On May 20, the Cumberland County, Tennessee, Election Administrator, Suzanne Smith, recently fired from her job, filed a lawsuit alleging that the Tennessee Constitution does not permit people to be fired because of their partisan affiliation. Smith v Cumberland County Election Commission, 09-ch-248, Circuit Court in Cumberland County.

The Tennessee Constitution says that the party holding the most seats in the State House is entitled to a majority on each county election commission. Republicans won the most seats in 2008 in the State House, so in each county election commission, majority control has been passing to Republicans. However, the Tennessee Constitution also says bans “political or religious tests” as a qualification “to any office or public trust”. Smith argues that just because the Republican Party is entitled to name a majority of the county Election Commissioners, it does not follow logically that the new Republican majority is free to fire an administrator on the grounds that she is a Democrat.