elections

Plaintiffs in absentee voting case file contempt motion against state

The plaintiffs in a lawsuit over Tennessee’s absentee voting law have filed a contempt motion against the state for alleged violations of the judge’s order to immediately begin supplying mail-in ballots to anyone who asks for one.

Following last week’s ruling, State Election Coordinator Mark Goins sent an email to local officials telling them to “hold off” on sending absentee voting applications until the state could revise its forms or seek a stay in the judge’s order. The state then created a new category on its ballot application form that states voters are requesting to vote by mail because they have “determined it is impossible or unreasonable to vote in person due to the COVID-19 situation and therefore qualify as hospitalized, ill, or disabled and unable to appear at my polling place.”

The plaintiffs argue that the creation of that category wasn’t permitted by the court order, that it includes no definition of the “impossible or unreasonable” standard, and that there is no provision for someone to certify they can’t vote in person because they are caring for someone else.

“This unilateral disregard of the Court’s Order is designed to place increased scrutiny on voters who wish to do nothing more than to rely on this Court’s Order, lead to voter confusion and intimidation, and enable the state to segregate these voters’ absentee ballot requests and refrain from processing them,” according to the motion.

“The State has made calculated decisions to act contrary to the plain text of the Order and has instructed county election officials to do the same,” the plaintiffs said.

Goins told The Associated Press the state is complying and the plaintiffs aren’t citing the most up-to-date guidance.

“We are disappointed that plaintiffs have chosen to pursue a false narrative by leaving out updated guidance we distributed to counties on Friday that is being implemented,” Goins told the AP.

A hearing before Davidson County Chancellor Ellen Hobbs Lyle has been scheduled for Thursday.

Polls find support for expanded absentee voting during pandemic

Two polls released Tuesday indicate strong support for expanding voting by mail amid the coronavirus pandemic.

One survey conducted on behalf of Secure Democracy by Republican pollster Anchor Research and the Baker Group found 67% of Tennesseans support allowing all voters to cast absentee ballots while also keeping polling locations open. Another 31% were opposed.

A survey conducted on behalf of Vanderbilt University found 57% support voting by mail, while 42% opposed. The SSRS poll found opinions were heavily influenced by voters’ political leanings. While 81% of self-identified Democrats said they supported absentee balloting, 71% of Republicans were opposed. Among independents, 68% said they were in favor, while 32% were against.

Among other findings, Secure Democracy found a 61% to 33% approval rating for Gov. Bill Lee and a 57% to 43% favorability rating for President Donald Trump.

Vanderbilt had Lee’s approval rating at 64% to 27%, and Trump’s at 51% to 47%.

Vanderbilt polled 1,000 registered voters by phone between May 5 and May 22. It has a margin of error of ±3.8 percentage points. Secure Democracy’s online poll of 740 likley voters was conducted on May 26.

Election officials instructed not to immediately comply with judge’s order on absentee ballots

A Nashville judge has ordered the state to start issuing absentee ballots to any registered voter who requests one, but State Election Coordinator Mark Goins is telling local officials not to immediately comply.

According to Goins:

Regarding the court’s decision, until we provide further instructions, do not send out any absentee applications. We may be sending a revised form. Do not update your own forms or language on your website yet. It is very important that we have uniform language. We are working on language for our website.  In the meantime, we expect a request for stay to put the ruling on hold as soon as possible […]

If a voter calls and asks for an application because of COVID-19, go ahead and take their information so you can send them a form later with the revised language if we update the form or a stay is not granted.

That appears to conflict with Chancellor Ellen Hobbs Lyle’s order, which enjoined election officials from enforcing previous rules and mandated that they “prominently post on their websites and disseminate to County Election Officials that voters who do not wish to vote in-person due to the COVID-19 virus situation are eligible to request an absentee ballot by mail or that such voters still have the option to vote in-person during Early voting or on Election Day.”

The decision to hold off on putting the order into effect is reminiscent of Gov. Bill Lee’s announcement that he would continue to urge parents to apply for school voucher while the state appealed a ruling that found the law unconstitutional. The judge later denied a motion to lift her stay and berated the Education Department for failing to inform potential applicants about the legal challenge on its website.

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Byrd accuser Rice fails to qualify for ballot

Rep. David Byrd (R-Waynesboro) attends a House committee meeting on March 28, 2018. (Erik Schelzig, Tennessee Journal)

State Rep. David Byrd won’t have to face his accuser after all.

Chrsti Rice had filed to run against Byrd (R-Waynesboro) this fall. But she failed to turn in copies of her Democratic petition in each of the four counties included in House District 71. So while Byrd has two opponents in the GOP primary, there won’t be a Democrat to take on the winner in November.

Byrd earlier this month reversed course on previous pledges to retire from his seat and filed to run for re-election.

Byrd has been accused of sexual misconduct with high school basketball players when he was their coach in the 1980s. Rice is one of those former student athletes. She recorded a phone conversation in 2018 in which Byrd apologized and told her how “hard it has been for me” to live with his actions with the woman, who was a 15 years old  at the time.

Byrd confirms he won’t run for another term in House

Rep. David Byrd (R-Waynesboro) attends a House Republican Caucus meeting in Nashville on Jan. 14, 2020. (Erik Schelzig, Tennessee Journal)

Embattled state Rep. David Byrd (R-Waynesboro) has confirmed to The Tennessean he won’t seek re-election this fall.

“At this point I’m still not running,” said Byrd, who pledged in a closed door caucus meeting in August he won’t run again.

Byrd has been under fire since former high school basketball players made sexual misconduct allegations against Byrd dating back to when he was their coach in the 1980s.

