Cobb Commissioner Jerica Richardson said she is pursuing legal options after a Cobb judge this week declared her seat immediately vacant.
Superior Court Judge Ann Harris on Tuesday upheld the commission’s vote to declare a vacancy after the county lost a legal effort in court to keep her in office. You can read the ruling by clicking here.
“I will be reviewing the Court order to determine what, if any, other options are available in the attempt to continue to fight for Georgia’s Republic,” Richardson wrote in a social media posting shortly before her term expired on Tuesday.
She had filed an appeal to remain in office until her successor is chosen in a special election in April.
In a statement issued by the county, Cobb County Attorney William Rowling said “the Court’s well-reasoned decision affirmed the correctness of the County’s determination that the Office of BOC District 2 Commissioner is vacant, given that Commissioner Richardson does not reside within BOC District 2 under the currently applicable state legislative map.”
It’s unclear how the commission will be constituted when it holds its first meeting on Jan. 14. An interim replacement for Richardson could be appointed through the special election.
The term of District 4 Commissioner Monique Sheffield also expired on Tuesday. Special elections for District 2 and District 4 will culminate in April.
County ordinance requires that commissioners reside in the district they represent.
Richardson, a Democrat elected to the District 2 post in 2020, moved to a home in East Cobb that was later drawn into District 3 during reapportionment.
She and the board’s other two Democrats tried to claim home rule powers in 2022 to draw commission electoral maps after balking at the Georgia legislature’s maps.
Her District 2 initially included some of East Cobb, but the redrawn maps placed most of East Cobb in District 3, represented by Republican JoAnn Birrell.
For more than two years, commissioners used the “home rule” maps to conduct county business, and the Cobb Elections Board used those maps in the May primaries.
Along the way, Richardson reiterated what she said was an “unprecedented” action to force her from office. As the dispute lingered, she decided to run for the 6th Congressional District, but was routed by U.S. Rep. Lucy McBath in the Democratic primary.
And court rulings later reaffirmed that only the legislature can conduct county reapportionment in Georgia.
The May primary elections in District 2 and District 4 were thrown out by a Cobb judge, who ordered the special elections.
Here’s more of what Richardson posted on Tuesday:
“It is now precedent that the General Assembly has the blanket permission to remove a sitting elected official, at any time, and for any reason.
“While the General Assembly should not work to unilaterally overturn elections, they clearly and legally have the ability to, in accordance with this ruling. The future of elected representation is at stake in this state. Not only does the ruling reaffirm this undemocratic power, it also renders the purpose and authority of local state delegations powerless, local law unnecessary, and local calendars a voluntary exercise. A state representative in one area can override a whole group of state representatives in a completely different part of the State with impunity.
“Then, to know that the cosponsor of this bill felt it was inconsequential to remove me because I was ‘young and urban and should move to the Southside’ to ‘protect his community’ and make sure that the ‘representation matched’ bodes an unstable future for this State and is indicative of the fear that has permeated our communities
“Trust and believe that my vacancy is but a canary in the coal mine for what is to come. We have already seen other legislative bills chip away at the essence of the delicate checks and balances that have made our Country great. It is a slippery slope that we find ourselves on, and the fact that I am being removed from office this much later than originally thought is only because those in opposition struggled to file a legitimate legal challenge against the County for over a year.
“The County fought hard to prevent this precedent and stop a government branch from encroaching on local control. As an institutionalist, I am quite proud of the County’s legal work in defending a Constitutional procedure put in place to specifically protect the checks and balances between the State and the County, and the diligence of the community along the way.”
Related:
- Cobb Commission Chairwoman’s swearing-in event set
- Richardson’s fall capstone interns present projects
- Power-Jackson Cabin restoration funding approved
- Cobb to increase water and sewer rates through 2029
- Cobb Public Library System director to retire
- Proposed Mt. Bethel Christian Academy master plan delayed
- East Cobb massage business suspended for nine months
- New Gritters Library ‘a community asset for the whole area’
- Cobb commissioners withdraw ADU proposal
- Birrell calls accessory dwelling units ‘a bad idea’
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