In the March 6 primary only those in unincorporated Cobb County voted on a the referendum. Some are questioning whether or not residents in Cobb's six cities should have been able to vote on it as well.
In Cherokee County, all residents, cities included, voted in November to allow Sunday sales.
Marietta lawyer Justin O'Dell of Cauthron, Nohr & O’Dell filed a petition in Cobb County Superior Court Friday 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.
Asked about the county's response, Cobb government spokesman Robert Quigley emailed: "The county will be in court and will provide information to the judge as to what our opinion was based on."
County Board of Commissioners Chairman Tim Lee acknowledged to the AJC and the MDJ that excluding city residents was a mistake.
Kennesaw Mayor Mark Maththews told the Marietta Daily Journal that he was surprised when he went to vote.
“There were voters that were purely disenfranchised because they weren’t given the opportunity to vote on a county-wide referendum,” Mathews said.
Cities in Cobb County, including Marietta, have passed their own Sunday sales referendums, but should have been allowed a say in the county-wide vote, Mathews said.
Tim Lee, says that the county got bad information on the process from the county attorney.
Mathews said there is only one way to fix the problem. A voter needs to file a lawsuit.
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.
What's the point of voting again? Is the principle 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 a 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 an existing election.