Starbuck Sues Tennessee GOP And Election Officials Over Removal From The District 5 Ballot

Image Credit: RobbyStarbuckTN / Facebook

The Tennessee Conservative [By Jason Vaughn] –

Conservative Republican Robby Starbuck, who was barred by The Tennessee GOP from running in the District 5 Republican Primary for the U.S. House, has filed suit against GOP Chair Scott Golden, Tennessee Secretary of State Tre Hargett and state Coordinator of Elections, Mark Goins.

On April 3rd, 2022, Starbuck posted on his Facebook page “I have sued the Tennessee Republican Party and others in Federal Court over my illegal removal from the ballot. I’m not going to stop fighting until our voters in Tennessee have every choice on their ballot in this election. A secret, illegal backroom vote should not overrule our voters. Freedom matters!”

Starbuck also requested donations from his supporters to help pay for the legal battle in the post.

Starbuck was one of three GOP candidates running for Tennessee’s 5th Congressional District that the TN GOP voted last month to keep off the primary ballot.  The GOP also voted to bounce Baxter Lee and President Donald Trump’s endorsee, Morgan Ortagus.

The lawsuit, filed in the Middle District of Tennessee, argues the TN GOP broke the law by removing them from the ballot.

The decision was made by the TN GOP’s executive committee, ruling that the candidates did not meet the qualifications to run as Republicans in the primary.  

GOP Chair Scott Golden stated that the candidates were removed due to the party’s bylaws which state that candidates must have cast ballots in at least three of four previous Republican primaries. 

On April 22nd the Williamson County Young Republicans issued a statement disagreeing with the TN GOP’s decision, stating that “all three candidates more than fully met the state party’s requirements for being considered ‘bonafied’.”

The group also stated that the Tennessee Republican Party has reduced voter confidence by removing Starbuck, Morgan Ortagus and Baxter Lee from the ballot and that they “strongly condemn the actions of the Tennessee Republican Party and urge the party to reverse this decision.

Starbuck’s suit did not come without first warning the TN GOP.  On April 21st, Starbuck posted that he had sent a demand letter to the Tennessee GOP via his legal counsel.  “If they don’t respond in the time period we’ve given them, we’ll be forced to take legal action. This is not a fight I wanted but it is one I’ll see through until voters are free to choose from ALL Republican candidates!”

In the lawsuit, Starbuck argues that the GOP’s decision to disqualify him is an unconstitutional “camouflaged residency requirement.” He argues that a new state law imposing a residence requirement on congressional candidates influenced the decision to remove him from the ballot.

Julia Bruck, spokesperson for Tennessee Secretary of State Tre Hargett said “The requirement does not apply retroactively to candidates who met the qualification deadline at noon on April 7.”

Starbuck’s lawsuit states, “The [Tennessee Republican Party’s] instruction to the state to remove Mr. Starbuck from the primary ballot in the upcoming election … for reasons beyond its narrowly prescribed lawful power to disqualify non-Republicans, was … arbitrary, capricious, unsupported by the evidence, and contrary to law.”

The lawsuit also alleges that the TN GOP violated the Tennessee Open Meetings Act by voting on the issue in secret.

Morgan Ortagus has said she will not challenge the TN GOP’s decision.

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On April 24th, Starbuck posted on social media “Democrats are literally fundraising and taking a victory lap over the Tennessee Republican Party kicking me & Morgan Ortagus off the ballot. The Dems literally applauding the Tennessee Republican Party says EVERYTHING! They don’t fear the remaining candidates at all. We will fight until this decision is reversed!”

Tennesseans reaction to Starbuck and Ortagus being ousted from the ballot has been mixed but when Starbuck questioned attendees at a recent Trump Day dinner in Marshall County, the majority agreed they were “smart enough” to choose from all the candidate options on the ballot, without the interference of the TN GOP.

On April 29th, Starbuck posted “Hey Tennessee Republican Party — I was in Marshall county at their Trump Day dinner tonight. I asked folks to raise their hand if they think they’re smart enough to choose from ALL options who to vote for without you removing me. Nearly 100% raised their hand. I beat Beth Harwell in the straw poll too despite her being a “favorite” to win this seat. We need you to #LetThePeopleVote in this election from ALL options. Not having me on the ballot disenfranchises all of the amazing Republican voters in TN5 who support my campaign. Do the right thing!”

About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative  ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career.  Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others.  He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History.  Contact Jason at news@TennesseeConservativeNews.com