Sat
Aug 19 2006
09:46 am
Second term limits lawsuit filed
By: R. Neal

According to the News Sentinel, Scott Emge has filed a lawsuit protesting the reelection of his opponent Steve Hall for Knox Co. Register of Deeds, citing term limits. The paper reports Hall as saying "a sore loser is still a loser." But, is a disqualified winner still a winner? Looks like the courts will get to decide.

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Anonymous's picture

Hall is obviously qualified

Submitted by Anonymous (not verified) on Sat, 2006/08/19 - 10:28am.

Hall is obviously qualified considering no judge has ever stated that term limits apply to elected officials. Just think, all this time fooling around with a wide variety of attorney's and judges who are highly educated in the law but, cannot find a clear answer and Mr. Emege has had the answer all along. When is this going to end? These people talk about coruption in county government and then turn around and try to sue over an election which was clearly not in their favor.

rikki's picture

who can it be now?

Submitted by rikki on Sat, 2006/08/19 - 2:18pm.

Blatant falsehoods, marginal literacy, smug attitude -- this is no ordinary Republican.

S Carpenter's picture

Point by point

Submitted by S Carpenter on Sat, 2006/08/19 - 3:44pm.

Anonymous' statements are in quotes, then my reply

"Hall is obviously qualified considering no judge has ever stated that term limits apply to elected officials."

Considering no judge has ever stated that term limits apply to elected officials, Emge and many others, are asking that a judge say so.

"Just think, all this time fooling around with a wide variety of attorney's and judges who are highly educated in the law but, cannot find a clear answer and Mr. Emege has had the answer all along. When is this going to end?"

When everyone is satisfied that all parties are following the law, it will end. Since the question is before the appellate courts, the resolution is closer than before.

"These people talk about coruption in county government and then turn around and try to sue over an election which was clearly not in their favor."

No one is talking about corruption, they are talking about whether the elected officials are following the law. The law is one that the people voted for but politicians decided not to follow.

Your sentence implies that going to court to ask for "clear answer" to the question is corrupt. That's where your rhetoric crosses the line from civil to ignorant (and insulting).

Regards,

S Carpenter 

 

 

BlueNeck1's picture

Scott's Lawsuit

Submitted by BlueNeck1 on Sat, 2006/08/19 - 2:42pm.

Anonymous, give Scott a break. A lot of people think "all elected officials" means all elected officials. That's what the whole sh#tstorm is about. The Shelby County case was about County Commissioners and that's what the State Supremes ruled on. I think the door is wide open on whether or not other Knox County elected officials are term limited. Maybe we'll know soon. Besides, if you read the actual court filing Scott is just reserving his future rights as a bonafide candidate in the event Steve Hall is removed from office. If Scott wants to bust the incumbents' balls some more that's fine with me.

Anonymous's picture

Looks like the courts will get to decide.

Submitted by Anonymous (not verified) on Sun, 2006/08/20 - 8:47pm.

Tennessee Code

2-17-105. Time for filing complaint.

The complaint contesting an election under § 2-17-101 shall be filed within ten (10) days after the election.

[Acts 1972, ch. 740, § 1; T.C.A., § 2-1705.]

Knoxquerious's picture

McKay?

Submitted by Knoxquerious on Mon, 2006/08/21 - 8:04am.

I read last week that Greg McKay stated on another thread that people had 10 days to challenge the election results in ways of a lawsuit and it was too late. But i think certification of the elections does not happen until this week, so challengers that lost still have plenty of time, right? You out there Greg?

Greg Mackay's picture

You out there

Submitted by Greg Mackay (not verified) on Mon, 2006/08/21 - 9:32am.

The Election Commission met on August 14th to certify the results of the election.

*********
2-8-101. Meeting of county election commission following election.
(a) The county election commission shall meet at its office on the first Monday after an election or upon completion of its duties under § 2-8-104, but no later than the second Monday after the election to compare the returns on the tally sheets, to certify the results as shown by the returns in writing signed by at least the majority of them, and to perform the duties prescribed by this chapter.

*********

This is a seperate statue from 2-17-105 which is noted above. The timeline on filing says "within ten (10) days after the election" not the certification.

I never said "it's too late". I am just informing you what the law says.
I'll let the Judge figure out if it is too late.

By the way, it's Mackay.

Knoxquerious's picture

My apologies, Mackay 

Submitted by Knoxquerious on Mon, 2006/08/21 - 9:45am.

My apologies, Mackay

Lately, the Knox County Election Commissionsure sure has been doing a good job of not

doing thier job and letting the courts do the job for you. Does anybody do anything around 

here? 

 

Greg Mackay's picture

not doing your job

Submitted by Greg Mackay (not verified) on Mon, 2006/08/21 - 9:57am.

How do you mean?

tennesseevaluesauthority's picture

Knoxquerious, are you

Submitted by tennesseevalues... on Mon, 2006/08/21 - 10:12am.

Knoxquerious, are you suggesting that the Knox County Election Commission has the authority to keep someone from filing a lawsuit past the deadline? As Commissioner Mackay pointed out, if the lawyers choose to file a suit, it is up to the judge to make note of the statute that sets the deadline. The KCEC has no say in that.

Knoxquerious's picture

I am not suggesting that. It

Submitted by Knoxquerious on Mon, 2006/08/21 - 11:05am.

I am not suggesting that. It is my understanding that if the Knox County Commission finalized the election results on Aug 14, then losing challengers could file suit within 10 days of that decision, which is this Thursday. (Aug 24) Greg has previously stated, 

 

--------------------------------------------------------------------------------

 

Submitted by Greg Mackay (not verified) on Mon, 2006/08/14 - 5:48pm.

 

Doubtful.
Candidates have 10 days from the election to file a contest.

 

--------------------------------------------------------------------------------

 

The doubtful refers to, I think, Greg’s opinion of whether the lawsuit can be considered valid due to the "10 day rule". I could be wrong because I can admit I am confused with rules, statures, subsection a-45.66 or whatever...

 

And Greg, I am just busting your balls for all the times you have said "I'll let the Judge fill in the blank" or "We will see what the court has to say about it" over the past 4 months. I understand that the only job of KCEC is to validate election results.

 

Greg Mackay's picture

fill in the blank

Submitted by Greg Mackay (not verified) on Mon, 2006/08/21 - 1:28pm.

After the Supremes ruled in late March I kept a piece of paper with "I don't know" printed in large type.
When the media came in asking me "What if ....this" or "When will know ... that" I would fish the paper out of my desk and hold it up.

Patricia's picture

10 days?

Submitted by Patricia on Wed, 2006/08/23 - 5:58am.

Submitted by Greg Mackay (not verified) on Mon, 2006/08/14 - 5:48pm.

Doubtful.
Candidates have 10 days from the election to file a contest.
----------------------------------------------------------------------

10 days or 10 business days? Seems slightly confusing.

Anonymous's picture

And 10 days from what day?

Submitted by Anonymous (not verified) on Wed, 2006/08/23 - 8:05am.

And 10 days from what day? Election day or Aug. 14 when commissions finalized it?

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