The Maryville Daily Times reports that a lawyer for the Tennessee Division of Elections has advised Blount Co. Election Commission that a "special election" to fill the General Sessions Court judge vacancy is not allowed according to a 1984 Attorney General ruling and that County Commission must appoint a replacement.

According to the article, the Tennessee Division of Elections lawyer was not aware of the same scenario in Knox Co., in which Knox County is planning a November election to replace a General Sessions Court judge who was elected to Circuit Court. The lawyer said "maybe" it has something to do with Knox County's home rule charter.

Knox County's home rule charter Article IV, Sec. 4.02 says "If a vacancy occurs in any judicial office of the General Sessions or Juvenile Court, or in any other County judicial office established by law or by this Charter in Knox County, then that vacancy shall be filled by a vote of the Commission as prescribed in this Charter, and the person so selected shall serve until his/her successor is elected and sworn."

It would actually seem more clear that Knox County cannot hold an election. (Unless the charter means for the appointment to be temporary until the next election. The charter does not appear to be as specific as state law on that.) On the other hand, state law applies in Blount County case, and state law seems to directly contradict the Tennessee Constitution. Guess somebody needs to fix that.

It should also be noted that the November election is not a "special" election. It is a regularly scheduled general election. So it's not clear if the 1984 AG opinion applies. In fact, state law specifically states that vacancies occurring in a 120 day window before the November election are to be filled by party convention nominations and a November election.

But we assume nobody will press the issue with Blount County to seek further clarification, and they will do whatever they want to do as usual.

The Nashville Post has obtained a copy of Raymond Finney's request to the TNGOP for a recount. Under "reasons," he levels some pretty serious allegations regarding voting irregularites in Sevier County.

(By way of ACK at Post Politics)

The Maryville Daily Times reports on the question of whether there should be an election to replace Judge Duggan in Sessions Court. (See previous discussion here at BlountViews.)

Blount GOP Chair and Mayor Jerry Cunningham's assistant county mayor and financial director Dave Bennett invokes the Tennessee Constitution. This could end up being a test of the Tennessee Plan. We're certain he's aware of the controversy surrounding that.

Is Sessions Court Judge, basically a "justice of the peace," a county office or state office?

According to WBIR and MDT, Raymond Finney has filed a formal request for a recount with the Tennessee Republican Party. Reports say the TNGOP referred it to State Election Coordinator Brook Thompson to advise on the procedure and the cost.

The TNGOP executive committee will make the final determination. They have not been very receptive to such requests in the recent past (see here and here).

Maryville Daily Times Editorial: Election results reflect lack of voter concern

That is pathetic when regardless of administrations, local, state or national, we hear almost continuous complaints about government. It is our opinion that a person eligible to register to vote and a registered voter who is too uninterested in government to cast a ballot deserves what they get. And as far as most ears are concerned, they lose their right to voice complaints.

On a certain level I agree. I'm not sure who "most ears" are (I can guess), but I have to disagree that anyone who doesn't vote loses their right to voice complaints. The First Amendment says everybody has a right to "petition the Government for a redress of grievances," whether they vote or not. I agree, though, that it's inconsistent to complain and then not vote.

But here's where the MDT argument breaks down. Do we get what we deserve, or do we get what the backroom mechanics of the local political establishment and the MDT decide we need? Perhaps voters are conditioned by so many years of the same old same old from the same old same old that there's no expectation of anything different so why bother?

But you have to give the local Republican political establishment credit for creating this environment. They have a reliable base of voters they can get to the polls every time. And they have created an atmosphere where only a very few brave souls would even dare consider dragging themselves and their families through the mud to oppose them.

So the GOP machine is doing it's job and they're good at it. Local Democrats, progressives, and independent minded people interested in better government, however, are not doing their job. Job one is getting out to vote.

Here are some interesting facts. On Aug. 7th, 6,451 people voted for Democrat Mike Meares for Circuit Court Judge, the only contested partisan race on the ballot.

In Blount County, 9,305 people voted in the Feb. 2008 Democratic presidential primary. 13,373 Blount County voters voted for Democrat Harold Ford Jr. in the 2006 U.S. Senate election. 23,433 voted for Democrat Phil Bredesen for Governor in that same election. 15,042 voted for Democrat John Kerry for President in 2004.

