Cobb Alcohol Vote Facing Challenge
A Marietta lawyer says the ballots in the county's six municipalities should have included the option for unincorporated Cobb.
Updated 4 p.m.
Cobb County's Sunday alcohol sales vote is being taken to court.
Marietta lawyer Justin O'Dell of Cauthron, Nohr & O’Dell filed a petition in Cobb County Superior Court today to ask for a revote that includes the residents of the county's six cities as well as those who live in unincorporated areas, the Atlanta Journal-Constitution reported.
"The county will be in court and will provide information to the judge as to what our opinion was based on," county spokesman Robert Quigley said in an email.
County Board of Commissioners Chairman Tim Lee acknowledged to the AJC and the Marietta Daily Journal that excluding city residents was a mistake.
If a judge agrees, O'Dell said, the only option is to throw out the March 6 vote and hold another election, the AJC reported.
Would another vote be worth it? Tell us in the comment space below.
The first opportunity to revote would be the July 31 election, which will include a referendum on the 10-county regional transportation sales tax and primaries for state and county offices. As with the March 6 vote, the county would avoid the additional expense of a special election by piggybacking on the existing election.
Original Report
The Sunday alcohol referendom that passed earlier this month in Cobb County may have hit a snag.
In the March 6 primary, only those in unincorporated Cobb voted on the referendum. Some are questioning whether residents in the county's six cities should have been able to vote on it as well.
All residents in Cherokee County, cities included, voted in November to allow Sunday sales, even though Woodstock, Holly Springs and Canton had separate city-only referendums at the same time.
Kennesaw Mayor Mark Maththews told the Marietta Daily Journal he was surprised to find that he didn't get to vote on the county referendum.
All six cities in Cobb County have passed their own Sunday sales referendums but should have been allowed a say in the countywide vote, Mathews said.
The chairman of the county commissioners, Tim Lee, said the county got bad information on the process from the county attorney.
Justin O’Dell with the Marietta law firm Cauthron, Nohr & O’Dell told the MDJ he intends to file a petition for a new election on behalf of former state Rep. Roger Hines of Kennesaw.
The deadline for such a suit is today.
Lee said if someone files suit today and a judge agrees on a new election, he could put the question on the July 31 ballot.
David Staples
5:47 pm on Friday, March 16, 2012
I didn't get to vote in the various city elections, even though the grocery stores I shop in are in the city. Why should those in the city be able to vote on the issue in the unincorporated areas?
Jerry
1:19 am on Sunday, March 18, 2012
Cobb is doing everything it can to stop Sunday liquor sales. The ones against names should be made public so we know who to vote on in the next election. The last vote was passed with over 60% to approve it.