Cobb Commission Map unconstitutional, Judge Rules against Commissioners drawing their own district lines

Cobb Superior Court Judge Ann Harris ruled today that the attempt by the Cobb County Board of Commissioners to draw its own district map was unconstitutional. Harris wrote. “The Court concludes that Cobb County’s Amendment … was an unconstitutional exercise of authority under its Constitutional Home Rule powers, in as much as this Court has found it was an action affecting an elective county office and affecting the procedure for election of the county governing authority.” 

Led by Cobb Chair Lisa Cupid, the county commission’s Democratic majority, which includes Commissioners Jerica Richardson and Monique Sheffield, had invoked home rule powers to replace the commission district map passed by the Republican-controlled state legislature.

Challengers of the Commission drawn map had labeled their actions as a maneuver to keep Richardson in office after the state-approved map drew her out of her district. Now that the ruling has been issued, it is unclear how this will impact Richardson, whose seat is slated for the 2024 elections. 

Central to the case was Georgia’s home rule amendment, ratified in 1966, which Harris found Cobb’s actions violated. The judge determined that redistricting significantly impacts an elective county office and constitutes a procedure for election, falling under exclusions to home rule power. Georgia Attorney General Chris Carr had supported the plaintiffs in the case. In addition to filing amicus briefs siding with the plaintiffs, his office had called the county’s actions invalid and improper.

Gambrill had initially pointed out the discrepancy between the county’s enabling legislation and the state’s requirements for residency. The lawsuit, originally filed by activist Larry Savage and later pursued by Commissioner Gambrill, had standing granted to Cobb residents Catherine and David Floam. The Floams sought a declaration of the county’s map as null, void, and unconstitutional. They also filed a related suit seeking a mandamus to compel the county to use the state-approved map.

For many in the community, questions are rising on the cost of this lawsuit, as well as the funds needed for an appeal. Questions are also circling as to whether Richardson will be required to step down following the unconstitutional ruling and the impact, if any, on past votes cast by the commission. 

While Republicans celebrated the ruling and hailed it as a victory for voters and a resolution to a gross overreach by Cupid and the Board, the county attorney’s office expressed their intent to appeal, stating that they respect Judge Harris’s ruling and have already filed a notice of appeal.
Cupid also confirmed the intention to appeal, while Gambrill mentioned that the county attorneys would discuss the ruling in closed-door executive sessions. 

Meanwhile, Richardson is looking at higher office with a recent announcement of her plans to run for U.S. Congress.