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DeKalb District Attorney Sues to Block Georgia Law Making Metro Atlanta Races Nonpartisan

The lawsuit argues the selective change violates Georgia’s constitution and could push many local contests into lower-turnout May elections.

Overview

  • DeKalb County District Attorney Sherry Boston filed a lawsuit in Fulton County Superior Court on Wednesday challenging House Bill 369 and asking the court to overturn the law.
  • House Bill 369, signed by Gov. Brian Kemp and set to take effect Jan. 1, 2028, removes party labels for many county offices and moves most affected contests in five metro counties to May with June runoffs if no candidate wins a majority.
  • The suit contends the measure illegally singles out Fulton, DeKalb, Clayton, Cobb and Gwinnett counties and violates Georgia’s Uniformity Clause, state and federal equal protection guarantees, and legislative procedure.
  • The state Attorney General’s office said it will defend the law and has up to 30 days to file a response, setting up a court fight that will determine whether the changes stand before the 2028 implementation date.
  • Backers say the change reduces partisanship on local ballots while opponents note the late-session amendment that inserted the provision, the law’s selective application to politically influential counties, and the practical effect of moving contests to lower-turnout May elections.