Sohn: Democrats staying the course in McCormick ruse

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.
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.

This is how local Republican Party politics for years has played out in Hamilton County: The Republican Party and the politicians it helped elect would do whatever they like with impunity. Democrats would meekly play by the rules and say, "Yes, sir, can I get you some sugar with that?"

Things are looking up. Just look at the Gerald McCormick redux case as an example.

Republicans pulled a fast one last month to ensure there would be a Republican on the ballot for Tennessee House District 26 after McCormick, a Republican from Hixson, abruptly dropped out the race past the withdrawal deadline. Republicans cobbled up a farcical excuse for why and how McCormick shouldn't just be disqualified under the law, leaving only Democratic candidates on the ballot and therefore a sure Democratic win come fall. Then Republicans reopened qualifying for seven days and put Republican campaign consultant Robin Smith on the ballot.

Democrats found their backbones and sued, filing the case in Nashville. Last week the Nashville judge dismissed the case over questions of venue, saying it should be heard in Chattanooga. The Democratic Party stood up again and refiled the suit here, asking for an expedited hearing since the state primary election is Aug. 2.

But the first hearing now is set for Aug. 6 in Hamilton County Chancellor Pam McNutt Fleenor's court.

Fleenor shouldn't be hearing the case at all. It's an enormous conflict of interest for her. The new Republican candidate at the heart of the suit and now on the ballot was Fleenor's paid campaign adviser when she successfully ran for judge in 2014. Smith's Rivers Edge Alliance was paid about $50,000 by the Fleenor campaign, according to the judge's campaign disclosures. Fleenor should recuse herself immediately.

On Monday, in a called emergency meeting, the Hamilton County Election Commission agreed to hire a local attorney to fight the refiled lawsuit. Commission Chairman Mike Walden said "frivolous lawsuits by Nashville lawyers" are costing local taxpayers money, and he said he "can't imagine" that a judge would invalidate the commission's action in allowing Smith on the ballot.

"The cake is baked. The election is happening," Walden said. "This is ridiculous, this is much to-do about nothing."

No, sir, you may not have sugar with this. It is not much to-do about nothing when you try to cover up for a Republican politician, then have to contort yourselves still more to help get another Republican on the ballot - despite clear state guidelines indicating a different path.

Readers will recall that McCormick was riding high on his bid for re-election (and Speaker of the House) until someone realized he'd bought a $487,000 house in Nashville and listed it as his principal residence on the VA loan papers he and his wife signed nearly a year ago.

Somewhere along the line, someone noted that if Nashville is his primary residence, as he attested in that contract, then he couldn't represent District 26 - Middle Valley, Lakesite, Harrison and much of Hixson - as state qualifying requirements (to which he also attested) demand. Initially, he fought the question over his residency, saying his wife would live in the Nashville home, but he would live in their Big Ridge house. Armed with a deed and utility records, he got state Elections Coordinator Mark Goins to affirm the Big Ridge house as his primary residence.

But just days later, he withdrew and said he was taking a job in Nashville.

It seems there was a rub: Which assertion of primary residence was true? The one for voters or the one for his loan? Item 8 on the VA contract states the borrower "shall be in default" if he or any persons give materially false, misleading or inaccurate information to the lender.

Now Hamilton County's majority Republican election officials are circling the wagons on their twist of state law to give them seven emergency qualifying days to get another GOP name on the ballot.

State law lists seven reasons, including death, as acceptable for candidates to withdraw after the deadline. Reason D states: "Withdraws because such candidate is forced to change residence by the candidate's employer for a job-related reason." The Tennessee code further makes it clear that "[c]andidates may withdraw for reasons other than those listed ; however, no additional candidates may qualify."

But McCormick's employer didn't require him to move. McCormick was his own employer. At least he was until he took the Nashville job. His employer didn't require him to move. He took it upon himself to find a new employer, and apparently did so only after it was revealed that he was caught between two diverging pledges of residency.

No, local Republicans. You cannot have sugar.

The Democratic Party has come back home to play hardball in local politics.

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