies altering elections should not single out five counties. She stated on Monday that if these changes improve the system, the conversation should include all communities equally.

Former Fulton County state judge Penny Brown Reynolds called the law a "glaring political contradiction" that makes it harder for voters to understand candidates. Reynolds said in a statement that the rules of democracy are being reshaped based on who benefits politically.

State Sen. Harold Jones (D-Augusta) said the bill is "racially motivated."

What we don't know:

While DeKalb County District Attorney Sherry Boston confirmed she will file a lawsuit, the specific date the legal challenge will be submitted to the courts has not been announced. It also remains unclear how the removal of party labels might shift voter turnout in these specific Democratic strongholds.

Republican leadership support

What they're saying:

Proponents argue that removing party labels will improve public safety and local governance. 

Republican lawmakers, including Rep. John Albers (Roswell), argue the bill prioritizes "safety over politics" and encourages officials to focus on community results rather than partisan agendas.

House Majority Leader Chuck Efstration said in March that the measure focuses on providing the best services for local governments.

"There is no Republican line and a Democrat line when entering the courthouse," Efstration said.

RELATED:

• House Bill 369: DeKalb and Fulton DAs challenge constitutionality
• HB 369: Cobb County leaders demand Kemp veto election bill
• Metro Atlanta leaders urge veto of controversial election bill
• Georgia House passes nonpartisan election bill for metro Atlanta
• Leaders urge Kemp to veto 'discriminatory' metro election bill