Wed
Sep 1 2010
02:45 pm
The NEW Daily local is reporting that newly elected D-1 Commissioner Shawn Carter just now learned he is in violation of the Federal Hatch Act. Yawn. So he resigned. Yawn. Less than two hours after he was sworn in.
Wouldn't his employer (the Post Office) know or advise him of this law that prohibits federal employees from running in partisan elections?
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So who gets his seat?
Ballard? Or a special election?
Blount Dems need to be on top of this.
all part of the plan
The newly crowned batch of Republican County Commissioners believes that they have the right to declare a vacancy since Carter served a whole 2 hours. This also gives them the right to appoint his replacement. They've even gone so far as to say that today wouldn't give enough public notice so they will graciously set the appointment for October.
As opposed to declaring Carter ineligible for service and putting in his Democrat opponent, which is what you would do if you weren't so busy being disingenuous.
Scuttlebutt has Kenneth Melton being appointed as commission chair this year. I guess he's practicing up in today's article.
Update: This is the second time Carter ran for this office. Assuming he was also a postal carrier the first time, it would seem a little odd that in 4+ years this only came up in the 2 hours after taking office.
How convenient.
How convenient that he just now figured that out.
P.S. Seems to me if the
P.S. Seems to me if the winning candidate was not qualified then the qualified candidate with the next highest number of votes should get the job.
This would
have happened had Gregg Lonas been elected, I guess the Knox County Demo's knew he wouldn't be able to serve so they chose correctly in rejecting Lonas.
The Hatch Act does permit the following
• May campaign for and hold elective office in political clubs and organizations
Really NorthKnoxDem?
Who ever you are NorthKnoxDem: I did my homework before I ran! Below is a copy of the clarification letter I received from the U.S Office of Special Counsel, which I recieved before I picked up a qualifying petition. As a matter of fact there is a copy on file with the Knox County Election Commission. As you can see the Hatch Act specifically allowed me to be a candidate and hold office as State Executive Committeman for the Democratic Party:
Mr. Lonas,
The Hatch Act, 5 U.S.C. §§ 7321-7326, governs the political activity of federal executive branch employees, including USPS employees. See 39 U.S.C. § 410. The Act permits most covered employees to actively participate in partisan political management and partisan political campaigns. However, an employee covered by the Act may not, among other things, be a candidate for public office in a partisan election, that is, an election in which any candidate is to be nominated or elected as representing, for example, the Republican or Democratic Party.
Partisan political office does not include any office or position within a political party or affiliated organization. See 5 C.F.R. § 734.101; 5 C.F.R. § 151.101. Thus, covered employees may be candidates for office in a political party even if the election is held in conjunction with another partisan primary election.
Attorney, Hatch Act Unit
U.S. Office of Special Counsel
San Francisco Bay Area Field Office
It's difficult to perceive
It's difficult to perceive your own biases. Whatever mine are, they prevent me from understanding this Hatch Act. wtf? Can anyone explain what prompted its creation and what the intent was in passing it? What is the harm if a mailman serves on a local political body?
Simple
It was designed over 100 years ago to prevent people from sending their own campaign lit for free through the mails. Basically, it prevents our Federal civil service from becoming an old-school spoils system.
Every USPS worker learns about the Hatch Act. I find it impossible to believe that Carter was unaware of it.
More to the point, the Hatch
More to the point, the Hatch Act was intended to prevent political appointees in the federal government from using their civil service workforce as a ready-made, built-in campaign machine (as is still the case with the Knox County fee offices). It was one of the most important tools (along with the creation of the civil service system) in dismantling the patronage system that was the norm in federal hiring during the 19th century.
Every federal employee learns about the Hatch Act on day one of their employment, not just at the USPS, and it is routinely emphasized during political campaign seasons. It's impossible for any federal employee to be ignorant of its provisions.
Since it was illegal for
Since it was illegal for Carter to run, couldn't someone challenge the election results? If I were the losing candidate, I do believe I would.
Commissioner Ballard has replied to this.
I am trying to get him to cross post his response.
Good point. How were the
Good point. How were the election results certified with an unqualified candidate on the ballot?
Heads need to roll at the Election Commission
The results definitely were certified, and the date for challenging the results has passed. Surely there would be an exception for "new" information?
OK, then.
Don't hold your breath.
One last opportunity to play Caption this Photo!
Libby loves her job?
That is Libby Breeding, correct? Blount County Democrat who is Administrator of Elections. Right?
I believe that would be
I believe that would be correct.
I doubt it. But there's
I doubt it. But there's always the courts.
Statement from David Ballard
Statement from David Ballard received via email:
Let me be up front by saying that this is no surprise to anyone that had direct involvement in my campaign for the commission seat vacated this morning by Shawn Carter, Sr.. I refused to let knowledge of the Hatch Act violation be a part of my campaign for re-election. I chose to run on my record as a commissioner because I felt that it reflected a very fair and balanced representation of all my constituents.
With the results of the August 5th election it was obvious that the citizens of District 1 felt differently and I can accept that.
