Election Commission Puts Mayor On August Ballot; Lawsuit Likely

NASHVILLE, TN -- Voting along party lines, the five-member Davidson County Election Commission set the election to fill the expired term of former Mayor Megan Barry on the August 2 ballot, coincident with the election for register of deeds and certain judges.

The panel's three Republican members voted for the August date - the one most people expected would get the election - whole the two Democrats voted no.

At issue is whether the August election qualifies as a "general metropolitan election."

Section 15 of the Metro Charter says "There shall be held a special metropolitan election to fill a vacancy for the unexpired term in the office of mayor and in the office of district council member whenever such vacancy shall exist more than twelve (12) months prior to the date of the next general metropolitan election."

The Republican commission trio and others - including a handful of judges over the last few decades - say that August countywide elections satisfy the requirements of a "general metropolitan election." If it didn't, the commission would be required to call a special election between 75 and 80 days of the vacancy, which would likely put the mayoral election on the May county primary ballot along with the transit referendum.

So what's the dispute?

Earlier in Section 15, the charter defines "general metropolitan election" thus "For the purpose of electing a mayor, vice-mayor, five (5) councilmen-at-large and thirty-five (35) district councilmen, there shall be held on the first Thursday in April, 1966, and on the first Thursday in August of 1971, and each four (4) years thereafter, a general metropolitan election."

Former Metro Councilmember Jamie Hollin, acting as attorney for fellow former councilman Luddye Wallace, now heading the local NAACP chapter, said that makes it clear the next general metropolitan election isn't the August 2018 ballot with the register of deeds and the judges, but the August 2019 ballot, more than 12 months hence and therefore requiring the May election date to satisfy the special election law.

"We're filling a vacancy of not just any office, but the office of mayor that the charter treats uniquely over any other office in Metro or the county," Hollin said, according to The Tennessean. "You don't need a law degree to figure it out. I bet a group of fourth-graders could figure it out."

There is some merit to the argument that the charter treats Metro offices different from county offices, despite 55 years of consolidated government.

For example, while Davidson County offices created by the Tennessee Constitution or state law - register, judges, trustee, sheriff, various clerks and so on - are elected in partisan races, the Metro Charter prohibits candidates for Metro offices - mayor, vice-mayor and council - to run with party labels.

And despite common parlance, the official titles of the constitutional and charter offices still use "Davidson County" rather than "Metro." For example, Daron Hall is the Davidson County Sheriff, not the Metro Sheriff.

This may seem like a distinction without a difference, but Hollin said its likely he'll file a lawsuit Monday morning to get a judge to order the earlier date.

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