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Another bombshell decision?
Submitted by R. Neal on Fri, 2007/01/26 - 12:38pm.
In the case of Della Volpe v. Jordan and the Knox County Election Commission:
The only issue before this Court is whether or not the election involving Mr. Della Volpe and Commissioner Jordan is to be certified as a valid election, and I think the Supreme Court by virtue of declaring vacancies in these offices has already declared that it is a void election, and this Court doesn’t need to take any additional steps in that regard. I think the controversy that was before this Court has been rendered moot by the decision of the Tennessee Supreme Court. I think they have already made that ruling.
So if you want to certify something to the Commission, Mr. Della Volpe, you may prepare an order to the effect that this Court finds that the decision has already been made by the Tennessee Supreme Court that the election in August 2006 involving term-limited officers in Knox County was in fact a void election...
Does this mean the runners-up in those elections are the rightful officeholders? It could also seem to affect whether term-limited commissioners currently serving get a vote, or whether it is up to the remaining commissioners, or whether the runners-up (where there was opposition) automatically fill the vacancies.
But, this would be in conflict with the Tennessee Supreme Court order that current officeholders will continue to serve until they are replaced, and that the County Commission will replace them.
Sounds like this could get interesting. Or maybe I'm reading it all wrong?
Submitted by Number9 on Fri, 2007/01/26 - 12:53pm.
Johnny Ringo might have a take on this? You out there Mr. Ringo.
Election Law is tricky. I do not believe that since the Election was certified that it can be undone. It does sound like mixed signals, in fact I think it is, but if I have it right the final arbiter is that the Election was certified.
Submitted by R. Neal on Fri, 2007/01/26 - 12:58pm.
This was a contest of the election and its certification that was filed within statutory time limits. As they say, read the whole thing.
The contest was upheld by this ruling. The scope of the ruling, though, appears to apply only to the parties involved.
There was some discussion among the lawyers and the Judge about whether the ruling would be too broad. I'm not exactly clear on how that was settled. The Judge seemed very reluctant to say much beyond the issue before him.
You're hyperventilating. The decision says the TSC decision implies the August election is void with regard to term-limited officials, and commission is already in the process of replacing those officials, so nothing more need be done.
The Supreme Court already granted the sitting commissioners the power of their offices, so there is no basis for reversing votes by the commission since August or asking them to return their salaries.
Yesterday (Thursday) for about 2 hours and this morning (since about 8:30am), Mike Lowe, Steve Hall and Mike Padgett have been meeting in Steve Hall’s Office on the 2nd Floor of the City County Building. Apparently from sources, the three are considering filing for a FEDERAL INJUCTION preventing their removal of office despite having been deemed term limited by the Tennessee Supreme Court.
Mike Lowe apparently believes that because he receives state monies from the state for the county, he is in fact a STATE official not a county official.
Posted by: Someoneinthe CityCountyBuilding at January 26, 2007 02:55 PM
Submitted by Scott Emge on Fri, 2007/01/26 - 5:57pm.
Mike Lowe,Steve Hall and Mike Padgett have been meeting in Steve Hall’s Office on the 2nd Floor of the City County Building. Apparently from sources, the three are considering filing for a FEDERAL INJUCTION preventing their removal of office
Johnny Ringo might have a take on this? You out there Mr. Ringo.
Election Law is tricky. I do not believe that since the Election was certified that it can be undone. It does sound like mixed signals, in fact I think it is, but if I have it right the final arbiter is that the Election was certified.
This was a contest of the election and its certification that was filed within statutory time limits. As they say, read the whole thing.
The contest was upheld by this ruling. The scope of the ruling, though, appears to apply only to the parties involved.
There was some discussion among the lawyers and the Judge about whether the ruling would be too broad. I'm not exactly clear on how that was settled. The Judge seemed very reluctant to say much beyond the issue before him.
Well, just for kicks, let's say the election was void.
The vote on the Midway Industrial Park would then be null and void as would any votes since the election.
County Commissioners would have to return the salaries accrued.
I'm sure there are many things I am missing but this would be epic in both proportion and effect.
Someone with standing, like the Election Commission, would challenge this and back to the Supreme Court we would go.
Who is paying for all of these legal fees?
We, the taxpaying citizens of Knox County, are paying, both literally and figuratively.
"You can't fix stupid..." ~ Ron White"
You're hyperventilating. The decision says the TSC decision implies the August election is void with regard to term-limited officials, and commission is already in the process of replacing those officials, so nothing more need be done.
The Supreme Court already granted the sitting commissioners the power of their offices, so there is no basis for reversing votes by the commission since August or asking them to return their salaries.
Way to break it down, Rikki.
From Michael Silence's blog:
Yesterday (Thursday) for about 2 hours and this morning (since about 8:30am), Mike Lowe, Steve Hall and Mike Padgett have been meeting in Steve Hall’s Office on the 2nd Floor of the City County Building. Apparently from sources, the three are considering filing for a FEDERAL INJUCTION preventing their removal of office despite having been deemed term limited by the Tennessee Supreme Court.
Mike Lowe apparently believes that because he receives state monies from the state for the county, he is in fact a STATE official not a county official.
Posted by: Someoneinthe CityCountyBuilding at January 26, 2007 02:55 PM
Mike Lowe,Steve Hall and Mike Padgett have been meeting in Steve Hall’s Office on the 2nd Floor of the City County Building. Apparently from sources, the three are considering filing for a FEDERAL INJUCTION preventing their removal of office
Pathetic.
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