I was going to write about the Mark Clayton situation, but WhitesCreek Steve pretty much sums it up right here.
OK, I will write about it anyway since I have gone to the trouble to look at state law and such. Plus it will give readers a place to vent and discuss it if you want.
At its core, Clayton's nomination is a failure of the Tennessee Democratic Party to vet candidates. It is also a failure of voters to perform due diligence, unless they truly wanted this clown to represent Democratic Party values in an important election.
And, once again, Tennessee is a national joke, except this time it's Democrats providing the punch line instead of Republicans.
Yes, we all know it is highly unlikely that any candidate would defeat Bob Corker in the general election (unless Jesus came back and ran, but then it would be the Rapture or something and voters would be otherwise preoccupied). A candidate like Park Overall, though, would have at least raised some progressive hell.
And, yes, we all know that the overworked and underpaid TNDP staff had more than 100 candidates to vet for the primary. It would seem, though, that county party organizations could vet the candidates in their jurisdictions, and the state party could be responsible for vetting the 19 U.S. House and Senate candidates. That doesn't sound so difficult.
According to state law (TCA 2-5-204), the state party executive committees can make a determination whether candidates are "bona fide members of the political party whose election they seek" according to TCA 2-13-104, which also provides that "A party may require by rule that candidates for its nominations be bona fide members of the party."
The TNDP bylaws (Article III, Section 2) state "To the maximum extent allowed by law, the Tennessee Democratic Executive Committee shall insure that Party nominees for elected offices are bona fide Democrats."
TCA 2-5-204 also provides that the state party executive committee's determination "shall be filed with the chair or administrator of elections of each county election commission on whose ballots the candidate's name would otherwise appear no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election."
The TNDP failed to carry out its duties under its own bylaws.
As for what can happen next, state law (TCA 2-17-104) provides for candidates to contest a primary election result, and candidate Larry Crim says he intends to do so. The same law provides for the state party executive committee to "make the disposition of the contest which justice and fairness require, including setting aside the election if necessary."
But then what?
State law (TCA 2-13-204, "Withdrawal or death of a candidate - New nomination,") lists several scenarios by which a state party executive committee can make a new nomination. The only one that applies here is if the nominee "is declared ineligible or disqualified by a court."
One could argue, we suppose, that the language is subject to interpretation, i.e. a court must declare the candidate ineligible or disqualified. But, as Rosalind Kurita found out the hard way, the courts have apparently interpreted this to mean "declared ineligible" (presumably by any provision of state law including the state party executive committee saying so) is separate from "disqualified by a court."
Assuming that to be the case here, TCA 2-13-204 provides that "If the office is to be filled by the voters of the entire state, the party's state executive committee shall determine the method of nomination." Which means the TNDP could just pick a different candidate to be on the November ballot, similar to what they did in the Kurita case that was upheld in court and on appeal. (At least that's my analysis, please feel free weigh in.)
Anyway, none of this is likely to happen. The TNDP's bold action is to apologize and "disavow" the candidate. And there's no provision I could find for holding another primary and Goins has already said that ain't gonna happen.
Not that any of it matters at this point. The TNDP has helped Corker to the extent that he doesn't even have to campaign if he doesn't want to, and Democrats have missed an opportunity to at least get their message out during the campaign.
What does matter is that this gets fixed going forward. It's bad enough the party can't recruit credible candidates in this state. Allowing candidates like Clayton on the ballot is even worse.
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If they could get rid of
If they could get rid of Kurita, then they should work really hard to get rid of Clayton. Nah, too much work.
It sounds to me like it will
It sounds to me like it will be up to one of the other candidates to challenge the election. Crim calls on the TNDP to take action or else he will take legal action. Seems to me like he should just file the contest as soon as the results are certified.
I agree it would be nice if
I agree it would be nice if Crim did take further action.
I can't figure out how these people got votes.
