Cobb County’s Republican commissioners refused to vote on any legislation during the first board meeting of the year Tuesday, in apparent protest over the three Democrat commissioners amending the commission’s electoral map after Republicans in the Legislature drew Democrat Commissioner Jerica Richardson out of her seat.
The county’s move was challenged in a lawsuit at the end of last year by resident Larry Savage, who asked the judge for a temporary restraining order to block the amended map’s usage by the Cobb Board of Elections.
Last week, Savage asked the court to dismiss his lawsuit without prejudice, with plans to refile it in the coming weeks.
Tuesday’s board meeting had a tense start as commissioners sparred over the constitutionality of the county’s map, further highlighting the partisan divide over the controversial redistricting process.
Board rules require that commissioners cast votes on agenda items unless they have a conflict of interest, Deputy County Attorney Debbie Blair said. But the board’s two Republicans did not vote on the first item up for approval, arguing that doing so under the county-passed map would violate the state constitution.
The constitutionality of the county’s unprecedented move of changing redistricting maps from the state Legislature has yet to be resolved in court.
Chairwoman Lisa Cupid asked Republican Commissioners Keli Gambrill and JoAnn Birrell to leave if they were not going to follow the board’s rules by voting. After they initially refused to do so, Cupid threatened to have the Republicans removed by security. They then left the dais and sat in the audience.
“I voted against that map three times last year, and I can’t — I have to uphold the constitution of the state,” Birrell said after the meeting.
“Commissioner Birrell tried to broach the subject to get a resolution, and the chair shut her down from that,” Gambrill said. “So essentially, she blocked us from being able to have our concerns heard, which are also the concerns of many in the county.”
Richardson declined to comment at today’s meeting.
Cupid and the other two Democratic commissioners continued the meeting with the minimum number of board members needed.
“It is my desire to have every voice of the commission represented at every meeting to the best extent possible, and I would like to see our full board represented here at our next meeting. But when we come together at our next meeting, we will be abiding by our rules and procedure,” Cupid said before adjourning.
The commission moved in a split, 3-2 vote to change its own electoral map passed by the Legislature last year after Republican state lawmakers passed a map that effectively would have ended Richardson’s term two years early.
County officials have argued the home rule statute gave them the authority to change the map.
Savage’s attorney Jason Thompson said the lawsuit challenging the county’s map will be refiled against the county and possibly the state of Georgia, instead of the Cobb Board of Elections as initially filed. In the first hearing, Elections Attorney Daniel White said the elections board is protected by sovereign immunity.
Sovereign immunity in state law dictates that any actions taken against county departments or employees “shall be brought exclusively against such county,” instead of the individual or department under the county’s authority.
Thompson said that while he believes the case was filed correctly the first time, refiling will prevent that clause from derailing the case. Savage said he feels he has a strong case, but he “wants to take the time to do it right.”
It seems the board may continue to be in conflict until the issue is decided in court. When asked whether she intends to continue refusing to vote on board business, Birrell said: “Well, I can’t say that. I have to wait and see what happens.
“I hope this can get resolved as soon as possible, whether through the attorney general or the courts because I want to represent my constituents.”
Cupid said she thinks it took leadership for the board to continue with the meeting despite the conflict.
“I look forward to the resolve of the matter in the courts. But for today, we’ve got to all be able to serve the interests of Cobb County,” she said.
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