Wednesday, May 12, 2010
Defeated Primary Candidates May Have Write-In Campaign
Officials with the Tennessee Election Commission have notified local election officials that candidates defeated in the May 4 Lawrence County Democrat Primary do have the option of obtaining a certificate of write-in in the hopes of being elected through a write-in campaign in the August 5 County General Election.
Lawrence County Election Commission Chairman Johnny Lyles received notification from the state board on Tuesday. The notification read as follows:
“Questions have arisen in your county about whether a person who lost in a county primary election may file a certificate of write-in and have his or her write-in ballots counted in the upcoming August 5, 2010 election. The questions specifically relate to a person being able to run as a write-in candidate for the same office which the person lost as a primary candidate.
“…the county election commission must count the write-in ballots for any person who files a certificate of write-in candidacy no later than twelve o’clock (12:00) noon on the fiftieth (50th) day before the election. For the August 5, 2010 election, this deadline falls at 12:00 noon on June 16, 2010.
“Because (the ordinance) does not contain any restrictive language regarding who may file the certificate of write-in, the election commission does not have any authority to review the qualifications of a write-in candidate.
Consequently, if a candidate who lost the nomination in the May 4, 2010 primary election timely files a certificate of write-in candidacy for the same office the person lost in the primary election, the election commission must count the votes in the August 5, 2010 general election for the write-in candidate.”
The only two candidates affected by the ruling are Democrat Primary incumbent candidates Lawrence County Trustee Cindy Benefield and Lawrence County Executive Paul Rosson. Rosson was defeated by Democrat challenger J. Mack Chandler in the primary election with a vote of 1,840 to Chandler’s 2,346. Benefield received a total of 1,987 votes while Weathers garnered 2,278 votes.
Because there was no opposition by either Republican or Independent candidates in the Trustee’s race, officials had assumed that the primary would decide the Trustee’s race.
Following the primary election both Benefield and Rosson made concessionary speeches, thanking their families, supporters and staffs. Rosson then pledged his support to Chandler in the August election.
Davis was made aware of the ruling of the State Election Commission on Tuesday. She pointed out that the write-in debate appears to be a gray area. “It’s not in the code book,” she explained, “It doesn’t say a candidate can or can’t run a write-in campaign after being defeated…I finally told them I needed something in writing.”
Anyone can file for a certificate of write-in; Davis said that has always been the case. However, a candidate has never, in considerable memory at least, been allowed to operate a write-in campaign after being defeated in a primary. “Anyone can file for a certificate of write-in and we will be required to count their votes on election day,” Davis pointed out, “as long as they meet the qualifying deadline.” Write-in votes may not be counted, however, if the individual fails to file the proper paperwork.
To-date, Davis said she and her staff have received “numerous, numerous inquiries” regarding write-in campaigns, however no one has filed for a certificate.
When asked whether he intends to conduct a write-in campaign, Rosson replied Wednesday, “We were first told by the local election officials that was not a possibility. They called yesterday and said they had made an error. We are currently analyzing our options and will be making a decision shortly.”
Benefield was asked about the possibility, as well. She responded, “At this particular point I haven’t made any decision….I’m open to options…who knows…I love what I do and I love my staff – we’re ready for another tax season – but I’m going to have to think about it and pray about it.”
The qualifying deadline for write-in campaigns for the August 5 election is noon on Wednesday, June 16, 2010.
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