Cobb resident challenges electoral map in the battle for redistricting power

Cobb resident Larry Savage filed a much-anticipated lawsuit Tuesday challenging the legality of the Board of Commissioner’s electoral map, which was passed in an unprecedented move under the home rule statute in a push for local control over redistricting.

The suit paves the way for a Cobb County judge to clarify whether the home rule statute, which provides certain local government powers to county commissions, applies to redistricting.

Cobb commissioners made the controversial move to amend their own electoral map, a map that was originally drafted by Democratic lawmakers in the Legislature. But that map was never voted on after Republican state lawmakers bypassed the typical process and passed a different map, strengthening GOP strongholds in the county and drawing Commissioner Jerica Richardson out of her district half way through her term.

The lawsuit will determine which county map will go into effect next year and whether Richardson, a Democrat, will be rendered unqualified for her seat because she no longer lives in her district under the Legislature-approved map.

Savage, a Cobb resident who unsuccessfully ran for commission chair multiple times, lives in the disputed area that would be District 3 under the Legislature-approved map, and District 2 under the County Commission’s map, according to the lawsuit.

The suit was filed against the Board of Elections because it is the entity that will implement electoral maps in upcoming elections. The lawsuit says that if the county’s map is used, it will infringe on Savage and other Cobb citizens’ “rights in the election process by being required to live and vote in an unconstitutionally drawn County Commission District.”

“There is a reason why other county commissions within Georgia have not undertaken what the Cobb County Board of Commissions has done; it is illegal,” the lawsuit says. If the county’s map is allowed to stand, “Chaos would ensue.”

Credit: Miguel Martinez for The Atlanta Journal-Constitution

Credit: Miguel Martinez for The Atlanta Journal-Constitution

Sen.-elect Ed Setzler told the Board of Elections earlier this month that it would face litigation if it did not request a court judgment asking a judge to weigh in on the issue. The lawsuit cites the arguments Setzler made before the elections board at its public meeting and details other conversations he had with elections officials.

Cobb County Attorney Bill Rowling did not comment on the litigation but said in a statement that the county is prepared to “present legal arguments to show that the action was lawful.”

Elections Attorney Daniel White could not be reached for comment. But he previously said the Board of Elections will not question or challenge the county-passed map and will remain neutral in any litigation.

Secretary of State Brad Raffensperger’s office issued a letter to the county, in which his general counsel Ryan Germany called the county’s move “very likely an unauthorized exercise of authority.” He also cited the unofficial legal opinion issued by the Office of Legislative Counsel, which denounced the county’s map amendment as unlawful earlier this year.

“Proceeding with invalid district lines could subject the Cobb County Board of Elections to sanctions for putting voters in improper districts,” Germany said in the letter.

Credit: Miguel Martinez/AJC

But the county attorney doubled down on the county’s position in a statement, again saying that the judge will have to interpret the home rule statute’s application to redistricting power.

“While Mr. Germany is entitled to his opinion, the matter is a legal issue to be decided only by a court,” Rowling said in a statement. “Cobb County continues to acknowledge that whether redistricting falls within its home rule authority is a constitutional question of first impression.”

If the Legislature-approved map prevails, the county will likely have to hold a special election to fill District 2′s post when Richardson is rendered unqualified for her seat. But if the commissioner-approved map prevails, it could drastically alter the redistricting process at the local level across the state.

Some legal experts and officials are doubtful the county’s move will be successful given the large-scale implications of upheaving the redistricting process, which has generally always been in the hands of state legislators.