Metro Atlanta district attorney sues over non-partisan elections

DEKALB COUNTY, Ga. - A metro Atlanta prosecutor is taking legal action against the state, claiming a new law selectively strips critical political information from local ballots.

What we know:

DeKalb County District Attorney Sherry Boston filed a lawsuit attacking House Bill 369, a statute she declares is clearly unconstitutional. Flanked by other metro district attorneys, Boston is serving as the primary plaintiff in the legal challenge against the state legislation.

The targeted law, set to take effect in 2028, mandates that races for district attorneys, county commissioners, tax commissioners and other local offices become nonpartisan. Because of this change, voters will no longer see a Democrat or Republican designation next to candidate names on the ballot.

The statute does not apply statewide. Instead, it specifically targets DeKalb, Fulton, Clayton, Cobb and Gwinnett counties, which are all Democratic-leaning areas. Boston, who has served as district attorney since 2016, argued that the law unfairly penalizes a massive portion of the state population.

"This statute is clearly unconstitutional, and we believe it will be struck down," Boston said.

What we don't know:

Officials have not yet confirmed how state attorneys plan to defend the legality of the bill in court. It remains unclear when a judge will issue the first ruling on the matter or if the changes will be paused before the upcoming voting cycle.

The backstory:

The legal challenge relies on three distinct constitutional arguments. First, the lawsuit alleges the statute directly violates the state uniformity law, which requires legislation to impact counties equally.

"The Georgia Supreme Court has repeatedly held that laws that target just one or a handful of counties are unconstitutional," Boston said.

Second, the suit claims the law completely ignores equal protection clauses by singling out specific voters.

"The legislature did not give any legitimate reason for treating our counties, our elected officials, our voters different from the rest of the state's 154 counties," Boston said.

Finally, the lawsuit highlights a procedural violation regarding how lawmakers passed the bill. The legislature previously voted down the first version of the bill under a different name. Boston said Republicans snuck the failed language into another piece of legislation later in the session.

State rules dictate that bills failing on the House or Senate floor cannot be proposed again during the same legislative session without a two-thirds approval vote from that chamber.

The other side:

Proponents of the law argue that the measure centers on good governance. Supporters insist that removing party labels takes hyper-partisan politics out of vital local administrative positions and puts the focus on community. 

Boston countered that the restriction harms the electorate rather than helping it. She stated that local systems should ensure every voter is as informed as possible, rather than stripping foundational political data from the voting booth.

"So, I look at this lawsuit as another way that we are fighting back to make sure that 4 million voters continue to have the same type of political information and voice as the rest of Georgia, and they deserve that," Boston said.

Previous stories

• Kemp signs HB 369: Metro Atlanta counties face nonpartisan shift
• 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

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