As early voting in the Georgia primaries continues, the Georgia Supreme Court gave some clarity about how Cobb Board of Commissioners electoral maps will look—for the time being.
In a unanimous ruling issued Thursday, the high court dismissed a lawsuit by a Cobb married couple challenging the county’s assertion of home rule powers in drawing commission maps.
But the court, which struck down concerns by David and Catherine Floam over the uncertainty of which commission district they live in, didn’t address their underlying claim—that the three Democrats on the Cobb commission violated the Georgia Constitution.
That’s an issue that apparently will have be addressed in a future legal action.
With the primary election set for May 21 and the general election in November, it appears that the county “home rule” maps will be used this year.
That includes keeping a portion of East Cobb (see map below) in District 2, which is one of three commission seats on the ballot in 2024.
“No declaratory relief lies here,” the court concluded in its ruling (which you can read here).
The Floams live in an area of North Cobb that had been in District 3 (represented by Northeast Cobb Republican JoAnn Birrell). Maps approved in 2022 by the Georgia legislature would have kept them there, and included most of East Cobb in District 3 (yellow on the map below).
But the three Democratic commissioners, in trying to keep first-term Democrat Jerica Richardson in her East Cobb home in District 2, decided on a novel challenge in October 2022 to use maps drawn up by then-State Rep. Erick Allen, at the time the head of the Cobb legislative delegation.
Those maps put the Floams in District 1, represented by Republican commissioner Keli Gambrill.
Gambrill was a plaintiff in the original lawsuit filed in early 2023, claiming that the state Constitution authorizes only the legislature to conduct political reapportionment at the county level.
In January, Cobb Superior Court Judge Ann Harris—who dismissed Gambrill as a plaintiff, saying she lacked standing—ruled with the Floams, but the county appealed. The Supreme Court heard oral arguments in April, and ultimately decided they also didn’t have standing.
“The Floams may be uncertain as to whether they lawfully reside in District 1 or District 3, but this uncertainty, without more, is insufficient to support a declaration,” the Supreme Court ruled.
“The Floams must allege that they are at risk of taking some undirected future action incident to their rights and that such action might jeopardize their interests. They have failed to do so.
“By asking for a declaration that the BOC Amendment [the home rule vote] was illegal, the Floams are merely attempting to enforce rights that had already accrued and attempting to direct the future actions of the County, which is insufficient to state a claim for declaratory relief.”
Near the end of its ruling, the court did acknowledge that there are “very serious Constitutional issues with the BOC Amendment.”
Justice Charles Bethel, in a concurring opinion, noted his concern “about the possible effect of further delay” in determining the merits of Cobb’s decision.
“A delayed loss by Cobb could give rise to calamitous consequences inflicting serious expense and practical hardship on its citizens,” Bethel wrote. “Accordingly, I urge Cobb to act with all dispatch in obtaining a final answer on the legal merits of its chosen path.”
Bethel further speculated that “depending on the timeline of any future litigation, it would not be inconceivable for Cobb to find itself with three vacant Commission seats and the Commission unable to form a quorum, leaving its citizens without duly elected representation.”
He concluded his opinion by urging Cobb officials “to act with all due haste in securing finality.”
In a response issued by Cobb County Government, Cobb Commission Chairwoman Lisa Cupid said only that “I am pleased that the County has prevailed in our appeal.”
Richardson, who claimed the legislative maps were an “unprecedented” action in unseating an incumbent in mid-term, declared her run for the 6th Congressional District before the Supreme Court hearing.
She has not commented publicly on Thursday’s ruling.
But a hopeful seeking to succeed her, East Cobb Democrat Kevin Redmon, said Thursday that “we are relieved that the Georgia Supreme Court unanimously dismissed the lawsuit challenging the District 2 map based on standing.”
He’s a former member of Richardson’s “community cabinet” who is in a five-way primary. Among the other hopefuls is former Cobb Board of Education member Jaha Howard and Allen, who drew up the “home rule” maps that for the time being are official.
The only Republican seeking the District 2 seat is Pamela Reardon of East Cobb.
Related:
- Cobb commission candidates campaigning amid map confusion
- 2024 advance primary voting in Cobb: Races; wait times; more
- Cobb school board Post 5 candidates receive endorsements
- Cobb advance voting in 2024 primaries to start Monday
- Cobb Elections Board disqualifies commission candidate
- Cobb political incumbents facing primary opposition
- Cobb school board Post 5 candidates qualify
- Cobb Elections to use disputed maps in primary qualifying
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