POLICY WIRE FACT CHECK: Georgia DAs Challenge Law Removing Party Labels from Ballots, Claiming It Violates State Constitution
The Claim A viral social media claim circulating in late 2026 suggested that Georgia lawmakers had removed political party labels from ballots in an effort to give Republicans an advantage in...
The Claim
A viral social media claim circulating in late 2026 suggested that Georgia lawmakers had removed political party labels from ballots in an effort to give Republicans an advantage in counties where Democrats have historically won. The post, shared thousands of times on Facebook, warned voters to bring sample ballots or memorize candidates’ names before voting, as they would no longer see (R) or (D) designations next to candidate names. The message implied that this change was designed to confuse voters and potentially benefit Republican candidates.
The claim specifically referenced an October 4, 2026, Facebook post that stated, ‘Georgia voters- It seems our Trump loving election denying Republican led election board has decided to remove the (R) and the (D) that normally appears next to candidate’s names on the upcoming midterm ballots.’ The post further claimed that voters would not be allowed to use their phones while voting to look up affiliations, suggesting a deliberate attempt to mislead voters.
The Details & Investigation
Upon investigation, it was confirmed that Georgia Governor Bill Kemp signed House Bill 369 (HB 369) into law in May 2026. This law would make several county-level races in five Atlanta-area counties—DeKalb, Gwinnett, Cobb, Fulton, and Clayton—nonpartisan starting January 1, 2028. However, the law does not apply statewide, and it is limited to these specific counties, which are known for being Democratic strongholds and highly diverse.
The law’s implementation was initially met with resistance from the district attorneys (DAs) of these five counties, all of whom are Black women representing some of the most politically active and diverse regions in Georgia. They argue that the law violates the state’s uniformity clause, which requires consistent treatment of voters across the state. In June 2026, DeKalb County DA Sherry Boston filed a lawsuit challenging the law, joined by three other DAs. A similar lawsuit was filed by Gwinnett County DA Patsy Austin-Gatson, who argued that the law’s basis—removing party labels from county-level races where the coroner position has been abolished—is arbitrary and lacks a rational connection to the partisan nature of other elections.
While the claim that party labels were removed from ballots is partially true, the context is significantly more nuanced. The law does not go into effect until 2028, and it only affects five counties, not the entire state. Therefore, the assertion that this change was made to give Republicans an advantage in the 2026 midterms is misleading. The claim also incorrectly suggests that the law applies to all local races, when in fact it only pertains to certain offices, such as those where the coroner position has been eliminated.
Furthermore, the viral claim that the law was enacted by a Republican-led election board is not entirely accurate. While the bill was passed by a Republican-majority legislature and signed by a Republican governor, the law itself is not directly tied to any specific partisan strategy. Instead, it was framed as a measure to promote public safety and reduce partisan influence in local elections. However, critics argue that its geographic limitation undermines the principle of equal treatment of voters across the state, raising constitutional concerns.
Based on the evidence, the claim contains both true and false elements. The law exists and will take effect in 2028, but the assertion that it was enacted to give Republicans an unfair advantage in the 2026 elections is misleading. The claim also inaccurately implies that the law applies statewide and that voters will be prohibited from using their phones at polling places, neither of which is supported by the facts.
The Verdict
The viral claim that Georgia lawmakers removed party labels from ballots to give Republicans an advantage in the 2026 midterms is a mix of true and false information. While it is accurate that House Bill 369 was signed into law in 2026 and will make certain county-level races in five Atlanta-area counties nonpartisan starting in 2028, the claim that this change was implemented to benefit Republicans is misleading. The law does not apply to the entire state and is not in effect during the 2026 elections, making the implication that it was enacted for partisan gain unfounded.
Additionally, the claim that voters will be prohibited from using their phones at polling places is incorrect. There is no evidence that such a restriction is part of the law. The primary issue with the claim lies in its framing and timing—suggesting that a future policy change was already in place during the 2026 midterms. As a result, the claim earns a rating of MISLEADING, as it contains elements of truth but presents them in a way that could mislead voters about the current state of Georgia’s electoral system.
Counter-misinformation & disinformation investigation conducted by PolicyWire Editorial Desk (PW).
