Hamilton County Election Commission members on Wednesday approved another $20,000 to pay ongoing legal fees stemming from last year's lawsuit filed by the Tennessee Democratic Party over the 2018 House District 26 race.
Commission members didn't discuss the suit but quickly approved the money in advance of an upcoming Tuesday hearing on the Democrats' appeal of a dismissal of the case. That brings the panel's total approved legal costs to $70,000, with another $50,000 proposed in next year's budget in anticipation of continuing special counsel costs, officials said. If the ongoing court battle consumes that, total costs for the election commission will reach $120,000.
"We'll have oral arguments next week in the [Tennessee] Court of Appeals," said Stephen Duggins, the election commission's special counsel in the lawsuit, after Wednesday's meeting. Duggins said the election commission is arguing the propriety of the suit and believes there's an "issue of mootness" making the Democratic Party's contentions legally unsound.
Tennessee Democratic Party Chairwoman Mary Mancini could not be reached for comment Wednesday. Nashville attorney Benjamin Gestal, who is representing the Democrats in the suit, also could not be reached for comment.
The court battle between the warring parties began last July after then-incumbent Republican state Rep. Gerald McCormick abruptly withdrew from the 2018 House race after qualifying had ended and the Tennessee Democratic Party filed suit July 2, 2018, in Davidson County over the Hamilton County Election Commission voting to place Robin Smith on the ballot as his replacement. Democrats contended in their suit that the election commission illegally reopened qualifying after McCormick dropped out. Had Smith been left off the ballot, already-qualified Democrat candidate David Jones would have been uncontested in the election.
After Wednesday's meeting, Ben Rose, the attorney for now-Rep. Smith, said Smith hopes to see the dismissal upheld, is withdrawing her original offer to absorb legal costs if the Democrats didn't pursue the appeal and now wants her attorney fees paid by the plaintiffs. He characterized the lawsuit as "frivolous from the get-go."
Rose contends Smith's election last year immediately made her a member of the Legislature and constitutionally immune from court actions regarding her seat.
Mancini said last July that the Democrats' suit is more than an attempt to pick up a House seat, "[i]t's actually about following the rules and that's what we're seeing, is a blatant attempt to discard the rules and try to rig an election."
House District 26 includes Lakesite, Red Bank, Soddy-Daisy and part of Chattanooga.
Contact staff writer Ben Benton at bbenton@timesfreepress.com or 423-757-6569. Follow him on Twitter @BenBenton or at www.facebook.com/benbenton1.