What has become a showdown between a Superior Court judge and the Catoosa County Republican Party took another turn Thursday with the judge threatening fines and the use of county deputies to enforce his orders and the party chair remaining defiant on the witness stand.
Superior Court Judge Don W. Thompson ruled following a hearing Tuesday the county party must place four candidates on the ballot for the May 21 Republican primary. The four were previously denied ballot qualification because party officials said they didn't adhere to Republican principles.
The four candidates include three incumbent members of the Catoosa County Board of Commissioners: Chair Larry Black; Vanita Hullander, the District 3 commissioner representing a north central portion of the county; and Jeff Long, who represents District 1, the western portion of the county. The fourth candidate, Steven Henry, formerly chaired the commission.
Following Thompson's Tuesday ruling, party Chair Joanna Hildreth issued a statement that seemed to indicate the party would defy the judge and continue denying the candidates a spot on the ballot.
On Thursday, Thompson doubled down on his orders during an evidentiary hearing, saying he would send deputies to enforce his order Friday morning and promising party leaders would be fined $1,000 per hour for each of the four petitioners denied qualification.
The deadline to qualify candidates for the May primary is noon Friday. A compliance hearing is scheduled for 8:30 a.m., and Thompson said his order would be enforced at 8:40 a.m.
The question now is whether the party leaders will be swayed. During Thursday's hearing, Joanna Hildreth, who chairs the Catoosa GOP, testified she would still refuse to qualify the candidates. Alan Norton, attorney for Vanita Hullander, one of the candidates in question, confirmed Hildreth's refusal by text.
Thompson said Thursday that GOP officials admitted the candidates meet the requirements stated in state law to qualify and only lacked a qualifying affidavit issued by the party.
"And they admit that the denials of the qualifying affidavits were based on subjective determinations and substantive issues like disagreements on tax policy and property rights," Thompson said in his ruling.
Thompson also said the party has no standard or process for the approval of candidates, the rules cited aren't consistent with state law and the rules of the state party's executive committee don't include provisions for the preapproval of candidates.
Party officials have adequate remedies in the law, Thompson said, to challenge candidates after they are qualified, but there is irreparable harm for the petitioners if they are not qualified.
(READ MORE: Judge allows blocked Catoosa GOP primary candidates back on the ballot).
The Catoosa County Republican Party announced in early February it would vet candidates for the primary ballot because many candidates don't adhere to the state's Republican platform after they are elected. Party officials hosted interviews with potential candidates for county offices, and the four candidates who were not approved and were refused qualification this week took the party officials to court.
(READ MORE: Catoosa County GOP imposes rule to decide who can run as a Republican)
After Thompson's initial court ruling Tuesday, Hildreth issued a written statement attributed to the county party.
"The constitutional right to freedom of association is a cherished Republican value protected by law," the statement said.
The statement directed questions about the case to Atlanta-based attorney Alex Johnson, who did not respond to phone calls or text messages.
"The Catoosa County Republican Party applauds citizen participation in government and encourages anyone who doesn't qualify on the Republican ballot to apply as an independent or another party," the release said.
Contact Andrew Wilkins at awilkins@timesfreepress.com or 423-757-6659.