Atlanta City Council will soon consider legislation that outlines a new process for validating ballot referendums initiated by the public.
Councilmember Liliana Bakhtiari introduced the ordinance on “codifying procedures governing the acceptance, review, and validation of petitions pursuant to populist-led referendum” at the council’s Jan. 8 meeting. No other council members signed on to the proposed legislation.
The proposed ordinance stems from the city’s refusal to verify the more than 100,000 signatures gathered by the Vote to Stop Cop City coalition during its months-long petition drive to force a referendum on the $90 million training center. Opponents of the training center call it “Cop City.”
Bakhtiari said although the proposed legislation specifically mentions the Stop Cop City movement, it is really about protecting the public’s right to direct democracy. The city has never had a referendum put on a ballot through a petition drive, resulting in confusion, frustration and a drawn out legal fight over the petition process.
”What we’re seeing with the petition processes is unprecedented. It’s the first time these laws have been tested,” Bakhtiari told Rough Draft.
“[The legislation] happens to deal with the petition process that was started by the training center … [but] this is about protecting democracy at a much larger scale,” Bakhtiari said.
Bakhtiari said their proposed legislation, if approved, would ensure the city’s process “is clear, is honest, airs on the side of democracy, protects our constituency and upholds the voice of the public.”
The city has a signature verification process established, but voting rights groups have criticized it as “subjective and unreliable.”
A bitter legal battle has been brewing between the city and Stop Cop City activists over the signature verifications. The case is now before the 11th Circuit Court of Appeals. Even as the legal fight goes on, the construction of the 85-acre complex continues. City officials have said they expect the facility to open by the end of the year.
The proposed referendum would allow voters to choose if they want to repeal the ordinance that authorized the lease of roughly 300 acres of South River Forest land to the Atlanta Police Foundation. Mayor Andre Dickens along with some city and state officials have called the petition drive “invalid” and “futile.”
Now is the time for the council to approve a process to protect direct democracy because Republican lawmakers are continuing to strip away voter rights, Bakhtiari said.
Bakhtiari noted the federal court ruling last month that upheld a Republican-drawn congressional map that voting rights groups and some Democrats said illegally diminished the voting power of Black metro Atlanta residents.
“Direct democracy, while it can be imperfect, is the last line of defense right now against increased gerrymandering and voter suppression that we see not just happening in the state of Georgia but nationwide,” Bakhtiari said.
Bakhtiari also said the primary purpose of the ordinance is to ensure discussion of the city’s referendum process happens in an open forum and not just in courtrooms or behind closed doors.
“What is important, above all else, is transparency,” Bakhtiari said.
Bakhtiari worked with members of the Vote to Stop Cop City coalition to write the proposed ordinance. The coalition, which includes representatives from state and national voter rights groups, has repeatedly accused the city of “stonewalling democracy” by not verifying the signatures.
“The coalition worked with Councilperson Bakhtiari out of our continued focus on getting democracy done for Atlanta, and making sure that a few powerful politicians in the mayor’s office don’t suppress the voting rights of their own constituents,” said coalition tactical lead Dom Kelly with New Disabled South Rising, the referendum’s fiscal sponsor, in a written statement.
“This legislation follows national best practices, and it creates a process that voters, officials, and the public can understand and trust. It was built with input from data experts, the experience we gained in the field, and through consultation with leading voting rights attorneys who drew on processes used nationwide,” Kelly said.
“Referenda, per our city’s charter, fall under the responsibility of the City Council — not the mayor. The mayor should not, in any way, be involved in instructing — or in this case obstructing — the people’s rights,” Kelly said.
“This is about setting a strong precedent for not just the signatures we collected, but about every future referendum effort that will build on this foundation. Atlanta owes it to the voters to get this passed,” Kelly said.
Bakhtiari said they will seek support for the legislation from the other council members over the next two weeks. The Committee on Council, chaired by Bakhtiari, is expected to vote on its recommendation for the legislation at its Jan. 22 meeting, before the full City Council meets.
“We all recognize that this goes beyond the police training center and that this is about democracy itself,” Bakhtiari said.
The city won’t verify the 16 boxes of signatures that have sat in City Hall since they were submitted in September because it says a U.S. District Court judge’s ruling allowing those not living in Atlanta to collect signatures violates city and state law. The ruling also restarted the 60-day deadline to collect signatures, which the city says is also illegal.
Dickens, a strong and vocal supporter of the training center, sent a letter to City Council members before the Jan. 8 meeting. In it, he gave an update on the training center’s construction. He also said the city cannot verify the referendum petitions until a ruling comes from the 11th Circuit Court.
“Once that 11th Circuit makes its decision, I will recommend that the City Council direct the Clerk to begin the validation of the petitions in accordance with the process as published as soon as possible,” he wrote.
This story has been updated with a statement from the Stop Cop City coalition.