According to state law, if a candidate:
(E) Is declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204;leaving no candidates for nomination or office, additional candidates may qualify for the election or that nomination by filing their petitions as provided by law no later than twelve o'clock (12:00) noon, prevailing time on the fortieth day before the election. If any of these events occur within ten (10) days of the fortieth day, the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time on the tenth day following the death or withdrawal.
Don't know what the Knox County Charter says (can't find a copy online - anyone?) so it may be different. But this looks to me like it says there is still time (until June 23) for someone, such as a write-in candidate, to qualify to be placed on the official ballot to replace a candidate declared ineligible because of term limits.
I am not a lawyer, and I may be interpreting it wrong, but it seems like a write-in candidate wishing to get on the official ballot could fill out a petition and get 25 signatures, turn it in, then ask for a court ruling under this provision if their petition is denied.
It's too late for the May 2nd primary (and I wonder why nobody mentioned this in the ten days following the Tennessee Supreme Court ruling in Shelby Co.?), but it would seem to apply to the August election.
Maybe a lawyer or election law expert out there could explain all this for us? Paging Herb Moncier...
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Ballot Confusion
While this response is not the "legal response" you're looking for, I do have a couple of basic questions about the ballot.
For the first time in years, I did not vote early in this Primary Election, because I must admit, I'm confused, and I've also never written in a candidates name before, so I'm not real clear about how to do this. There was a sample ballot in yesterday's KNS, but the names of the certified write-in candidates are not listed.
I recall reading articles in the KNS about the certified write-in candidates, but what would help is a sample ballot with their names in italics listed as certified write in candidates in the appropriate areas on the ballot for which they have been certified.
Although I am a Democrat, I usually vote in the Party Primary where I believe my vote will count most. Since this area is unreasonably Republican dominated, it is rare that Democrats on a ballot are opposed, which generally, seems to be the case this time around, as well. Without being able to look at a sample ballot that has all of the names on it in the various categories, I haven't even been able to decide the Primary in which my vote will count most.
Frankly, while not voting is against my very values, etc., I'm giving serious consideration to not voting at all on Tuesday, because I'm confused. For the record, I'm a well educated professional who's interested in both local and national politics, and try to keep up with things as much as possible.
Does anyone know whether the KNS, or any other form of media, including blogs, has developed a sample ballot that shows the write in candidates names in the appropriate areas for which they are certified and, if so, where the information can be found? Information about how to write in a candidates name, as well as what each one stands for in a brief synopsis would also be of help.
My time is very limited Tuesday, and I fear there will be horrific long waiting lines to vote, because of all the confusion, and the fact that many voters may be writing in candidates names for the first time ever. I put off voting early because of the massive confusion, and I was just as confused on the last day of early voting, as I am now, only a couple of days from the actual Primary.
If anyone knows of some helpful information in the form of a sample ballot with all names, including certified write in candidates, as well as something that contains a very brief synopsis about what each candidate stands for, I know a lot of us would appreciate learning where said information is, providing it can be accessed and printed off easily.
I really am leaning toward not voting in this Primary, because of the confusion, not knowing the names of the certified write in candidates and the offices for which they are running, or even how to write in a candidates name. Moreover, the last thing I have time to do on Tuesday is stand and wait in long lines to vote, because you know the process will move slower due to all the write in candidates, people not knowing how to write in candidates names, and overall confusion.
Unless I can get a hold of a sample ballot that lists every candidates name, including write-in's, by the appropriate offices and Party by which they are running, and a very brief synopsis about what each candidate stands for, it honestly seems to be more of a hastle then it's worth. I always have a sample ballot marked with the names I want to vote for, so I'm in and out of the voting machine quickly. Knowing no more then I know now, and not being overly passionate regarding any particular race, I may not vote Tuesday, unless some sort of said information is readily available, and I can get in and out of the voting place quickly.
