Georgia counties to sue over new election law targeting Democratic areas

By Matt Cohen

Stickers lay on a table inside a polling place, Tuesday, Nov. 5, 2024, in Atlanta. (AP Photo/Brynn Anderson)
Stickers lay on a table inside a polling place, Tuesday, Nov. 5, 2024, in Atlanta. (AP Photo/Brynn Anderson)

Two Georgia counties plan to sue the state over a new bill that makes some elections nonpartisan in the Atlanta metropolitan area — a Democratic stronghold that spans five counties. 

The bill, HB369, was signed into law Tuesday by Gov. Brian Kemp (R) and makes specific downballot races — like elections for district attorneys, board of education, county commissioners, and other local positions — nonpartisan in five Georgia counties: Clayton, Cobb, DeKalb, Fulton, and Gwinnett. 

Instead of running as a Democrat, Republican, or a candidate for another party, candidates for those races won’t list any party affiliation — likely making it easier to elect non-Democrats. 

The law has been criticized by lawmakers and voting rights advocates for attempting to dilute the voting power of Black voters, since it only applies to five specific counties with significant Black and Democratic populations, and not the whole state. 

“HB 369 is akin to political redlining,” Joel Alvarados, Partnership for Southern Equity VP for Strategy and Engagement, reportedly said at a rally last month. “The same logic applies to this legislation. They are trying to tell the state that these five counties have problems. This is a way to dilute the political power in those counties.”

Nichola Hines, president of the League of Women Voters’ Georgia Chapter, said at last month’s rally that HB369 “is not about improving democracy. It’s about changing the rules for five counties.” 

In response to Kemp signing HB368 into law, DeKalb County District Attorney Sherry Boston and Fulton County District Attorney Fani Willis said they plan to sue, claiming that the bill violates the U.S. Constitution.

“House Bill 369 is clearly unconstitutional, and we are appalled at Governor Brian Kemp’s decision to sign it into law,” the attorneys said in a joint statement. This is a blatant attempt by Republicans to give their candidates an edge in Democratic counties by hiding their party affiliations from voters.”

Boston and Willis also note that the new law targets five counties “that have elected African American Democratic women to serve as their District Attorney.”