Where did all those Democrats and Independents go? Democrats, progressives, and independent minded voters had a real chance to throw a monkeywrench, so to speak, in the cogs of the local GOP machine. So why didn't they show up?

Races for President, U.S. Senate and Governor certainly draw more interest than the election of a local judge. But here's another interesting fact. More people voted in the Aug. 7th Circuit Court election than voted for Blount County Mayor in Aug. 2006. And Judge Mike Meares got more votes in the Feb. primary than he did in the Aug. general election!

What this suggests is that while there appeared to be heightened interest (as compared to usual voter apathy) in the Circuit Court election, negative campaigning works -- primarily to suppress the opposition vote.

(It should also be noted that the local newspapers here and in Knoxville played a role in ginning up controversy where none really existed, which may account for some of the increased interest but not in a good way.)

The only puzzling thing is why run a negative smear campaign via swiftboating surrogates when you're starting out with a huge advantage? The answer, I suppose, is that the GOP establishment is good at their job. They take no prisoners, give no quarter, and leave nothing to chance.

That's something Democrats in Blount County, and all across America, are going to have to learn if we want to be a viable opposition party in the interest of better government.

In a front page article, the Knoxville News Sentinel reports this morning:

Having won the Republican primary, Overbey will win the office because there is no Democratic opposition.

I guess Independent Ira Lapides dropped out and I didn't hear about it.

I emailed KNS Editor Jack McElroy to ask about it, and now the online version of the story has been altered:

Having won the Republican primary, Overbey will face Independent Ira Lapides of Gatlinburg in the general election in November.

So are they going to send someone out to 150,000 homes with Sharpies to correct the print edition?

They really shouldn't do this. They should put an editor's note at the bottom explaining that the original article had an error that was corrected online and that the print edition still contains the error. I don't think it helps their credibility when the print edition doesn't agree with the online version and there's no explanation as to why.

(But yeah, Overbey will "probably" win.)

Here.

Stopped by the Alcoa precinct at lunchtime. Business was slow. A poll worker said it had been slow all day, as slow as he recalls ever seeing it.

Just as I arrived, a couple of Meares campaign workers were being asked to move their post a little further away from the polling place door. It was the second time. Poll workers were measuring it off with what looked like a sewing tape or something.

Here's Meares campaign worker Zack Nyein manning his station in its final resting place.

They had first set up to the left of the dumpster, closer to the polling place entrance near the orange cones. The boundary was not clearly marked, so they were guessing. A poll worker came out and asked them to move a little further away, pointing to the sign across the parking lot near the street, which you can see next to the entrance near the phone poles (the short white sign).

Their second setup appeared to be outside the boundary, but someone complained anyway so they moved again to this spot. Hope they're still there, and not forced to moved over to Springbrook Park or something.

Local races to watch:

• Mike Meares v. David Duggan, Circuit Court Judge Div. II

• Patrica Bell v. Brad Long, School Board District 6

State primaries of interest:

• Jim Bishop v. Raymond Finney v. Doug Overbey, R TN SEN 08

• Steve Hargis v. Jim Melton v. Tona Monroe-Ball v. Bob Ramsey, R TN REP 20

More state races of interest at TennViews...

It has come to our attention that some voters may be receiving misleading phone calls regarding the vote tomorrow.

Here are the facts. There are three elections tomorrow: A state Democratic primary, a state Republican primary, and a Blount County general election.

Regardless of which party primary you vote in, all Blount County voters can vote in the Blount County general election, and your ballot will have ALL the Blount County general election candidates including Judge Mike Meares.

In other words, even if you vote in the Republican primary, you can vote for Judge Mike Meares in the Blount County general election.

If anyone calls you saying otherwise or someone from the local Republican establishment tries to confuse you on this, you should ask yourself a simple question: who is for legitimate elected government by the people and who is fighting democracy by way of misinformation and voter disenfranchisement? Then vote accordingly.

(You should also ask yourself why the local Republican establishment would insult your intelligence by suggesting you are stupid enough to believe such nonsense.)

Tomorrow (Thursday) is an important day in Blount County. It's when we vote. Voting is a right paid for in blood and a duty we must honor.

Voting is the only say we have in government. Wealthy businessman and lawyers seem to believe government is for sale to the highest bidder. Don't let them get away with it. All the money in Blount County can't buy your vote unless you let it by sitting idly by. Your vote is yours and yours alone. Use it, and use it wisely.