Mark Clayton got over 48,000 votes and he's not even a Democrat. Oh, yeah. his name was first on the ballot.
How did Gary G. Davis, a baker from Nashville, get over 24,000 votes, a couple of hundred more than Overall? Then, Larry Crim, Nashville, received 17,000 votes.
Who are these people and why are citizens voting for them?
Without
Without an active, engaged press corps that is committed to keeping the populace informed I fear that elections such as this will become the norm rather than the exception. There are divorces to cover you know. One must have priorities.
I agree with this. I also
I agree with this.
I also feel much more could be done in the schools. With them spending weeks/months as part of schoolwork going through researching candidates, issues, referendums, etc. and having elections on election day in the school. By the time students leave high school they should have spent years developing as an informed, active voter for every election in their community.
That would create generations of responsible, informed voters.
And it just gets weirder. It
And it just gets weirder.
It seems Clayton and Crim are both represented by the same lawyer. And said lawyer is yammering about lawsuits and a special election, when, if I'm not mistaken, all Crim has to do is contest the primary to the TNDP executive committee. Maybe they both need a better lawyer.
Like I said, Crim needs a
Like I said, Crim needs a better lawyer:
Judge won't void US Senate Democratic primary | wbir.com
Even better coverage
Nashville Scene coverage of Crim hearing. Be sure to read the attached PDF of Mark E. Clayton's brief with some popcorn at the ready...
On that last point, Commenter would refer Appellant to the precedent of Takes One v. To Know One.
Better yet, Park Overall
Better yet, Park Overall should follow through with her desire for public service and contest the primary to the TNDP and head both crazies off at the pass.
Bottom line:TDP clearly
Bottom line:
TDP clearly doesn't want to contest the re-election of Bob Corker.
This is what I told the fundraiser from TDP calling me from the 901 area code two days ago.
I will give to candidates, but until house is cleaned over there at the state party, they can stop calling my house for donations.
ETA: The fact that Clayton won the Democratic primary gives him every right to demand the resources of the state party (voter lists, phone banks, etc.). I don't know that a simple disavowal is enough to obviate them of this responsibility.
Another option
I know it is not a good scenario for the Tennessee Democratic Party but there still is my campaign to consider. Here is a link to my facebook page. Please consider supporting a progressive campaign. (link...)
Sincerely
Martin Pleasant
Not even cannon fodder candidacy... sad
I can't believe that TNDP wasn't making any sort of moves to groom and to facilitate the candidacy of anyone.
I simply don't buy this whole "we don't take sides in primaries" nonsense. They go to lengths to put the kibosh on a primary to do Harold Ford Jr a solid (and this was even prior to Kurita's support for the emergent Senate majority), they manage to foist Bob Tuke - a dude with ZERO elected experience - in front of the voters in the last cycle... and now there's this non-candidate candidate on the ballot and they claim powerlessness. It's laughable.
Wonder who they'll not-run against Haslam in the next cycle. Mike Turner's probably the odds-on favorite at this point. Heaven help us.
My guest column in today's
My guest column in today's Knoxville News Sentinel...
Campfield Endorsement
Stacey Campfield will appear with Mark Clayton today and endorse him over Corker.
No Doubt
No doubt that Campfield's next move will be to campaign on a platform of being bi-partisan.
Yes, we all know it is highly
“Jesus did not have a campaign staff. And he had the most successful campaign in human history,” Jesus “didn’t even have pictures or a Web site.” -Mark Clayton, 2012’s worst candidate?
Gawker.com endorses Mark
Gawker.com endorses Mark Clayton
We truly should have had a write in campaign to help avoid this problem:
So far, the best write-in suggestion was in the comments: Basil Marceaux. I'd almost forgotten about Basil!
Martin Pleasant for U.S
Martin Pleasant for U.S Senate.
Martin Pleasant got my vote.
Martin Pleasant got my vote. I voted for myself instead of Citizen Kane.