A Hamilton County Commission resolution calling for the Tennessee Democratic Party to pay the county's legal fees stemming from last year's lawsuit filed by the party over the 2018 House District 26 race failed Wednesday.
The resolution, introduced by District 3 Commissioner Greg Martin, called the lawsuit "frivolously political litigation" just a day after oral arguments began in the Tennessee Court of Appeals.
"This lawsuit that has gone on, that was introduced last July, has been dismissed 3 times. It keeps getting appealed, it's costing the county taxpayers money through the election commission," Martin said. "I think it's one thing that is costing the taxpayers and I think it would be advantageous for us to recoup some of that money when it's settled because it keeps going and going and going."
The resolution failed in a 6-2 vote, after several commissioners balked at Martin's move. Only Martin and District 8 Commissioner Tim Boyd voted for it.
"Commissioner Martin, you keep talking about staying in our lane. I think this is so far out of our lane, we're going to get hit by a tractor-trailer or a train," District 9 Commissioner Chester Bankston said. "We have nothing to do with this, and I don't think we should be doing anything with this."
An argument also broke out between Martin and District 6 commissioner David Sharpe, who cited the state Democratic Party's ongoing position that last year's District 26 election was "unlawfully conducted" once now-Rep. Robin Smith was able to place her name on the ballot.
"This is a judicial issue, it's not a legislative issue, and we shouldn't be involved in this. It's unfortunate that it's been brought up, frankly," Sharpe said. "I think we can all appreciate and understand deadlines. Commissioner Martin, as a real estate agent, I think you can appreciate a deadline when you have a contract with a customer Deadlines are important. There was a deadline on this. It wasn't met, it's a valid lawsuit."
Martin fired back that Sharpe had disrespectfully insinuated that he was trying to break the rules.
"I didn't bring up anything other than the fact that this has been dismissed three times," Martin said. He proposed that if the latest appeal was again dismissed, the county should forward an invoice demanding the state Democratic party repay the expenses incurred by the commission.
"If you don't agree with it, vote against it. If you do think that we should do the best we can to get the taxpayers' money back over a lawsuit that has been dismissed three times and continues to be put into the court system and costing attorney fees, then I would ask you to vote for it. It's that simple," Martin added.
The court battle between the Hamilton County Election Commission and the state's Democratic Party started in July after then-incumbent Republican state Rep. Gerald McCormick abruptly withdrew from the 2018 House race after qualifying had ended. The Tennessee Democratic Party filed suit July 2, 2018, in Davidson County over the Hamilton County Election Commission voting to place 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 Democratic candidate David Jones would have been uncontested in the election.
"The fact is, Robin Smith appeared on the ballot after the [election commission], without any valid legal reason, [she was allowed to] file a late qualifying petition. [The commission] would not have incurred any legal fees had it done initially what the law required it to do: investigate and discover the true reason why Gerald McCormick dropped out of last year's race well after the qualifying deadline," a spokesperson for the Tennessee Democratic Party said in a statement Wednesday.
The lawsuit was initially dismissed by a Nashville judge who ruled that it should be filed locally and the Democratic Party appealed that decision, which was again dismissed.
Chairwoman Sabrena Smedley, of District 7, said there is no precedent for such a move by the commission.
The commission can't require the Democratic Party to pay legal expenses, the resolution only would be expressing the sentiments of the majority of the commission, County Attorney Rheubin Taylor clarified.
Last week, the Hamilton County Election Commission approved $20,000 to pay ongoing legal fees stemming from the lawsuit, bringing the panel's total approved legal costs to $70,000.
Another $50,000 is proposed in next year's budget in anticipation of continuing special counsel costs, officials said last week. If the ongoing court battle consumes that, total costs for the election commission could reach $120,000.
Smith's attorney, Ben Rose of RoseArters PLLC, said it makes sense that the commission would seek to recoup legal fees.
"While we never know how a court may rule, a ruling in favor of Rep. Smith and the election commission in this case would mean that this lawsuit has been dismissed four different times by four different sets of judges in two separate venues. If that occurs, I don't know how anyone could be opposed to attempting to recover some of the taxpayers' money from the party who made the mess. They should clean it up," Rose said. "If we spend taxpayer money on floods, fires, and other natural disasters, why shouldn't a political party be forced to pay to clean up a disaster it alone created?"
Rose said that, although he did not want to prejudge the court's ruling, he was confident in Smith's legal position and that the Tennessee Court of Appeals would rule against the Democratic Party and in favor of Smith.
Contact staff writer Meghan Mangrum at mmangrum@timesfreepress.com or 423-757-6592. Follow her on Twitter @memangrum.