Cobb County residents' electoral district map lawsuit dismissed by Georgia Supreme Court
ATLANTA - The Georgia Supreme Court on Thursday decided not to issue a final verdict on whether county commissioners have the authority to create their own electoral districts, a matter initially challenged by two residents of Cobb County. The high court overturned a lower court’s decision which had previously invalidated the map drawn by the Cobb County commissioners. This leaves the county's Democratic-majority commission’s map in effect for the upcoming May 21 primaries, despite earlier maps crafted by the Republican-majority state legislature.
The justices unanimously concluded that the plaintiffs, Catherine and David Floam, did not qualify for a declaratory judgment. Justice Nels Peterson, writing on behalf of the court, stated, "The existence of two competing maps certainly introduces significant uncertainty. However, the Floams have not demonstrated how this uncertainty impacts any future actions they intend to undertake."
The issue centers around the 2022 decision by Republican lawmakers to delineate electoral districts for several county commissions and school boards, actions that were opposed by Democrats representing majority-Democratic counties. Generally, local governments redraw district lines every decade after the U.S. Census, but in Georgia, these proposals typically require the approval of local legislators.
Following a controversial ruling in January by Cobb County Superior Court Judge Ann Harris, which labeled the commission’s mapping unconstitutional, the decision was paused pending appeal. This legal back-and-forth has led candidates to qualify under both maps, with election officials eventually upholding the commission’s version.
Ray Smith, the attorney for the Floams, expressed disappointment with the decision, foreseeing further legal battles. "This could lead to more chaos," Smith commented, indicating that another lawsuit is already underway from a Republican candidate disqualified under the commission-drawn map.
In a separate concurring opinion, Justice Charlie Bethel urged the Cobb County Commission to proactively seek a definitive court ruling to avoid future complications. "A delayed loss could lead to calamitous consequences, inflicting severe expenses and practical hardships on its citizens," Bethel cautioned.
However, county officials appear hesitant to escalate the issue. Ross Cavitt, a county spokesperson, conveyed that the county attorney’s office sees no viable legal action to pursue, signaling a potential standstill in the resolution of this electoral dispute.