This is your chance to have your voice heard. Send a message: Government by the People, for the People.

Thursday Aug. 7th is election day. Don't forget to vote.

Here are the precincts by district.

Here are the precinct locations.

Here's the Democratic Primary sample ballot.

Here's the Republican Primary sample ballot.

Here are E-slate voting machine instructions.

UPDATE: There are three elections tomorrow. A Democratic state primary, a Republican state primary, and a county general election. Regardless of which primary you choose to vote in, the county general election candidates will be on your ballot and you can vote for them.

Early voting totals for Blount County:

Total early votes: 4976 (7.9%)
Democratic Primary: 1003
Republican Primary: 3936

Feb. 08 Primary early votes: 4577 (6.5%)
Aug. 06 General early votes: 3852 (5.1%)

Early voting turnout for Thursday's Aug. 7th 2008 county general and state primary election was 7.9% of active registered voters, significantly higher than the state average of 6.1%.

UPDATE: Here's a puzzler. Active registered voters:

June 2004: 64,396
June 2005: 71,992
June 2006: 75,065
June 2007: 67,238
June 2008: 62,702

Note the decline from 2006 to 2008. This makes the 7.9% turnout figure suspect. What happened to the 12,000+ registered voters who disappeared between June 2006 and June 2008? Did ol' Jerry run off all those people who weren't from around here?

(Source)

UPDATE: For comparison:

UPDATE: Blount Co. Administrator of Elections Libby Breeding explains. She took over in 2007. Previously, the count of active registered voters was being maintained by hand. When she compared it to the computerized records, there was a huge discrepancy. She did not want to file a certified report based on suspect numbers, so she asked the Tennessee Division of Elections for guidance. They approved "starting over" using the more accurate computer counts.

Maryville Daily Times, quoting Doug Overbey:

"...I have been called names in this campaign that I never imagined would occur in a Republican primary. That's unfortunate. The public deserves better. What the public wants is candidates and office-holders to engage in a discussion of the issues -- not name calling."

What happened, did someone call him a "monkey?"

Overbey has criticized Finney for voting to change the state's BEP education funding formula, sending "$13 million to Memphis."

One ad about eduction funding reportedly featured African-American elected officials in Memphis. So what's the message there, Mr. Overbey?

He also forgot to mention that our next-door neighbors in Knox Co. got extra funding under the new formula, too, thanks to the efforts of the Republican Knox Co. Mayor. So why pick on Memphis?

UPDATE: Finney lowers the bar even further, suggesting in a giant, full page ad in today's Maryville Daily Times that "Nazi propaganda minister Joseph Goebbels" would approve of Overbey's campaign tactics. Godwin's law at work.

Maryville Daily Times

A Taxpayer Bill of Rights would keep state spending under control, Melton said.

"That provides for controlling spending and controlling increases in taxes ... (after) two years of surpluses, the surplus would be refunded to the taxpayers. Right now it's spent, which increases spending for the next cycle. We need to get some kind of controls on spending. Taxes are not the issue. Spending is the issue."

I used to think this was an idea worth at least discussing.

But then I recalled the words of conservative idiot Grover Norquist, who said "I don't want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub."

Here's the truth about the Taxpayer Bill of Rights from the Center on Budget and Policy Priorities:

TABOR shrinks the scope of what government can accomplish and creates conditions that each year pit programs and services against each other for survival. And once such limits are embedded in a state constitution, they usually cannot be removed or modified. They undermine existing services for children, youth, and families and make any new initiatives virtually impossible to undertake.

In Colorado- the only state with a TABOR, voters decided in November 2005 to suspend their TABOR amendment for five years so that the state could begin restoring cuts in public services and avoid making even more drastic cuts.

That's what this is really all about. We're not satisfied being near last in education, health care, etc. We're clawing our way to the bottom, and these "no tax" conservatives pander to low-information voters who haven't figured that out yet.

The Maryville Daily Times profiles the race between Judge Mike Meares and Judge David Duggan for Circuit Court District II.

I found this part particularly amusing:

Duggan again emphasized his philosophy, when asked about his qualifications.

"I believe in judicial restraint," he said. "I believe that a judge needs to understand, and I do understand, that a courtroom does not provide political balance. Politics should never come into the equation. Once you go through those doors and the witnesses are put under oath, it should not matter ... I understand that."

