Former Cobb Commissioner Jerica Richardson’s Legal Battle Ends with a Denied Appeal

Former Cobb Commissioner for District 2, Jerica Richardson, is no longer serving on the Cobb County Board of Commissioners after the Georgia Court of Appeals declined to hear her appeal of a decision by her fellow commissioners declaring her seat vacant.

Richardson’s legal fight stems from the Georgia Legislature’s redistricting in 2022, which drew Richardson out of her district, sparking a two-year legal battle over her eligibility to remain in office. The Legislature’s redistricting placed Richardson in District 3, which is represented by Republican JoAnn Birrell. Cobb’s Democratic-majority commission attempted to counteract this move by adopting their own map, which is known as the “Cupid Map.”

Superior Court Judge Kellie Hill ruled in August 2024 that the Cupid Map was unconstitutional and ordered new elections. The county then moved quickly to declare Richardson’s seat vacant in September 2024. Richardson sued Cobb County in Superior Court over that decision, but she lost. Richardson appealed that decision which allowed her to stay in the seat until the appeal was resolved.

Richardson had argued that she should be allowed to stay in the seat until a special election could determine a new commissioner. On Wednesday, the State Appeals Court denied Richardson’s appeal, which officially ended her tenure on the Commission.

Richardson’s seat remains vacant until the upcoming special election, which was ordered by Superior Court Judge Kelli Hill after she ruled the Cupid Map unconstitutional. Hill ordered a new election using the state Legislature’s maps.

Early voting for the special primary election took place last week, with the special primary election set for February 11, 2025. The special general election for Districts 2 and 4 is scheduled for April 29, 2025.

Cobb Commission Chair Lisa Cupid issued a statement after the ruling expressing respect for the court’s decision and emphasizing the need to move beyond divisive issues. Cupid critics point out that Cupid’s actions, both as Chair and as an attorney, created the divisive issue she seeks to now move beyond as well as the prolonged legal battle. They say she should take ownership of the controversy that has now lasted over two years as well as the cost to taxpayers. Many Cobb County residents are demanding transparency regarding the total cost of the redistricting conflict, which is believed to have cost taxpayers upwards of $5 million. The special election alone is expected to cost around $1.5 million.

Due to state law, Cobb County will not be able to appoint an interim commissioner before the elections. With Richardson’s departure, the Cobb County Commission, which was previously under a Democratic majority, is now split, with two Democrats and two Republicans until new commissioners are elected for District 2 and District 4 in April.