The issue here is with the local Republican Party, Election Commission, Blount Today, The Daily Times, and the candidate himself. They all knew that he was in violation of the Hatch Act for at least as far back as the May primary.
It is a simple question to ask: “Are you an employee of the US Postal Service?”
I take exception to former Chairman Steve Samples comment in the Daily Times the morning after the election about the lies and twisted things being said about the Republican candidates by the other side. The lies were told and covered by one side and one side only and that was the Republican side. Enough said.
The county now has a 21-seat commission full of Republicans. That is what the people of this county voted for, that is what they should get. Appointing an Independent or perhaps myself to serve on that seat is not what the people of this district voted for so find somebody else to fill it until the next election.
I would like to take this opportunity to thank the local blogging communities for providing an outlet to the local readers that are interested in finding some decent news about their community. They don’t get that from the local print media.
It was such a simple question to ask.
Sincerely,
David G. Ballard, Jr.
I refused to let knowledge of
I refused to let knowledge of the Hatch Act violation be a part of my campaign for re-election.
OK, I don't know Mr. Ballard, and he seems a decent sort, but srsly?? His opponent was running illegaly and he didn't mention it to the voters???
BTW, I agree with the folks who said all Federal employees are aware of the Hatch Act. I was briefed on it the first day I was at TVA, and then again later when the rules were relaxed somewhat.
Was it Ballard's job to vet his opponent?
I think it was the Election Commission's job, not Ballard.
What about the State Ethics Commission?
What is the point in filing those SS-8005 candidate financial interest forms with the State Ethics Commission if they are not the body charged with reading them?
Why is there no penalty when a candidate files the forms late? I mean late like a few days before the election? In this case Carter's form states it was filed only five days before the May primary.
Melton and Breeding
Melton elected Chair Sept 1 at 11 AM Special Meeting at the conclusion of the meeting Carter resigned
Breeding is a Republican; this is determined by the majority in the Legislature - Senate I believe
Breeding is a Republican;
Breeding is a Republican; this is determined by the majority in the Legislature - Senate I believe
Actually, no. She's one of the few Democrats who kept her job after the GOP took over the state and county election commissions after the last election.
Party
I may be wrong about Libby's party affiliation but she has only held this office for 4 years
Becky Wheeler a democrat vacated the office 4 years ago when the state senate became majority R Here is where the party of the head election person is determined
I suppose if a county wanted to go with another party they could I really don't know but I can't imagine BC doing this
The state election
The state election coordinator was a Democrat up until the 2008 elections. I believe almost every (every?) county election administrator was a Democrat up until then.
All I know about the hatch
All I know about the hatch act would fill a twitter tweet. I just know my Dad, a federal employee wouldn't let any candidate put a yard sign in his yard, stating it would be a hatch act violation. I don't know if it would or wouldn't be, but I sure do enjoy putting signs in my yard now.
Kime
Putting signs in your yard is
Putting signs in your yard is NOT a Hatch Act violation (although it used to be before they eased the rules - sometime between 1982 and 1996 cause I was at TVA when it happened). Running for a non-partisan office (e.g. Knoxville mayor or city council) isn't a Hatch Act Violation.
Running for a partisan political office is the very definition of a Hatch Act violation - and in this case the candidate, the local Republican party, the local Democratic party, and the local election commission all had to know it. The fact that it was allowed to happen speaks poorly of all these entities.
What would it have really looked like ...
What would it have really looked like if the BCDP or any candidate questioned the right of a person to run for office?
Too perfectly orchestrated. Question remains: who is the conductor?
Everyone keeps pointing
Everyone keeps pointing fingers at Carter (or Ballard). The responsibility for ensuring a democratic process falls to those charged with said responsibility:
2-19-114. Illegal act by official causing loss of ballots or invalidating election. —
An election official or member of a board or commission holding office under this title commits a Class E felony if such person intentionally fails to do any official act required by law or does any illegal act, in relation to any election by which act or omission the votes taken at the election in any precinct are lost, or the electors thereof deprived of their suffrage at such election, or if such person intentionally does any act which renders such election void.
[Acts 1972, ch. 740, § 1; T.C.A., § 2-1914; Acts 1989, ch. 591, § 113; 2001, ch. 465, § 10; 2006, ch. 903, § 4.]
Good luck finding someone on
Good luck finding someone on the Blount County Election Commission who will admit to having firsthand knowledge on the issue prior to the election.
Evidence of their knowledge is out there--it has to be
Somewhere, something's published to show they knew.
Due diligence or reasonable performance of responsibilities would require eyeballing candidates for eligibility--not only upon completion of initial paperwork, but later, if necessitated by facts that arise. Once it became widely known where Carter worked, it was the duty of the election commission, or Libby Breeding, or indeed the Republican party leadership, to call Carter in and inform him of his ineligibility.
I agree with Mello: Would they admit it willingly? No. Could they stick to the same story if cross-examined? Not convincingly.
But it won't come to that. Not unless the BCDP decides to stand up on its hindlegs and fight in this instance.
The Maryville Daily Times
The Maryville Daily Times reports that Blount Dems have requested a federal investigation.