Robin Smith is a Republican candidate for House District 26NASHVILLE – A Nashville judge on Tuesday dismissed Tennessee Democrats’ lawsuit against the Hamilton County Election Commission, which was filed when commissioners let Republican Robin Smith replace state Rep. Gerald McCormick, R-Chattanooga, on the primary ballot after the withdrawal deadline for the Aug. 2 election.
Davidson County Chancellor Claudia Bonnyman, who had just decided to transfer the suit to Hamilton County courts, agreed to dismiss it at the request of Nashville attorney Ben Gastel, who was representing the state Democratic Party.
Calling it an “odd situation,” Gastel told Bonnyman, “I’d almost prefer this be dismissed than the transfer.”
That prompted further discussion. With no objections from Nashville attorneys Tim Warnack and Greg Reynold, who are representing Hamilton County, Bonnyman dismissed the suit and directed Gastel to draft a proposed order.
Gastel had no immediate comment after the hearing, saying he needed to speak with state Democratic Party officials.