State Supreme Court To Hear Metro Election Date Case

NASHVILLE, TN -- Nashvillians will know soon and for certain when they'll be voting for mayor.

The Tennessee Supreme Court issued an order Thursday taking over a case hinging on a bit of arcana of the 55-year-old Metro charter that plaintiffs say require the election to replace former Mayor Megan Barry be much sooner than the August date set by the election commission.

Davidson County Chancellor Claudia Bonnyman agreed with the election commission's assertion that the race can be set on the August ballot, along with primary races for state and federal offices and the general election for register of deeds and certain judges. The plaintiffs, which include former Metro Councilmember and current Nashville NAACP head Luddye Wallace, say that the charter requires the election go on the May ballot, which includes the primary for the county offices and the transit referendum.

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 three Republican members of the election commission trio - including Bonnyman and 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 ballot.

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, one of Wallace's attorneys, 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.

After Bonnyman's ruling, the plaintiffs appealed to the state court of appeals, but the Supreme Court reached down for the case and will expedite it. Oral arguments will be heard April 9 with a decision likely soon thereafter.

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