County debate who should pay for Robin Smith election challenge

CHATTANOOGA (WDEF) – Robin Smith stepped in at the last moment last November when state representative Gerald McCormick pulled out of the race for district 26.

That led to a lawsuit by the Tennessee democratic party which was rejected by a Nashville judge.

He said it needed to be filed in Hamilton county.

A Hamilton County judge tossed it out, but the lawsuit is being appealed again.

So Commissioner Greg Martin introduced this resolution today.

“A resolution calling upon the Tennessee Democratic Party to pay the attorney fees and legal expenses incurred by the Hamilton County Election Commission, related to the frivolously political litigation.”

Freshman commissioner David Sharpe read the democratic party’s argument.

“It remains the position of the Tennessee Democratic Party that last year’s election was unlawfully conducted, because an unqualified candidate appeared on the ballot after the Hamilton County Election Commission, without any valid legal reasons, allowed her to file a late qualifying petition.”

Commissioner Chester Bankston thought the resolution was out of place.

“I think this is so far out of our lane we’re going to get hit by a tractor trailer or a train.”

And Commissioner Sharpe agreed.

SHARPE: “I must agree with Commissioner Bankston, I mean this is a judicial issue, this is not a legislative issue, it’s not a commission issue.”

Commissioner Greg Martin who added the resolution to the agenda..tried to explain.

“This has been dismissed three times, and it says in the final resolution, that: “In the EVENT, that the most current attempt . . .” that we would ask to get our money back for the taxpayers.”

The discussion continued with comments from Commissioner Warren Mackey who didn’t like the word “frivolous” in the resolution.

“If a deadline has passed, and that person think they’ve been wronged, they have a right to go to court, and to say it’s frivolous, it’s not – well if it was you and I, we wouldn’t think it’d be frivolous.”

After all was said and done, the resolution failed 6-2.

Representative Robin Smith spoke to us from the state capitol this morning, and says they’re waiting on the ruling from the State Court of Appeals on that appeal that was heard yesterday.

“Once the ruling is made, I anticipate that we’ll move forward with some option to seek those legal fees being covered. The legal and the court fees.”

In Downtown Chattanooga, Ashley Henderson News 12 Now.