COBB COUNTY, Ga. — Cobb County can't challenge an order requiring a do-over of two county primary races, Superior Court Judge Kellie Hill ruled Tuesday.
After two hearings with oral arguments, Judge Hill ruled the county used an unconstitutional electoral map in the May 2024 primaries because it was drawn by commissioners, not the state legislature.
She ordered the county to redo its primary elections for county commission districts 2 and 4.
"I don't believe you've met your burden. I don't believe it's timely," she said. "I don't want to use the term disingenuous... but I do find it hard to believe that the county could not have foreseen or predicted the outcome that resulted in this case. The Board of Elections was extremely clear that they would not take a position either way."
The decision prompted concerns from county leaders.
"It forces the jurisdiction to spend money on something where maybe they would better spend money on something else," Elizabeth Monyak argued on behalf of the county Tuesday as she requested permission to intervene. "It will severely hamper the county's ability to do things if we're dealing with a three person board and there's no representative for 2 and 4."
Monyak called the ruling a "drastic" move that would be costly and harmful for the county.
"It is a drastic remedy, but it's also a drastic move to change the county maps," Judge Hill said. "Nothing in my order says you're going to have a three person board. Nothing in my order says that two individuals will no longer be on the board. You're making a leap that's not involved in my order."
The case began with Alicia Adams, who intended to run in the Cobb County Commission District 2 Republican Primary under the state-passed map. However, the county-passed map disqualified her from that race.
While county officials believe they are allowed to draw their own maps under the home rule provision, the BOE never made that argument in court because it focuses on the administration of elections.
"We do prefer to be sitting at the table with the county, working with the county commission. That's the way it's supposed to work," an attorney for the BOE said. "They've known since the beginning... that the Board of Elections is not going to take a position on home rule."
Attorney Chuck Boring, who represents plaintiff Alicia Adams, said the county is trying to intervene too late.
"You've given everybody a fair shot to have everything they want to say said... This is an important issue that involves voters' rights, the right to run for office and importantly, to make sure the Constitution of this state is followed," Boring said. "You know who was not present to argue at any of those occasions that they should be a party on this case on any of those occasions? The county."
The Board of Elections and Registration said it has approved two different elections schedules that will depend on whether there is a runoff in the upcoming November general election.
Below are the potential schedules:
- If there is no runoff, the board will follow these dates:
- Qualifying - Dec. 18-20
- Primary - Feb. 11
- Runoff - March 11
- General - April 29
- If there is a runoff election, the board would follow these dates:
- Qualifying - Jan. 27-29
- Primary - March 18
- Runoff - April 15
- General - June 17