Fani Willis ally sues Georgia over law changing elections in Fulton, DeKalb and other metro counties

A legal battle over what is seen on the ballot in Georgia's most populous counties is now headed to court.

DeKalb County District Attorney Sherry Boston announced a lawsuit Wednesday challenging a new state law that would strip party labels from several local races in five metro Atlanta counties, arguing the measure is unconstitutional and unfairly singles out Democratic-leaning communities.

The lawsuit, sent to Fulton County Superior Court, seeks to overturn House Bill 369, a measure signed by Gov. Brian Kemp last month that will make races for district attorney, county commission, tax commissioner and several other county offices nonpartisan beginning in 2028.

The law applies only to Clayton, Cobb, DeKalb, Fulton and Gwinnett counties - five of Georgia's most politically influential counties and home to millions of residents. Fulton, DeKalb and Clayton counties have long been Democratic strongholds, while Cobb and Gwinnett have shifted increasingly toward Democrats in recent election cycles.

In the lawsuit, Boston argues lawmakers violated multiple provisions of the Georgia Constitution by creating election rules that apply only to a select group of counties.

"The Georgia Constitution requires that laws work the same way throughout the state," the lawsuit argues, citing the state's Uniformity Clause. Boston also contends lawmakers failed to provide a legitimate reason for treating the five counties differently from Georgia's other 154 counties.

The lawsuit further alleges the legislation violates equal protection guarantees under both the Georgia and U.S. constitutions and improperly revived a proposal that had previously failed in the state Senate.

The challenge escalates a political fight that has been brewing since lawmakers passed the measure during the final days of this year's legislative session.

Supporters of the bill have argued nonpartisan elections could encourage voters to focus on candidates rather than party affiliation and reduce partisan influence in local government.

Critics, however, have questioned why only five counties were included.

"If the intent is truly fairness and election integrity, why are only five counties singled out instead of all 159 in Georgia?" DeKalb County CEO Lorraine Cochran-Johnson previously said.

In a joint statement issued after Kemp signed the bill, Boston and Fulton County District Attorney Fani Willis accused Republicans of targeting Democratic-leaning counties and attempting to gain a political advantage by removing party labels from ballots.

"House Bill 369 is clearly unconstitutional," the district attorneys said, adding that the law applies only to five counties that have elected Black Democratic women as district attorney.

The legislation sparked unusual opposition from across the political spectrum. While Democrats overwhelmingly opposed the bill, some Republicans also questioned whether nonpartisan elections should be implemented statewide rather than limited to a handful of metro Atlanta counties.

The state now has 30 days to respond to the lawsuit.

The outcome could have significant implications not only for local elections in metro Atlanta, but also for future efforts by state lawmakers to alter election rules in specific regions of Georgia.

CBS News Atlanta has reached out to Gov. Brian Kemp's office and metro county DA's offices for comment. A representative from the governor's office responded: "We cannot comment on pending litigation."