Byrd was overwhelmingly re-elected in 2018 despite the allegations. He has been the subject of regular protests. The lawmaker suggested that the demonstrators might get him to change his mind.

“If I get harassed and bullied, then I’ll definitely rethink my position about running.

Former Savannah City Manager Garry Welch announced earlier this month  he will seek the GOP nomination for the House District 71 seat currently held by Byrd. The district covers all of Hardin, Lewis, and Wayne counties and part of Lawrence.

Byrd to have GOP primary challenger if he runs again

Embattled Rep. David Byrd (R-Waynesboro) attends a House Education Committee meting in Nashville on March 28, 2019. (Erik Schelzig, Tennessee Journal)

State Rep. David Byrd (R-Waynesboro) will have a Republican primary opponent if he reneges on his previous pledge not to seek another term representing House District 71.

Garry Welch, a former city manager of Savannah, announced he will run for the GOP nomination for the seat representing all of Hardin, Lewis, and Wayne counties and part of Lawrence County.

“I’m excited to pursue the opportunity, and I am running for the office to serve all the citizens of the district,” Welch said in a statement to The Courier of Savannah. “As city manager, I was in Nashville quite a bit. I understand the process and think I am well qualified to represent the district.”

Welch retired in 2018 after serving as city manager for 12 years.

Byrd told colleagues before a recent special session that he wouldn’t run again amid moves to oust him over allegations of sexual misconduct with teenage girls when he was their high school basketball coach in the 1980s.

House Republican Caucus Chairman Jeremy Faison (R-Cosby) and House Majority Leader William Lamberth (R-Portland) told The Tennessean it will be up to the House GOP’s seven-member campaign committee to decide whether to support Byrd if he runs again.

“Personally, Jeremy Faison will not be a part of that race,” Faison told the paper. “I will stay out of the race and leave it up to his constituents if he runs.”

The Knoxville mayor’s election and state House races

(Credit: Don Johnson)

We were fascinated by a map detailing the sharp geographical divide in this month’s mayoral runoff in Knoxville. So much so, that we asked talented mapmaker to superimpose state House districts onto the map to see what it would tell us about potential matchups next year.

For reference, here are the incumbents:

  • District 13: Democrat Gloria Johnson, who beat Republican incumbent Republican Eddie Smith by 12 percentage points.
  • District 14: Republican Jason Zachary, who beat Democrat Justin Davis by 31 points.
  • District 15: Democrat Rick Staples, who was unopposed.
  • District 16: Republican Bill Dunn, who beat Democrat Kate Trudell by 40 points. Dunn has announced he will retire next year.
  • District 18: Republican Martin Daniel, who beat Democrat Greg Mackay by 3 points.
  • District 19: Republican Dave Wright, who beat Democrat Edward Nelson by 48 points.
  • District 89: Republican Justin Lafferty, who beat Democrat Coleen Martinez by 28 points.

So what do the results tell us? Mostly that the status quo is probably fairly relieved.

Indya Kincannon, the Democratic winner of the mayor’s race didn’t carry any GOP House districts, while Republican Eddie Mannis didn’t win in Democratic ones. Kincannon did carry precincts in Republican freshman Rep. Dave Wright’s district, but most of his terrority lies outside the city limits and he won his 2018 race by a massive 48 points.

Rep. Daniel, who suffered a close call in last year’s election, saw Mannis carry 55% of his district. But Daniel has positioned himself more to the right than Mannis, so it remains to be seen whether Democrats can mount another credible challenge.

Johnson’s 12-point win over incumbent Smith last year was an outlier after their previous two contests had been decided in tight races. But Kincannon’s 10-point margin over Mannis in the district shows Johnson’s big win probably wasn’t a fluke.

Many thanks again to Don Johnson for his fine mapmaking work!

 

 

Map shows stark divisions in Knoxville mayor’s race

Check out this map of election results in Knoxville’s mayoral runoff. It illustrates the stark partisan divisions within the city, with Democrat Indya Kincannon taking most of the core of the city, and Republican Eddie Mannis capturing most in outlying areas.

Election night results in Tennessee

Former school board member Indya Kincannon defeated businessman Eddie Mannis in Knoxville’s mayoral runoff. While it was technically a nonpartisan race, Kincannon is a Democrat and Mannis is a Republican.

Kincannon was elected mayor with 52% of the vote, while Mannis received 48%. Of the 25,460 votes cast in the election, 47% came in the form of early or absentee ballots.

Rusty Grills won the Republican nomination in the special election to succeed former state Rep. Bill Sanderson (R-Kenton) in state House District 77. Grills received 56%, compared with 25% for his nearest rival, Casey Hood. The Obion County Commission had appointed Hood as Sanderson’s interim successor.

Michael Smith was unopposed in the Democratic primary.

 

Former state Sen. Reginald Tate has died

Former state Sen. Reginald Tate (D-Memphis) has died, state Rep. Antonio Parkinson announced on Twitter on Monday.

Tate, 65, was defeated in last year’s Democratic primary by Katrina Robinson, a business owner and nurse. A hot mic incident in which Tate vented to a Republican colleague about his frustration with Democrats questioning his party loyalty was a major flashpoint of the campaign.

“I don’t like the lies. But I won’t take time out to respond to it. But I will tell you guys, there is not one time I sold anyone else out,” Tate told his supporters during the race. “I work for $20,000 a year. It won’t pay my car note. I can’t take nothing under the table or on top of the table. I’m too tall to hide.”

Tate said he’d worked both sides of the aisle to get results for his home district. He represented the district for 12 years.