Hearing set Friday in lawsuit over District 26 ballot

A voter enters the Hamilton County Election Commission to cast their ballot on Wednesday, April 11, 2018, in Chattanooga, Tenn. Early voting began Wednesday for the May 1 primary election in Hamilton County. A voter enters the Hamilton County Election Commission to cast their ballot on Wednesday, April 11, 2018, in Chattanooga, Tenn. Early voting began Wednesday for the May 1 primary election in Hamilton County.

By Judy Walton July 5, 2018 4 min read

The first hearing in a lawsuit by the Tennessee Democratic Party over the House District 26 Republican primary is set for Friday in Nashville.

The complaint

State Rep. Gerald McCormick, R-Chattanooga, speaks alongside Tennessee Secretary of State Tre Hargett as he launches the state’s new online voter registration system Wednesday in Hixson, Tenn. at Dominion Senior Living.

Robin Smith

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State Democrats filed suit Monday against the Hamilton County Election Commission for allowing a new candidate to be chosen after incumbent Rep. Gerald McCormick abruptly quit the race after the withdrawal deadline.

On Thursday, election commissioners voted to hire a Nashville attorney Tim Warnock, with Riley Warnock and Jacobson, to defend the commission. They approved a rate of $400 an hour with a maximum expenditure of $50,000.

Commissioner Chris Clem, an attorney, told his colleagues he researched several firms in Nashville and Warnock was one of two attorneys recommended to him.

Commission Chairman Mike Walden said a Nashville attorney is needed because the lawsuit is filed in Davidson County Chancery Court. The attorney who filed it on behalf of the Tennessee Democratic Party is Benjamin A. Gastel, of Branstetter Stranch and Jennings LLC in Nashville.