Image Credit: TN General Assembly
The Tennessee Conservative [By Olivia Lupia] –
HB0855/SB0799 seeks to strip local GOPs of their convention and caucus rights by mandating that all partisan primary candidates must be selected through regular state-run August or November elections.
While a vast majority of counties in Tennessee already utilize standard primary elections to select their candidates, objections have risen across the state over the constitutionality of the legislature controlling private political parties and the recurring issue of illegal crossover voting as the Assembly continuously refuses to close primary elections.
On Tuesday, April 8, the House State and Local Government Committee heard the bill with four citizens offering testimony, two in opposition and two in favor. One citizen against the bill stated that it, “fails to protect Republican voters from ongoing, illegal crossover voting in primaries,” a point many local GOP Chairs have echoed in their oppositions.
Chris Morris, the GOP State Executive Committeeman for District 28, called the bill, “clearly unconstitutional,” citing the 1986 U.S. Supreme Court ruling in Tashijan v. Republican Party of Connecticut which held that political parties have a First Amendment right to choose their candidates through methods that best reflect their beliefs and practices without undue government interference. “By infringing on these rights, the amendment undermines the very foundation of a free and open political system in both political parties,” Morris stated.
The committee’s legislative attorney stated he does not believe the law to be unconstitutional based on the Tashijan decision, nor does he think it would violate any First Amendment rights.
Those testifying in support of the legislation argued the bill is necessary because a caucus or convention disenfranchises too many voters, including deployed military personnel and first responders who work non-traditional shifts and may not be able to attend an evening or weekend convention.
Rep. Todd Warner (R-Chapel Hill-District 92) asked the bill’s sponsor, Rep. Lee Reeves (R-Franklin-District 65) why he brought the bill and if there have been any recorded problems with the caucuses across the state, to which Lee replied that this subject, “has been in front of this body for many years. And what happens when we propose a bill is we see a potential problem, something that needs to get fixed, and we propose it in a bill.”
Warner rebutted, “I’ve been down here five years, and this is the first time this has been brought forth. I’m a firm believer that we ought to leave it up to the locals to decide how they run their elections. This is not a problem looking for a solution, this is a solution looking for a problem.”
The vote was 21-2 in favor of the bill, with the only “No” votes coming from Republicans Tim Rudd and Todd Warner. Those voting “Yes” were Reps. Bricken, Burkhart, Butler, Carringer, Chism, Crawford, Dixie, Eldridge, Howell, Leatherwood, Littleton, Martin G, McCalmon, Miller, Mitchell, Moon, Powell, Powers, Rudder, Salinas, and Wright. All six committee Democrats joined 15 Republicans to pass the measure.
In the upper chamber, the full Senate heard SB0799 on Wednesday, April 9, with Senator Adam Lowe (R-Calhoun-District 1) lauding Tennessee as having the most “secure” elections in the nation and supporting the bill as one which would maintain election integrity.
Sen. Ken Yager (R-Kingston-District 12) also spoke in favor of the legislation, saying, “The primary is the more democratic, more inclusive way to go… A primary will encourage more people to get out and then get into the process. This is a good bill, it’s good for the system, it’s good for our democracy.”
SB0799 passed in a 27-3 vote, with Republican Mark Pody marking himself Present Not Voting (PNV). The three “No” votes were from Republicans Joey Hensley, Brent Taylor, and Page Walley. Senators voting “Yes” were Akbari, Bailey, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Harshbarger, Hatcher, Jackson, Johnson, Kyle, Lamar, Lowe, Massey, Powers, Reeves, Rose, Seal, Southerland, Stevens, Watson, White, Yager, Yarbro, and Speaker McNally.
HB0855 is now on the House Calendar and Rules Committee for Thursday, April 10 where it will receive a date for a vote in the full House. To contact your Representative with thoughts on this legislation, you can use this tool to find their information: Find My Legislator
Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
One Response
Thanx, emailed Jay Reedy, “NO!! This AIN’T right!”