Cobb Alcohol Vote Facing Challenge

Updated 4 p.m.

Cobb County's 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 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 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, , even though Woodstock, and 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.