On Friday morning, the five-member board chose not to contest a legal challenge to the March 6 referendum that was brought by two people who live in Cobb cities last week.
It falls to a Superior Court judge to determine whether a revote will take place and when.
“Hopefully the judge will make a decision to put this on the ballot on July 31st,” when voters will already be casting ballots on the Transportation Investment Act referendum, said Beverly Smith, who chairs the Board of Elections. “This will save the taxpayers some money.”
The county’s referendum asked voters whether to allow Sunday sales of packaged liquor in unincorporated Cobb. But the county attorney, Dorothy Bishop, told Elections Director Janine Eveler that only residents who live in unincorporated Cobb should vote on the question, not voters who live in one of the six cities. Residents of the cities pay county taxes and are governed by the county as well as their city, and so have the right to vote on county-related questions, according to the challenge. County Chairman Tim Lee has said that if voters approve the referendum on July 31, it will take effect as soon as possible, perhaps as early as Aug. 1.
One of the people to file suit, former state Rep. Roger Hines of Acworth, said he appreciates the board’s decision.
“All I did was exercise the right to petition, which is something our wonderful legal system allows, and I’m just happy they ruled as they did,” Hines said.
Lee said he believed the board made the right decision as well.
“The most important component of what happened was to maintain confidence in the election process, and I’m pleased at the results,” Lee said.
Lee said he wasn’t aware of another county in Georgia that had the same problem with the election as Cobb did.
“I was embarrassed for the county that the mishap occurred.” Lee said. “I will be doing a review of what occurred to ensure that in the future we don’t duplicate the mistake.”
The board met for about 45 minutes in executive session before coming out to vote not to contest the lawsuit. In addition to Smith, board members include Rob Garcia, Patrick Gartland, Joe Ransbotham and Guy Drexinger.
Gregg Litchfield, attorney for the elections boards, said that while there were some doubts in his mind about the lawsuit, it was better not to contest the challenge rather than risk prolonging the decision and ending up having to hold a costly special election.
Hines’ attorney, Justin O’Dell of the Marietta firm Cauthorn Nohr & O’Dell, said the next step is for a consent order to be presented to a Superior Court judge.
“That consent order will nullify the results of the March 6 referendum on Cobb Sunday sales and order that a new election be held on July 31,” O’Dell said.
The matter has no bearing on the green light voters in Cobb’s six cities gave to Sunday sales at different times on March 6 and last November.
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If you want to live in an alcohol-free theocracy, try Saudi Arabia.
As any local government lawyer knows, governmental clients routinely refuse to follow advice given by their lawyers. And when an issue gets too hot politically, the lawyer usually gets blamed in public by the politician. Why, because the lawyer is prohibited by ethical rules from defending herself by disclosing the actual advice given to the client and why. These are privileged communications.
Ms. Bishop is a highly respected lawyer who finished in the top of her class at
Emory Law School. She is the dean of in house local government lawyers in Georgia. If she gave advice that the election could be held this way, it was well-researched. Remember, many things in the law are far from clear. It may well be that she told the chairman and the elections superintendant that the law was unclear but that it was slightly more likely that the correct procedure was to exclude city residents from voint on this issue. We will never know if her advice was correct because it appears there will be a new election without the appellate courts having a chance to clarify the law in this area.
In the law, things are rarely clear or black and white. That is why lawyers have to go to school for seven years, pass the bar and then practice for at least ten years before they are considered fully experienced.
Why don't you simply do an open records request to get information on internal election communications. I think you'll find Dotty didn't really rule on this much at all. The referendum is crystal clear as to who is charged to vote. And it is supported with case law to back it up. And you may find Janine didn't ask for much help either. She just did what she wanted to and no one checked up on her legally. Complacency is an awful thing regardless of how "fully experienced" you are. These two should be held accountable.
What you should be embarrassed about is the horrible legacy that you have left this county. Your Gay Resolution was truly news that was heard around the country. It is still a black eye for our county. Speaking of black eyes, who are those "undesirables" that you keep talking about that will be flooding Cobb if we connect to MARTA? You say that you are a kindler, gentler Bill Byrne who has learned from your mistakes. I see the same ole, same ole. Good luck with that!
A couple of points.
Is there really anywhere in the Bible that prohibits drinking alcohol on Sunday? If so where? Just Curious?
Secondly, if there is such a Biblical "commandment" then it really only applies to your brothers and sisters in Jesus who have pledged themselve to that Biblical standard.
Why would you expect others who are not of the same mind to agree to our beliefs when they have never bought into them?
That is unreasonable on its' face and certainly is contradictory to the teachings of the Bible as I understand it. We should only hold other believers up to our standards.
It is "christians" like you who want to impose our standards on everyone, even non believers, who do more to harm than good when it comes to bringing people to the teachings of Jesus Christ.
people of acworth, mr hines needs to take his personal agenda to the elsewhere.
It is not a matter of being fair, it is a matter of smart economics.
We (city residents) are already double taxed by the county for services they don't provide because our city governments, in most instances, provide those services (i.e. police and fire).
The additional revenue will help make up some of the difference.
Now hundreds of thousands ill-informed voters will turn out and TSPLOST has a chance of passing... the $10 billion MARTA bailout on the backs of Cobb County taxpayers.
Regardless of how you vote on Sunday beer, Vote NO on MARTA please vote to BOOT TIM LEE out on election day.
Janine Eveler has no previous experience working in elections. She was a temporary employee who was promoted.
Doesn't a county as large as Cobb deserve an experienced elections director??? This is the same Janine who hired a training manager from Broward County, Florida, who was seven months pregnant and quit abruptly after getting paid relocation, after she gave birth to her 4th child!!!!
FIRE JANINE EVELER AND DOTTY BISHOP - NOW
The lack of due dilligance on her part have caused this result. If she makes the wrong decision next time then it is not her fault but rather the people who keep her in this position. This was a blunder that requires action.
Sunday package sales are not necessary (personal opinion, no religious connection) and many of the store owners have said that on television.
No problem here with city dwellers voting twice on the same issue, they pay taxes twice, they vote twice. Sounds wrong but it is probably legal.... Government at work.......wow...
I am not attacking YOUR Christian religion. I am attacking SundayDrinking's fictional religion, where they hide behind their own misinterpretations of the Bible to promote their own agenda.
I stand by my comment.