GEORGIA — Fair and Just Prosecution condemned Georgia House Bill 369 as unconstitutional in a recent press release, arguing the law unfairly targets specific communities and elected officials through selective changes to election procedures.
FJP’s mission is to raise the standard of prosecutors nationwide. Specifically, the press release describes the new bill as “an unconstitutional change in election law that uses artificially narrow classifications to target specific communities and elected officials, including district attorneys, without applying the same rules statewide.”
According to the press release, beginning in 2028, the law signed this week by Brian Kemp will change local prosecutor elections from partisan to nonpartisan in just five districts. Under the bill, districts lacking a coroner’s office will transition to nonpartisan elections. In nonpartisan elections, a candidate’s party affiliation is not listed on the ballot, and parties do not formally nominate candidates through primary elections.
Although the bill may appear neutral on its face, the press release argues it contains significant inconsistencies. “There is no clear connection between the absence of a county coroner’s office and whether prosecutor elections should be partisan or nonpartisan,” the release states. The office of the sheriff is also “inexplicably exempted.”
“While the removal of partisan labels appears facially neutral, the pattern of who bears its effects, combined with the decision not to apply the same rules statewide, warrants serious public scrutiny of whether the legislature’s purpose was legitimate and policy-driven or aimed at undermining the electoral choices of specific communities,” the release continues.
Georgia’s constitution requires that “laws of general nature operate uniformly throughout the state.” According to the press release, the bill is therefore unconstitutional because it applies only to five districts rather than statewide.
The release also raises concerns that the bill could be racially motivated, stating that “the only district attorneys affected are Black women serving some of Georgia’s largest and most diverse communities.”
“The people in these communities elected leaders who reflect their priorities and values, and those choices deserve the same respect afforded to voters everywhere else in Georgia,” the release states.
According to the release, the implications of the bill should be taken seriously. “Prosecutors make some of the most consequential decisions in the justice system, which is why elections for these offices should be governed by consistent and transparent rules,” said FJP Executive Director Aramis Donell Ayala.
Critics of Georgia House Bill 369 argue the measure reflects a broader trend of government intervention in local elections, where changes to election structures can influence political outcomes. Opponents contend the bill’s limited application and disproportionate impact on some of Georgia’s most diverse communities raise significant constitutional and equity concerns.
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