The Cobb County Commission voted to end its redistricting fight Tuesday night by agreeing to move forward under a district map passed by the state Legislature — a map that removes sitting Commissioner Jerica Richardson from her district.
Democratic Chairwoman Lisa Cupid sided with Republican Commissioners Keli Gambrill and JoAnn Birrell in a 3-2 vote, acknowledging a judge’s ruling that the county-drawn electoral map is unconstitutional and invalid.
“The question of law has been answered. I’m putting this matter before commissioners in good faith today to accept the ruling,” Cupid said. “We have got to move forward.”
But a second board vote — one that would have given Richardson notice that her seat is now vacant — failed to pass in a 2-2 split vote, with Birrell and Democrat Monique Sheffield opposed and Richardson recused. Richardson “should serve to the end of her term. I’m all for that,” Birrell said.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
Because the vote failed, it is unclear whether Richardson will be removed from the board.
The extraordinary votes Tuesday are the culmination of a long, complicated and partisan battle over local redistricting during the first four-year term of a Democratic majority in Cobb County in decades.
In 2022, the County Commission tried to pass its own map using its Home Rule powers, rebuking GOP state lawmakers who passed a district map that drew Richardson, a Democrat, out of her seat mid-term. The county’s novel interpretation of law was heavily criticized by officials, including the board’s two Republicans, legal experts and constituents, and was struck down in court nearly two years later.
A judge ruled the county-passed map as unconstitutional in July and rejected the county’s last-ditch legal effort to defend the map, leading Cupid to urge the board to accept the ruling and move forward.
Richardson lives in east Cobb, which is no longer part of District 2 under the state-passed map, and she did not run for reelection.
County attorneys have argued that because Richardson does not live in her district anymore, she must vacate her seat, citing county code that says commissioners “must continue to reside in that district during that person’s term of office or that office shall become vacant.”
Georgia code cited by the county attorney’s office requires the county to give her at least 10 days’ notice of the vacancy, but it is unclear what will happen if the county does not issue that notice.
The code also says anyone can “seek a judicial determination of the eligibility of any person holding office in this state,” meaning someone could challenge her qualification for office in court.
The seat is vacant, Richardson said, but until she has received proper notice of that under Georgia law, she said she will remain on the board. Litigation on whether she can continue serving on the board could be in the county’s future, and Richardson said she “would be surprised if it weren’t.”
Cupid supported the vote to issue Richardson notice to vacate her seat, but the vote failed to gain a support of the majority. When asked whether the county could be opening itself up to legal action due to failing to properly notify Richardson to vacate her seat, Cupid deferred to the county attorney but said “there are valid questions” about the next steps.
Credit: Miguel Martinez
Credit: Miguel Martinez
Some have previously argued that Richardson should not have to vacate her seat because she still lives in the district as it existed when she was elected. County attorney Bill Rowling declined to comment.
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