Fri
Apr 7 2006
12:54 pm

The Tennessee Supreme Court refused to hear appeals by Herb Moncier to postpone the upcoming May 2nd primary or to decide if term-limits apply to county officials other than county commissioners.

This leaves the question completely up in the air, and sets the stage for more confusion and lawsuits during and after the May 2nd primary and the August elections. Moncier has already filed new motions to delay the primary.

Meanwhile, there is no question that twelve county commission candidates on the May 2nd primary ballot are ineligible to hold office. Yet the names stay on the ballot and the election goes on.

According to the Knoxville News Sentinel (registration required) leaders from both the Democratic and Republican parties say they will nominate replacement candidates should any term-limited candidates win in the May 2nd primary:

GOP Chairman Brian Hornback said his party would hold a convention in each commission district in which a disqualified incumbent has won the primary. Democratic Party Chairman Jim Gray said his party would hold an election to pick new candidates.

No other details are available regarding how this will work exactly, raising concerns of "back room deals" by local political machines to hand-pick candidates without voter input.

New county commission candidates are also mounting write-in campaigns. So far, eleven have qualified (plus Randy Tyree for Sheriff, who has to run as a write-in because he missed a state deadline for certification). To have their votes counted, write-in candidates have until April 12th (when early voting starts) to file a certification form.

Another issue that isn't being discussed much is how all this might affect voter turnout. With most candidates ineligible, and many others running unopposed, will voters stay home in droves? Would that vindicate local power brokers who want to hand-pick replacement candidates?

What a mess. This is starting to make voters and election officials in Florida look like electoral geniuses in comparison.

smalc's picture

1994 proposition

I am curious, what was the exact wording of the proposition that was on the ballot in 1994? From what I read about it lately, it apparently said something to the effect of all elected officials.

So, regardless of the current debate of constitutional officers vs commsioners, home rule charters, etc., didn't 70some percent of the voters vote for term limits for all elected officials? I know there was a "throw the rascals out" frenzy back then, and I personally have mixed feelings about term limits, but how have the elected officials justified completely ignoring the vote?  And, why have the voters tolerated it?

Bill Young's picture

Democrats

If a Democratic Convention is necessary to select nominees,the law is clear,the Democratic Party Executive Committee has sole power in the matter.However,the Tennessee code allows the Democratic Committee to "determine the method of nomination."Therefore,the Democratic Committee is not bound by the by-laws of the Party or the past.I am confident that the Democratic Executive Committee will do the right thing.

Bill Young's picture

METHOD

T.C.A.2-13-204(3):"The county executive committee shall determine the METHOD of nomination."The key word is method...Webster's defines method as "a way of doing anything;procedure;process"Therefore,the law allows the Democratic Executive Committee, to do what it thinks is best;for the circumstance it finds itself in;with respect to nominating candidates at a County Convention.

Bill Young's picture

Democratic Party Meeting

Let's turn out the Netroots for the April 20th Democratic Party meeting.If we don't show up... the Committee will not know what your opinion is.Frankly,I don't know how to turn out the Netroots but with your help I'm willing to learn.Go to the Party website for place & time.While your there print a copy of the Party by-laws & bring them with you to the meeting.

Quirky's picture

Term Limits

I think the local officials have been able to ignore the 1994 vote, because the "Constitutionality of term limits" has been tied up in Tennessee Courts ever since that election, primarily by the Shelby County case which, based on the very recent Tenn. Supreme Court decision in that case, directly effects Knox County.  I recall voting in favor of term limits, because I think it's a good thing overall to get some "new blood" in local government, rather then the same old power establishment persist for years, and I certainly thought my vote included ALL elected county officials, not just County Commissioners. 

The refusal of the Tenn. Supreme Court to take up the issues raised by Herb Moncier makes little sense, given the time constraints involved, and the fact that we're dealing with how an election is carried out.  This goes to the very heart of our electoral process and, by deciding not to hear the issues raised by Mr. Moncier, the Tenn. Supreme Court is really leaving much of the Knox County Election in a state of chaos.  We already know the recent Tenn. Suprreme Court decision in the Shelby County case disqualifies several incumbent County Commissioners whose names are already on the ballot.  These ballots have already been sent and returned by the select military, and other certified voters not presently domiciled in Knox County,Tennessee.  So, do we just throw their votes out? 

Legally, you just can't overlook the Tenn. Supreme Court's decision in the Shelby County case, as it clearly affects several of our incumbent County Commissioner's and, presumably, the Court's reasoning would/should seemingly apply to ALL other elected County Officials who have already served two consecutive terms in office.  Thus, the option of continuing with the election as though the Tenn. Supreme Court had not issued the decision in the Shelby County case, thereby allowing all County Commissioner's to run, regardless of whether they've already served two terms in office, is NOT a legally viable option for Knox County.  The Court's decision set precedent, and the decision was made in time to make necessary changes to the way in which the upcoming election is carried out in the Tennessee Counties affected by the Court's decision. 

As things stand now, the ineligible County Commissioner's remain on the ballot, thereby leaving voters confused, and unsure as to even how to go about writing in a candidates name.  Any votes given to the ineligible County Commissioner's are just votes thrown away.  Moreover, by not addressing the issue of whether the Court's ruling in the recent Shelby County case applies to ALL elected County Officials, and it seemingly does based on the reasoning the Court used in making its decision, then any elected County Officials, other then County Commissioner's, would presumably be unlawfully elected, as the Shelby County case was decided well before the election and established precedent. 

All the Tenn. Supreme Court needs to do is clarify the reasoning of the Court in terms of its application to ALL elected County Officials, rather then the more narrow issue of term limits for County Commissioner's, to which the Shelby County case itself was limited. 

The overall maintenance of the electoral process and the Constitutional rights of voters, clearly outweighs carrying out an election where all 2-term County Commissioner's are ineligible, but still confusingly on the ballot; while other 2-term County Officials are presumably eligible, although subject to change at any time on simple clarification by the Court, thereby necessitating the possibility of a Special Election right after the initial election; just to adhere to specific time constraints and protocol established for elections in the Tenn. Constitution, is idiotic and unnecessary. 

Simple clarification by the Court right now in applying their reasoning in the Shelby County case to ALL elected County Officials, as the voter's voted for back in 1994, would easily clear the situation up; and the Court can easily direct changes in election dates, ballots, and provide sufficient time for new candidates to run for office.  This is certainly much more in keeping with the spirit of our electoral process, democracy, Federal and State Constitutions, and necessity that elections and ballots are set up in an extremely simple, understandable manner for ALL voters to effectively cast their ballots in a manner that assures their votes will be counted.

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