Residents fight for voting rights in S. Fulton County

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Trouble could be brewing for a new city in Fulton County.

On Tuesday, residents of the City of South Fulton are supposed to vote on their first mayor and city council members. The residents rejected becoming a part of the City of Atlanta, but now attorneys for Atlanta say the legislation used to create the new city is unconstitutional.

WATCH: Residents react to news Tuesday’s election could be determined invalid

“So, the court is supposed to do what? Tell 120, 000 people that we don't have the right to self-determination like Sandy Springs, Johns Creek and Milton? We don't think so,” said Camilla Moore, Chair of the Governor’s Commission on the City of South Fulton.

If the city of Atlanta has its way, the results of Tuesday’s election could be determined invalid.

The long-standing case went before the Georgia Supreme Court Monday because residents from five areas of South Fulton say they should’ve been allowed to annex into the City of Atlanta. They argue that House Bill 514, which created the newly formed City of South Fulton, is unconstitutional.

“The trial court ruled that 514 blocked municipalities from annexing and placed a hold on Atlanta's annexations, but that is unconstitutional,” Attorney Robert ASHE III argued on Atlanta's behalf.

More than 50 residents packed the courtroom, including many candidates running for office on Tuesday ballot.

The justices did not indicate when they plan to rule. The polls open Tuesday at 7am.

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