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Published on KnoxViews (http://www.knoxviews.com)

Another bombshell decision?

By R. Neal
Created Jan 26 2007 - 12:38

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?

(Here's a PDF of the ruling [1], courtesy of Scott Emge.)


Source URL:
http://www.knoxviews.com/node/3460