Georgia’s new law removing party labels from most countywide races in five Atlanta-area counties faces two lawsuits as a Fulton County judge considers dismissing the first.
House Bill 369, signed by Gov. Brian Kemp in May, takes effect Jan. 1, 2028. It applies only in Clayton, Cobb, DeKalb, Fulton and Gwinnett, which replaced elected coroners with appointed medical examiners. The law covers most county commissioners, tax commissioners, superior court clerks, solicitors general and other elected county offices, while sheriffs remain partisan.
Most affected offices would appear on the May primary ballot without party labels. District attorneys would remain on the November ballot but run without partisan nominations or a preceding primary.
DeKalb County District Attorney Sherry Boston sued in June, arguing the law violates Georgia’s constitutional uniformity requirements and was enacted through an improper legislative process. Gwinnett County District Attorney Patsy Austin-Gatson filed a separate challenge in August. All five counties currently have Democratic district attorneys.
Senior Assistant Attorney General Elizabeth Young asked Fulton County Superior Court Judge Thomas A. Cox to dismiss Boston’s case. She argued the classification applies uniformly to any county that abolishes its coroner’s office.
Boston’s attorney, Cameron Roberts, countered that counties need local legislation to make that change and called the classification arbitrary. He questioned what medical-examiner systems have to do with elections for clerks, tax commissioners or school boards.
Republican state Sen. Ed Setzler of Acworth said the measure would help metro counties “reset” partisan politics and discourage prosecutors from adopting non-enforcement policies. Tallapoosa Circuit District Attorney Jaeson Smith, a Republican, said district attorney election rules should be consistent statewide and suggested a constitutional amendment may be required.
Cox has not ruled. Unless a court blocks the law, the changes will begin in 2028.
