After years of legal wrangling over the state Legislature’s vote to draw Cobb County Commissioner Jerica Richardson out of her district, Richardson is off the board.
The Georgia Court of Appeals on Wednesday declined to take up Richardson’s appeal of a Cobb County Superior Court decision that her seat was vacant. Richardson had argued that she should be allowed to stay in the seat until a special election could determine a new commissioner.
The consequence of that decision is that Democrats no longer have a majority on the commission, which is now made up of two Democrats and two Republicans until a new commissioner is elected in April.
“It’s disappointing,” said Richardson’s attorney, Justin O’Dell. “This was an unprecedented action that the General Assembly took that started all this. There’s no doubt about the fact that the General Assembly failed to follow its own rules.”
Richardson could not be reached Thursday for comment.
Democrats protested when the Republican-dominated state Legislature redrew county commission maps three years ago in Cobb and Gwinnett counties. In doing so, the Legislature departed from its past practice of deferring to local legislative delegations concerning county district maps. Democrats dominated the legislative delegations in both counties and had proposed commission maps that preserved the status quo.
In Cobb, the Legislature’s map drew Richardson, a Democrat, out of District 2 in the middle of her term to strengthen the increasingly tenuous Republican majority in District 3. In Gwinnett, the Legislature’s map created a new conservative district where a Republican later ousted a Democratic incumbent.
Democrats on the Cobb County Commission fought back by adopting its own map that would keep Richardson in her seat, arguing they were entitled to do so under the “home rule” provision of Georgia law. Multiple lawsuits ensued, including one filed by a Republican on the commission.
The county held primary elections last year for commission Districts 2 and 4, but a prospective District 4 candidate sued after the county’s map disqualified her. In that case, a superior court judge ruled the county’s map unconstitutional and ordered a new election using the Legislature’s maps.
Early voting is now underway for a Feb. 11 special primary in those two districts. The special general election is April 29.
The county commission in September declared Richardson’s seat to be vacant, but Richardson sued the county in superior court over that decision. She lost, but appealed, which allowed her to stay in the seat until the appeal was decided. The state appeals court’s denial Wednesday ended her tenure on the board.
Richardson’s seat will remain vacant pending the results of the special election, a county spokesman said. State law does not allow the commission to appoint an interim member so close to the election.
“I respect the decision of Georgia’s Court of Appeals and look forward to moving beyond the divisive issues of the past few years,” commission Chairwoman Lisa Cupid said in a statement.
About the Author
The Latest
Featured
