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NASHVILLE – A Nashville judge agreed Friday to let Tennessee Democratic Party attorneys question state Rep. Gerald McCormick, R-Chattanooga, and his new employer under oath in a lawsuit challenging local election officials’ reopening of the Aug. 2 Republican primary ballot.
The situation stems from McCormick’s abrupt withdrawal last month from the race after the normal deadline had passed. The former House majority leader has said he was dropping his re-election bid and resigning his seat in October in order to take a new job requiring him to live in Nashville.
Calling the situation a “mess” with early voting starting this coming Thursday, Chancellor Claudia Bonnyman heard arguments from attorneys for state Democrats and the Hamilton County Election Commission.
Democrats are questioning whether McCormick actually has a new Nashville-based job. And they’re hoping to get Robin Smith, a Chattanooga businesswoman and former Tennessee Republican Party chairman whom local election commissioners on Monday allowed to replace McCormick on the House District 26 Republican primary, booted off the ballot.
That would leave the Democratic candidate, David Jones, the victor in a safe Republican district.
Bonnyman took no action on Democrats’ request for a preliminary injunction in the case. Instead, she authorized the Democrats’ lawyer to subpoena McCormick and attorneys on both sides to compile records and transcripts as well as file additional briefs and report back to her Thursday for a status conference.
It could take two weeks or more to decide.
Closely observing proceedings was Nashville attorney Ben Smith who is representing Smith.
McCormick said in mid-June he was dropping his re-election bid after accepting a new job that requires him to live full time in Nashville. He is resigning his seat effective Oct. 1.
State law permits candidates to withdraw from a primary or nonpartisan general election after the qualifying deadline – April 5 this year – and before 40 days from the election if a candidate “is forced to change residence by the candidate’s employer for a job-related reason.”
But Democrats charge McCormick’s withdrawal doesn’t fit that or any other categories where an election commission can reopen the ballot.
McCormick’s mid-June decision not to seek re-election and resign came after Democrats raised questions about McCormick’s legal residency in Chattanooga. They cited the 2017 purchase of a $487,032 home in Nashville by McCormick and his wife, Kim McCormick, a top official with the Tennessee Board of Regents who lives full time in Nashville.
McCormick said that despite a deed of trust he signed that stated the Nashville home was he and his wife’s “principal” residence, he spent most of his time in Chattanooga.
State Election Coordinator Mark Goins looked into the issue and said he determined McCormick was still a legal Chattanooga resident after looking at the lawmaker’s local and federal tax returns, business receipts and business and personal licenses.
Shortly thereafter, however, McCormick announced he was dropping out of the race and quitting the legislature this fall. Democrats cried foul when the move began to replace him on the ballot and on Monday filed suit when Smith went on the ballot.
During Friday’s court proceedings, Bonnyman raised concerns about the lawsuit coming with early voting soon to begin.
Nashville attorney Ben Gastel told the chancellor “ultimately this case should be decided on two depositions involving Leader McCormick. And I think that would make your Honor’s job easier and the lawyers’ job easier if we could just go see what the real reason was. Mr. McCormick withdrew from a race six days after saying that with all this evidence he wanted to run.”
Bonnyman authorized Gastel to proceed with subpoenas of McCormick and his new employer. She also said Smith may eventually be allowed to join in the proceedings.
Attorney Tim Warnack, a Nashvillian representing the Hamilton County Election Commission, relayed commissioners’ concerns related to conducting an orderly election.
There are four major factors to consider, he said, citing early voting, redoing the ballot on the fly, precinct operations and re-configuring voting machines and verification.
“These are all things we’re in the process of developing,” he told Bonnyman. “There is much more for the court to hear and consider than the two depositions.”
He argued the case doesn’t have to be decided before the Aug. 2 primary.
Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.