DAs will challenge bill that makes their offices nonpartisan
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Fulton County District Attorney Fani Willis in Atlanta in 2024. Photo: Courtesy of Alex Slitz/AFP via Getty Images
Two metro Atlanta district attorneys say they'll take legal action against a controversial law that makes certain countywide positions nonpartisan.
Why it matters: House Bill 369, which was passed by the Republican-led General Assembly, only affects voters in Democratic-leaning Clayton, Cobb, DeKalb, Fulton and Gwinnett counties.
The latest: Fulton County District Attorney Fani Willis and her DeKalb County counterpart, Sherry Boston, said in a joint statement the law is an attempt by Republican lawmakers to give GOP candidates a better chance of winning in those five counties by "hiding their party affiliation from voters."
- The pair said they will challenge the law's constitutionality in court.
- "Sadly, thanks to the irresponsible actions of the Republican majorities in the legislature and Governor [Brian] Kemp, taxpayers will be the ones footing the bill to defend it in court," the statement said.
How it works: Along with district attorney seats, the bill signed Tuesday by Kemp makes county commission, tax commissioner, clerk of superior court and other countywide races nonpartisan starting Jan. 1, 2028.
- It does not include the office of sheriff.
The intrigue: Willis and Boston noted that the five counties targeted by the bill all have Black women serving as district attorneys. These counties also have Black women serving as county commission chairs.
- Willis has been a target of the state Senate Special Committee on Investigations, which subpoenaed her to testify on how she handled the now-closed Georgia election interference case.
What they're saying: Cobb County Commission Chair Lisa Cupid said she's disappointed by the law, and any changes to how local elections are conducted should include community input and be applied statewide.
- "Policies that fundamentally alter elections should not single out only five counties for different treatment," she said.
- Some Republicans had also urged Kemp to veto the bill.
- Stephen Aaron, chair of the 9th Congressional District Republican Party, told WABE the change would make it harder for voters to understand a candidate's philosophy and give more influence to special interest groups.
The other side: Kemp's office declined to comment on why he signed the legislation.
The big picture: The Association County Commission of Georgia, which asked Kemp to veto the legislation, said it's likely unconstitutional because it only applies to counties that have a medical examiner.
- That qualification, ACCG argued in an April 2 letter to Kemp, has no bearing on whether affected offices in those five counties should be elected in partisan or nonpartisan races.
- "... that policy should be applied uniformly across the state or pursued through local act and voter approval," ACCG said, "not through a targeted statutory scheme that risks eroding public confidence in the fairness, neutrality, and legitimacy of Georgia's election laws."
What's next: A Fulton County District Attorney spokesperson told Axios no timeline has been determined as to when a challenge will be filed.