Georgia Nonpartisan Elections Law Challenge

A pro-voting lawsuit seeking to block a Georgia law that makes some local elections nonpartisan in five key Democratic counties.

Background

DeKalb County District Attorney Sherry Boston filed a lawsuit challenging House Bill 369, a new Georgia law that changes the elections of several local offices, including district attorney, from partisan to nonpartisan beginning in 2028. The law applies only to five counties–Clayton, Cobb, DeKalb, Fulton, and Gwinnett. The plaintiff argues the law violates both the state and U.S. constitutions and was enacted to weaken Democratic political power in Georgia’s most liberal counties. First, she argues the law violates Georgia’s Uniformity Clause, a state constitutional rule requiring laws to operate the same way across Georgia rather than changing the rules for only one area. Second, she argues the law violates equal protection guarantees in the Georgia and U.S. constitutions. Third, the lawsuit claims lawmakers violated Georgia’s Rejected Bills Clause by reviving the same proposal after it failed in the Senate without taking the required two-thirds vote. She is asking the court to block implementation of the law and restore partisan elections to all five counties. 

Why It Matters

Moving races to nonpartisan can make it harder for voters to decipher partisan lean and ideological differences for key local offices. The law has been criticized by voting rights advocates for attempting to dilute the voting power of Black voters and Democrats. The law only applies to five specific counties with significant Black and Democratic populations and not the whole state. Black Democratic women currently serve as district attorneys in the five affected counties. 

Latest Updates

• June 3, 2026: Boston filed her complaint.