Cobb Judge hears case on county’s ‘self-imposed’ electoral map

The ongoing legal battle over Cobb County’s self-imposed electoral map took center stage as lawyers presented arguments this week before Cobb Superior Court Judge Ann Harris. The Cobb County Board, under its Democratic majority, implemented a new electoral map last year to counter the state Legislature-passed district map. The state map would have led to Commissioner Jerica Richardson being drawn out of her district midway through her term. 

The lawsuit challenges the county’s authority to amend state-approved district maps under the home rule provision of the Georgia Constitution. The judge’s ruling, expected by the end of the year, carries implications for both Cobb County and Richardson.

Plaintiffs David and Catherine Floam, represented by attorney Ray Smith, argue that the county lacks the right to change maps approved by the state Legislature. Smith stated that they are representing constituents in Cobb County who were unjustly represented due to maps that were allegedly illegally drawn by county officials.

During the hearing, Smith argued that state law does not grant the county the right to draw its own map, raising concerns about the broader implications of such a practice. County attorney Elizabeth Monyak countered, asserting that the home rule provision in the state constitution gives counties broad powers, with exceptions that she argued do not apply in this case.

Georgia Attorney General Chris Carr also weighed in on the matter with an amicus brief, arguing that changing who can vote for a position affects the elective office and is therefore prohibited under the home rule provision.

The conflict over the electoral map has been ongoing with the board operating under the electoral map that runs afoul of the state Legislature-passed district map. The dispute escalated at the top of the year when the new map went into effect in January.

The two Republican Commissioners on the board, Keli Gambrill and JoAnn Birrell, refused to vote on county business using the new map.

Chairwoman Lisa Cupid demanded that the two Republican members vote or leave the dais. When they refused, Cupid threatened them with removal by Cobb County Police. Her actions angered many citizens who were upset that Cupid would resort to using police officers to remove other elected officials from their own meetings. Since that incident, Gambrill and Birrell have protested the county’s map at commission meetings by issuing statements of opposition prior to voting on any items.

During this week’s hearing, both Gambrill and Birrell were in attendance, along with several community members who have been outspoken for and against the county’s decision. 

In a curious twist, Ray Smith, the attorney for the plaintiffs, is facing racketeering charges related to former President Donald Trump’s efforts to overturn the 2020 election in Georgia. His legal situation does not appear to have impacted his position in the Cobb County lawsuit.