Georgia’s Election Law Faces Legal Challenge from District Attorney
A new legal battle is unfolding in Georgia as DeKalb County District Attorney Sherry Boston contests a state law mandating nonpartisan elections for most local officials in the Atlanta area’s major counties. This requirement does not apply to the rest of the state, prompting Boston to file a lawsuit challenging its constitutionality.
Standing alongside fellow District Attorneys Fani Willis from Fulton County, Tasha Mosley from Clayton County, and Sonya Allen from Cobb County, Boston publicly announced her legal action near the state Capitol. She contends that the law, which affects Democratic-leaning areas, is unconstitutional under both state and federal guidelines. “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,” Boston asserted. “But today we are here at the state Capitol to tell those lawmakers that we will not shy away from speaking up for the people of Clayton, Cobb, DeKalb, Gwinnett and Fulton counties.”
Boston argues that the legislation, despite claims to the contrary, does not enhance public safety nor depoliticize the election process. “I think the intent of the law when you look at who they’ve targeted is very clear,” Boston stated. “They have chosen to go after Democratic strongholds where Democratic DAs and Democratic officials have been successful in these races.”
The lawsuit targets the state of Georgia, and Attorney General Chris Carr’s spokesperson, Kara Murray, confirmed that the state will defend the legislation. Boston’s lawsuit follows earlier threats by her and Willis to challenge the law after it was signed by Republican Governor Brian Kemp. They argue the law disproportionately affects counties where Black women hold the office of district attorney.
Fani Willis, in particular, has been a focal point for Republican legislators’ criticism since her prosecution of Donald Trump and others over the alleged attempts to overturn the 2020 election results in favor of Democrat Joe Biden. That case was later dismissed.
Republican State Senator John Albers, a proponent of the legislation, has argued that the law will bolster public safety, though sheriffs will continue to be elected along partisan lines. Albers has yet to comment on the lawsuit.
This law, set to be enacted in 2028, will shift the elections for district attorneys, solicitors general, county commissioners, court clerks, and tax commissioners to a nonpartisan format. Elections, excluding those for district attorneys, will occur in May alongside nonpartisan judicial elections, potentially affecting voter turnout due to the concurrent partisan primaries. Runoffs, if necessary, will be held in June.
Impacting Fulton, Clayton, Cobb, DeKalb, and Gwinnett counties—key Democratic areas—the law also affects regions that have leaned more Democratic in recent years. Boston maintains that the law breaches Georgia’s uniformity clause and equal protection clauses of both state and federal constitutions by unevenly targeting these counties without justifiable cause. She also claims procedural laws were ignored during the law’s passage.
