Cobb Elections decided not to seek a court judgment on the County Commission’s move to amend its own electoral map — leaving the question of whether the Board of Commissioners has that power under the home rule statute still undecided.
Commissioners made the unprecedented move earlier this year to overturn the Legislature-approved district map in response to Commissioner Jerica Richardson, a Democrat, being drawn out of her seat halfway through her elected term. The move has long been expected to be challenged in court.
Georgia state Sen.-Elect Ed Setzler, who publicly opposed the county’s move as unlawful, told The Atlanta Journal-Constitution that litigation will come before the end of the year. While he is not personally pursuing legal action as a state lawmaker, Setzler said he has been in contact with private citizens who will file a lawsuit.
The Board of Elections asked their legal counsel to seek a declaratory judgment from the courts, which can be issued by a judge to give guidance on an issue prior to litigation. But after reviewing the drafted motion, Board of Elections Chairwoman Tori Silas and other board members determined they were “not the right party to seek this” because the board will not be harmed legally by the absence of a ruling, Silas said.
Elections Attorney Daniel White said the most recent official direction the elections board has received is from the Board of Commissioners when it voted to approve its own map under the home rule statute, and that’s the map the Board of Elections will use.
“Right now, the law has been amended by the Cobb County Commission, and until somebody challenges that — my board’s not in a position to challenge that law,” White said. “It’s not really up to my board to be the one challenging it and questioning its legitimacy.”
Setzler said that’s simply not true.
“They know it’s not true,” Setzler said. “They recognize that this conflict between the two [maps] that they’re facing has to be resolved, and it’s their duty to get it resolved, and they have legal standing to do so.”
Legal experts and officials alike have issued conflicting guidance on whether the home rule statute gives commissioners the power to draw its own electoral map.
Former Gov. Roy Barnes, who participated in the passing of the home rule statute, has previously said he believes the county has the authority. However, the Office of Legislative Counsel issued an opinion earlier this year that says the power for redistricting rests with the Legislature.
County Chairwoman Lisa Cupid has said the county will operate starting Jan. 1 under the map passed by the commission’s split vote, until a court issues a ruling otherwise.
Setzler said the county has “backed the citizens of Cobb County into a corner.”
“The only option given to regular citizens to answer the question, ‘Who is my county commissioner?’ is for the private citizens of Cobb County to use their own dollars to hire an attorney to sue their own county Board of Elections,” Setzler said.
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