If any of you know where I can obtain the type of sample ballot and brief reference about each candidate in a concise easy to read format, as well as how one goes about writing in a candidates name in the voting booth, I would really appreciate said information.
What I don't have time to do is hop, skip, and jump all over the place to various articles and blogs that may only address one or two particular races, but not everything.
Thank you in advance for any information along these types of brief, concise lines you may be able to provide.
There was a list of
There was a list of certified write-in candidates on the wall at the polling place where I voted early.
The mechanics of the paper ballot were easy. And the election workers seemed well prepared to handle it. So I wouldn't worry about the mechanics too much.
sample write-in ballot
The Democratic party has instructions for casting a write-in ballot, including a list of all the certified write-ins. There will also be volunteers at polling places handing out sample ballots and answering questions about how to cast a write-in vote.
It's only a county primary, so turnout is not going to be high enough to cause major lines. Really, a paper ballot is like having an extra machine at the poll, so it can actually be faster to vote that way.
The critical thing for a Democrat casting a write-in vote is to include the two countywide candidates on their ballot. They are Randy Tyree for sheriff and Jim Andrews for Chancellor, Div III (all three chancery seats are on the ballot, so be sure to write his name in the Div III box). Depending on which commission district you are in, you may want to write in a county commission candidate as well.
It's really not that hard. Based on what you've said, you'll feel worse if you don't try.
Mark, thanks for that
Mark, thanks for that analysis. CL, thanks for the link to the charter, much appreciated.
zoinks
Great find, Randy! That certainly makes it look like Brook Thompson's instructions are flawed. I'm no lawyer either, but that's pretty straightforward English. The rub is that this could lead to lots of names on the general election ballot and the possibility of the winner having a plurality, but not a majority.
The county charter is available through knoxcounty.org, but it's hard to find. For some reason the Law Director is about the only county officer without a home page. The only way I can ever find the charter is with the search tool and a well chosen search string.
quirky
on the knox county election commission site:1.A sample ballot 2.A list of all the write-ins & phone numbers....call 'em!!
There is a link to the Knox
There is a link to the Knox County Code on the Knox County home page. Right now, it the first item in the news section. It takes you to municode and you will need to scroll to the bottom of the page to get to the link that will actually bring up the code.
If you go to the Knox County Election Committee page, they have links to pdf copies of all the write in ballots and list of the write in candidates.
Thanks, CL. I will try to go
Thanks, CL. I will try to go find the link you mentioned. Maybe you could post it? If I find it in the mean time, I'll try to post it.
(The last time I looked it was not to be found. But my google skills are probably not up to par.)
If you have read it, does the Knox County Charter address the above provision in state law, overriding it somehow?
Try
Try this:
(link...)
I hope it's what you are looking for.
Remember when Chancellor Weaver
Remember when Chancellor Weaver was quoted as saying no candidate had been declared ineligible? I suspect he was directly addressing the section Randy is asking about at the time.
The section (Tennessee Code Annotated 2-5-101(g)), applies only to candidates who die, withdraw for certain specified reasons, or are declared inegible by a court.
Therefore, in looking at the current primary election, it was critical that no court had specifically declared any Knox County candidate ineligible, because no one has died or withdrawn. The State Election Commission's opinion that the incumbents are ineligible doesn't count. The section does not apply to the current situation.
The section also states that new candidates can submit their petitions no later than noon on the 40th day before the election. This is the basis on which the State Election Commission is saying that state law requires the ballot to be fixed 40 days before the election. This is not entirely true if you read 2-5-101(i), (the cooly named Anti-Skullduggery Act), but that section does not apply to this election either.
Finally, 2-5-101(g) applies only to candidates in a primary election or nonpartisan general election. Therefore, once the primary is over, this section will not apply to the general election. Once a candidate is a political party's nominee, he or she is replaced under T.C.A. sections 2-13-203 and 2-13-204, if they die, withdraw for certain reasons, or are declared ineligible by a court.
I have no prior experience with these sections, but that's how it looks to me.