Campaign protests qualifying period

Don Braswell, chairman of the Jerry Grady for State Representative campaign, and Samburg resident Fredric Hamilton, signed a formal protest letter to state election coordinator Brook Thompson and the Obion County Election Commission on Thursday.

The complaint said Pinion's letter, sent to election commissions in Dyer, Obion and Lake counties on Thursday as official notification of his withdrawal, does not have the proper reason that would allow a second qualifying period.

Union City lawyer Judy Barker on Friday was the third Democrat to join the primary race, which also includes Tiptonville physician Rosaire "Ross" Dubrule.

The complaint cites Pinion's signed statement, which included the phrase "I have (sic) descided to retire from the Tennessee House of Representatives at the end of my term Nov. 4, 2008."

The Grady campaign said "retirement" does not square with state law about the matter.

Election coordinator Thompson said the Grady campaign "is misreading the statute. Clearly there is a provision that if an incumbent withdraws during the withdrawal period it opens the qualifying period back up."

Pinion told the State Gazette on Wednesday, citing the law, that his position as an incumbent legislator who is leaving the General Assembly re-opened the qualifying period for seven days. The qualifying period had ended on April 3.

The section of Tennessee code that includes rules about election vacancies is titled "the Anti-Skullduggery Act of 1991" and lists legal reasons for a vacancy to occur:

* Death of the incumbent;

* Resignation, when permitted by law;

* Ceasing to be a resident of the state, or of the district, circuit, or county for which he was elected or appointed;

* Decision of a competent tribunal, declaring the election or appointment void or the office vacant;

* Act of the general assembly abridging the term of office, where it is not fixed by the constitution;

* Sentence of the incumbent, by any competent tribunal in this or any other state, to the penitentiary, subject to restoration if the judgment is reversed, but not if the incumbent is pardoned; or

* Adjudication of the incumbent's insanity.

Pinion's letter alludes to the act and notes "According to TC 2-5-101(i) upon the receipt of this letter, the qualifying for the office of state representative for the 77th District will be reopened for a period of 7 days."

The protest asks for an opinion from the Tennessee Attorney General's office.

Thomspon said he has "never seen anybody challenge the application of the Anti-Skullduggery Act quite this way. It kicks in very rarely."

Thompson said the Grady campaign is not reading the entire statute, and points to a following paragraph that explains "if an incumbent withdraws during the period specified ... the provisions of this subsection (i) shall operate to:

"(A) Extend the period to qualify for the primary election of each political party holding a primary for that office ..."

The application kicks in when the incumbent files documents to withdraw before the appropriate time. Pinion turned his paperwork in before Thursday noon to each election office in Dyer, Lake and Obion counties.

"The re-opened qualifying period is noon on Thursday, April 17," said Thompson. "Any amount of Democrats and Republicans can file for the August election. There will be one winner for each party.'

The primary election is August 7.