Cobb County voters will likely see another Sunday alcohol sales question on their July 31 ballot.
On Friday, Cobb’s Elections Board decided not to contest a legal challenge to the original vote earlier this month and consented to holding a new countywide vote.
Marietta attorney Justin O’Dell filed a petition on behalf of residents of some Cobb cities last week challenging the March 6 election. It called for a new election because residents in Cobb’s six cities were not allowed to vote on whether Sunday sales should be allowed in the unincorporated portions of the county.
“I think there was significant legal doubt that could have been defended," said Gregg Litchfield, the attorney for the Elections Board. Because the county isn't contesting the petition, and to save taxpayers money, it is best to request that the question be put on the July ballot, he said.
An outside judge will now be called in to make a determination on whether a revote is needed, but with both the county and O’Dell in agreement, that is the expected outcome, O'Dell said.
“Regardless of the ultimate outcome, the integrity of the election process has prevailed,” O’Dell said.
If a revote is required, Cobb officials would like the question placed on the July 31 ballot to save money and prevent the need for a special election. If approved, the county plans to license Sunday sales once election results are certified. If results are certified on Aug. 6, the earliest Sunday sales could begin is Aug. 12, county spokesman Robert Quigley said.
Cobb's six cites held their own Sunday sales elections. The issues passed in each city, and a county revote would not affect those results. Cobb's process differed from that of other counties, including DeKalb and Gwinnett, where city residents were allowed to vote on the counties' alcohol question.
“Should it have been avoided? Yes,” Commission Chairman Tim Lee said. “I would have liked for us to have followed the necessary steps to make sure this was avoided.”
Lee said Cobb’s county attorney, Dorothy Bishop, advised the county’s elections director that city residents shouldn’t be allowed to vote on the issue.
Cobb originally planned to begin Sunday sales June 1. With the probable revote, some county retailers are concerned about the additional two-month delay.
“We are hoping for a positive impact with Sunday sales, and [a delay] could impact our business because around me all of the businesses are already selling it,” said Jeff Sohtt, manager of the Wade Green Bottle Shop in the Kennesaw area. “Overall, some businesses are losing money because of the additional overhead required for opening an extra day, but if it’s further delayed, we will lose money.”
A judge's decision is necessary by May 6 in order to meet the requirement to place the issue on the July ballot.
Where the story stands
2011 -- Gov. Nathan Deal signs into law a bill lifting the statewide ban on Sunday retail sales of alcohol, allowing cities and counties to decide whether they wanted to permit such sales.
March 6 -- Cobb County holds a vote on whether to permit Sunday retail sales of alcohol in the unincorporated portions of the county. Residents of the county's six cities were not permitted to vote in that election, although several of the communities held similar votes to permit sales within their city limits.
March 16 -- Marietta attorney Justin O’Dell files a petition on behalf of residents of some Cobb cities challenging the March 6 election.
Friday -- The county Board of Elections decides not to contest the challenge and consents to holding a revote.
What's next
A judge from outside Cobb County must rule by May 6 whether a revote is necessary.
If a revote is ordered, it will likely occur July 31.
If the measure passes, Sunday retail sales of alcohol could begin in the unincorporated parts of the Cobb County as early as Aug. 12.
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