The Hamilton County Election Commission is going back to court.
But not all of the commissioners are happy about it.
During a special-called meeting Tuesday night, the election commission voted 3-2 to join an appeal of Circuit Court Judge Jeff Hollingsworth's decision to stop a special election to recall Chattanooga Mayor Ron Littlefield.
Commissioner Jerry Summers, a Democrat who voted against the measure, said Wednesday the election commission should let Littlefield and Citizens to Recall Mayor Littlefield, one of the groups trying to oust the mayor, duke it out in court.
"We should not be involved in any appeal of the decision," he said. "Let them fight it out."
James Anderson, another Democrat, also voted against the measure.
Election Commission Attorney Chris Clem and Commission Chairman Mike Walden, who voted in favor of joining the appeal, could not be reached for comment Wednesday.
Hal North, attorney for Littlefield, could not be reached for comment.
Charlotte Mullis-Morgan, administrator of elections in Hamilton County, said the commission joined the lawsuit because it wants to have better understanding of how recall elections should work.
"They are trying to get a clear answer," she said.
Citizens to Recall Mayor Littlefield, along with Chattanooga Organized for Action and the Chattanooga Tea Party, have been battling to oust Littlefield for almost two years. The issue has been mired in court almost the entire time.
Last month, Hollingsworth issued a ruling that stopped an election set for August. Citizens to Recall Mayor Littlefield announced Tuesday afternoon that it would appeal that decision.
Jim Folkner, leader for Citizens to Recall Mayor Littlefield, said it is no surprise the election commission decided to come into the fight.
"We expected them to join in and protect the right of the people to hold an election," he said.