What is this lawsuit about?
Finn v. Cobb asserts that the Cobb County School Board created a racially gerrymandered school board map after the 2020 U.S. Census in violation of the 14th Amendment of the U.S. Constitution. The lawsuit describes how the map diminishes the ability of Black and Latinx voters in Cobb County to equally participate in the political process of electing school board members. The Cobb County School Board governs the second-largest school district in Georgia.
Who are the plaintiffs in the lawsuit?
The federal lawsuit was brought on behalf of civic engagement organizations, including the GALEO Latino Community Development Fund Inc., the New Georgia Project Action Fund, the League of Women Voters of Marietta-Cobb County and the Georgia Coalition For The People’s Agenda Inc., and individual Cobb County voters – including parents, advocates and former Cobb County School District students. These organizations and individuals are the plaintiffs in the lawsuit.
Attorneys from the Southern Poverty Law Center, the ACLU Foundation of Georgia Inc., the Southern Coalition for Social Justice, the Lawyers’ Committee for Civil Rights Under Law, Schulte Roth & Zabel LLP, and the League of Women Voters of the United States represent the plaintiffs.
Who are the defendants in the lawsuit, and why are they being sued?
The defendants in the lawsuit are the Cobb County Board of Elections and Registration and the Cobb County elections director. They have been named as defendants because they are responsible for implementing electoral maps in the county. The lawsuit seeks to block implementation of the school board map. The court’s decision may impact how the Cobb County Board of Elections and Registration implements the current map in the upcoming election.
Although the entities responsible for drawing the gerrymandered map – the Cobb County School Board and key state legislators – are not defendants, the lawsuit asserts they manipulated district lines based on race.
In Georgia, the General Assembly must approve county-level redistricting maps through the legislative process. County entities may be involved in the map drawing, but the finalized map must be passed into law by the state government.
What has happened in the lawsuit so far?
After the lawsuit was filed, the Cobb County School District asked the court to be added to the lawsuit as a defendant, placing them in the same position as the Cobb County Board of Elections and Registration. The plaintiffs did not oppose this request, which was granted by the court in January 2023.
However, in March 2023, the school district filed a motion asking to be removed as a defendant in the case. On July 18, 2023, the court granted the school district’s motion and named the Cobb County Board of Elections and Registration and the Cobb County elections director as the only remaining defendants in the lawsuit.
On Oct. 9, 2023, the Cobb County Board of Elections and Registration voted to move forward with a “stipulated settlement agreement” with the plaintiffs. The agreement details how each party will proceed in the litigation.
In October 2023, the plaintiffs asked for a preliminary injunction blocking the defendants from continuing to use the racially gerrymandered map in upcoming elections.
On Dec. 14, 2023, the court granted this preliminary injunction, ordering the Cobb County Board of Elections and Registration to not implement the map. The court also established a process that allows a temporary map to be used in upcoming elections until final resolution of the case can be decided. The next Cobb County School Board election is May 21, 2024.
How will a temporary map for the upcoming 2024 elections be decided?
The court’s preliminary injunction order gives the Georgia General Assembly until Jan. 10, 2024, to adopt a new map. Then the plaintiffs and defendants in the case have a chance to respond to the Georgia General Assembly’s actions and give the court other input by mid-January 2024. The court will consider these responses and decide the next steps for implementing a map for the upcoming 2024 elections.
What could this mean for Cobb County voters in the next election?
Cobb County voters should follow this case and this court-ordered process closely to understand the map for the upcoming 2024 Cobb County School Board elections. We will update this page as the litigation proceeds.
What is the settlement in the case about?
The “stipulated settlement agreement” between the plaintiffs and the Cobb County Board of Elections and Registration states:
- The plaintiffs will file a preliminary injunction motion to block the use of the current maps for the 2024 election cycle.
- The Cobb County Board of Elections and Registration will take no position on the motion.
- The plaintiffs will request that the court provide the Georgia General Assembly the first opportunity to draw a new redistricting plan for the school board districts. If the state legislature fails to draw a new map or draws a map that does not meet constitutional standards, the plaintiffs will request that the court continue to supervise the implementation of a new constitutional map.
- If there is a new map approved by the court for the 2024 elections, the Cobb County Board of Elections and Registration and the plaintiffs will work together on an agreement to allow this map to be implemented until the next redistricting cycle.
Importantly, the agreement states that the plaintiffs must still pursue and prove their case with the court. To save time and resources, the plaintiffs agreed not to seek any fees, expenses and costs against the Cobb County Board of Elections and Registration regardlessof the case outcome. The agreement is subject to the court’s full review and approval, especially the implementation of a new map for the 2024 elections and beyond.
How do you racially gerrymander a map?
Racial gerrymandering is the manipulation of electoral district boundaries based on race. The creation of racially gerrymandered districts – often referred to as “packing” or “cracking” – diminishes the ability of people of color to receive equal representation and to participate equally in the political process.
Racial gerrymandering is unconstitutional. The 14th Amendment states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” This language prohibits the governments from denying anyone the equal protection of the laws, including equal access to the political process. That means that the government cannot deny equal access to the political process by racially gerrymandering a map.
Photo at top: (Credit: Joshua L. Jones/USA Today Network)
