On September 24, Tennessee State Senator Rosalind Kurita, a Democrat, sued her own party, as well as the Secretary of State, in order to be placed on the November ballot. Kurita v The State Primary Board of the Tennessee Democratic Party, 3:08cv-948.
Kurita had won the August Democratic primary by 19 votes, but the Democratic Party had overturned the results of the primary because of evidence that Republicans had voted in the Democratic primary. Tennessee does not have registration by party, and it is legal for any person to choose any party’s primary ballot. This lawsuit may be judged to have been filed too late. But if that procedural problem is overcome, the lawsuit may set a very important precedent about the rights of political parties to control their own nominations process. Thanks to Rick Hasen’s electionlawblog for this news. The lawsuit was a massive undertaking because Kurita sued all 66 members of the State Primary Board of the Democratic Party, which is very costly, because each individual had to be served. See the complaint and the brief by going to this webpage (the webpage of the James Madison Center) and scrolling down the left side to the link that starts with “Kurita”.
Nominations for PUBLIC offices is PUBLIC business by PUBLIC Electors — NOT of, by or for party hack bosses.
How EVIL are New Age party hack bosses in the party hack parties in the States ???
As EVIL as the party hack bosses in the gerrymander Congress and all 50 State legislatures ???
Democracy NOW
P.R. and A.V. — before the party hack MONSTERS cause World WAR III and/or Civil WAR II.
If the Democratic party is worried, then they should nominate by convention. The problem would be solved.
Or maybe not.
Even if the Tennessee Democrat party could decide that they didn’t want “Republicans” voting in their primary or that they wanted to use some other nominating procedure, such a decision would need to be made in advance, and done in a consistent fashion for all elections, rather than an ad hoc determination after an election because they didn’t like the winner.
From the complaint, it is not clear on what basis that the Tennessee Democrat primary canvassing board made their decision – which was to declare the primary result was “uncertain”. The Democrats in the district then held a meeting to fill the nomination vacancy, and chose the 2nd place finisher in the primary – though apparently they were not limited to the 2 candidates who contested the race.
The members of the state executive committee form the primary canvassing board. The rap on Sen. Kurita appears to be that she supported a Republican for Speaker of the Senate, who in Tennessee is also the Lieutenant Governor. That Speaker/Lieutenant Governor is the first Republican to hold the office since at least 1869, when the current constitution was adopted.
Perhaps one reason for suing the individual members of the canvassing board is to determine what the basis of their individual votes was.
Go Sen. Kurita! Preserve democracy!