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Georgia Supreme Court hears Cobb redistricting lawsuit

Taylor Croft, The Atlanta Journal-Constitution on

Published in News & Features

ATLANTA — The legal battle over whether counties have the right to draw their own district lines went to the Georgia Supreme Court Wednesday.

The case involves the Cobb County Commission’s decision to overrule state legislative redistricting, which would have drawn a Democratic commissioner out of her district mid-term, and claim it could draw its own district map under the Home Rule provision of the state Constitution.

The one-of-a-kind case has wide-ranging implications: It could either cement redistricting power with the state Legislature as it has been, or allow counties all over Georgia to draw their own electoral lines.

The map dispute has also impacted the coming election in Cobb.

Cobb County’s disputed map is still functionally in place and was used to qualify candidates in March for the 2024 races, despite a lower court ruling that it was unconstitutional.

County attorneys determined the map should remain in place until the appeal is ruled upon, causing confusion and frustration among candidates who would have been qualified to run for the commission District 2 if the state map had been used.

 

It is unlikely the court will issue a decision before the May primary election, just one month away, and it might not rule until after the general election. The deadline for a ruling is mid-November.

Justices launched into questions within minutes at the start of the hearing.

While some questions appeared to be critical of the county’s position, most centered on whether plaintiffs David and Catherine Floam, who live in the disputed area between the different maps, have the legal grounds to bring the case.

“Our precedent is really clear: (plaintiffs) have to show there is future action they’re seeking to take about which there is genuine uncertainty, and so what I’m looking for is, what is that?” asked Presiding Justice Nels Peterson.

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©2024 The Atlanta Journal-Constitution. Visit at ajc.com. Distributed by Tribune Content Agency, LLC.

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