Georgia District Attorney Sues Over Nonpartisan Election Law in Atlanta-Area Counties

DeKalb County District Attorney Sherry Boston filed a lawsuit challenging a Georgia statute that requires nonpartisan elections for district attorneys, solicitors general, county commissioners, court clerks and tax commissioners in Fulton, DeKalb, Clayton, Cobb and Gwinnett counties. Boston argues the law violates state uniformity clause and equal-protection guarantees because it treats those five counties differently from the rest of the state.

Associated Press

Signed by Governor Brian Kemp, the measure takes effect in 2028 and applies only to the five most populous counties in Atlanta metro area. It moves elections for listed offices from the November general election to the May primary, with a June runoff if no candidate receives a majority. Sheriffs in those counties remain elected on partisan tickets.

Associated Press

Boston’s complaint asserts the statute breaches the uniformity clause and equal-protection provisions by singling out the five counties without a rational basis. Attorney General’s office, via spokesperson Kara Murray, said the state will defend the law as enacted and signed by the Governor. Republican State Senator John Albers, the bill sponsor, contended the change aims to improve public safety, noting that elected sheriffs will continue to run on partisan labels.

Associated Press

Boston described law as a partisan effort to suppress voter choice in Democratic strongholds, noting that all five targeted counties are led by Black women district attorneys. She and Fulton County DA Fani Willis warned measure would disadvantage voters in jurisdictions where Democratic candidates have historically won local races.

Associated Press

• “Republicans here at the state Capitol want to make it harder for voters in our counties to choose the people who best represent us and our values,” — Sherry Boston, DeKalb County District Attorney

Associated Press

• “I think the intent of the law when you look at who they’ve targeted is very clear,” — Sherry Boston

Associated Press

• “They have chosen to go after Democratic strongholds where Democratic DAs and Democratic officials have been successful in these races.” — Sherry Boston

Associated Press

• “We will defend the law as enacted and signed by the Governor.” — Kara Murray, spokesperson for Attorney General Chris Carr

Associated Press

Supporters, including Senator Albers, argue the law will enhance public safety by removing partisan cues from local contests. Opponents contend the selective application violates the uniformity and equal-protection clauses, asserting no legitimate justification for targeting the five counties. Courts have not yet ruled, and the statute will not be enforced until 2028, creating a gap between the lawsuit and the law’s effective date.

Associated Press

The suit proceeds in state court, where judges will assess the uniformity and equal-protection claims. A favorable ruling could block the law before its 2028 implementation; an adverse decision would allow the nonpartisan elections to move forward. Both sides signaled readiness to appeal, suggesting the dispute may reach the Georgia Supreme Court.

Associated Press