This doesn't square with Duggan's campaign rhetoric. His yard signs say "Republican Candidate." His website features a page called "Why I'm a Republican," with a photo of Ronald Reagan. Another section touts Duggan's work for the Republican party and how he worked on Reagan's first (losing) presidential campaign. Another section includes a long essay about how Duggan came to be a Republican and how he embraces the conservative movement.

This is so typical of modern conservatives. Just like the Bush Administration's "Clear Skies" and "Clean Water" and "Healthy Forests," they tell you down is up and black is white and pretty soon voters are so confused they don't know what to believe or worse start believing the spin.

In sharp contrast, there is no mention at all of Judge Mike Meares' political affiliations on his campaign signs, in his literature, or on his website.

Furthermore, if Judge Mike Meares tells you something, you can believe it. You don't have to read between the lines or look behind the curtain and you don't have to check with the party bosses or local political establishment to figure out what he's really saying or whether it's true. It just is. And he doesn't hide behind surrogates sent out to attack his opponent. He is open, accessible, and stands up in public to say what he thinks is best for the future of Blount County.

Whatever happens in this election, the citizens of Blount County owe Judge Meares a debt of gratitude for doing his job (working unfortunately in a hostile environment), draining the swamp, and straightening out some problems with the operation of the local courts -- all for the benefit of Blount County citizens instead of the political party bosses who have a pathological need to maintain heavy-handed control over every aspect of Blount County government, including the courts.

Early voting for the Blount Co. General and State Primary election, through Jul. 29th: 3217

Republican primary: 2525
Democratic primary: 669

In the February primary, there were 4577 early votes cast, 18.4% of the total. Total turnout was 24,880, 35.6% of registered voters.

In the 2006 August general, there were 3852 early votes cast, 24.9% of the total. Total turnout was 15,464, 20.5% of registered voters.

Early voting continues through Saturday at the following locations and times:

Election Commission Office
383 Court Street
Monday through Friday, 8:00 a.m. to 4:00 p.m.
Saturday, 8:00 a.m. to 2:00 p.m.

Everett Gym
3185 Everett High Road
Monday through Friday, 10:00 a.m. to 6:00 p.m.
No Saturday voting

Pellissippi State Technical Community College
1010 Middlesettlements Road
Monday through Friday, 8:00 a.m. to 4:00 p.m.
No Saturday voting

Blount Today covers last Saturday's BBQ rally for Judge Meares. They estimate turnout at 350. The article includes some quotes from attendees.

After sorting through all the reporting and letters and findings, this is my synopsis of events in the Blount Co Circuit Court.

What seems strange to me is that none of the Republicans seem to care that Young falsely charged Meares with being behind on his caseload. Has Hatcher or Young apologized, and I just missed it? In David Black's long letter, I see no concern for whether Meares had been falsely accused.

Random fact that didn't fit: Duggan wrote last August that the Local Rules should be revisited. The bar could have resolved the matter long before election season if they took it up when Meares and Duggan were saying they should, but they dragged it in instead.

There are unsubstantiated reports that at least one voter with Meares bumper stickers and signs on their vehicle was harassed for parking in a public parking space near an early voting location.

According to another unsubstantiated report, a county employee harassed someone for placing Meares signs at an early voting location outside the 100 foot boundary. We're not clear on the details, but there was something about not allowing campaign signs on county property.

State law clearly states that campaign signs can be placed near polling locations as long as they are outside the 100 foot boundary. State law also says that it is the duty of the county election commission to measure off and clearly mark the 100 foot boundary at all polling locations.

If you have any first-hand reports of voter intimidation or campaign worker harassment, please let us know.

Judge Mike Meares sits down with BlountViews.com this morning at his campaign headquarters to talk about the election:

Early voting is underway, and election day is a little less than three weeks away. Here are our endorsements.

County General:

Circuit Court Judge, Division II: Judge Mike Meares
School Board, 6th District: Patricia Ann Bell

Primaries:

U.S. House 2nd District: Bob Scott (D)
U.S. Senate: Bob Tuke

A short clip of Judge Mike Meares speaking at today's campaign rally. This pretty much sums up what this election is all about:

Maryville Daily Times

The 8th District State Senate race pits incumbent Sen. Raymond Finney against 20th District state Rep. Doug Overbey in the state Republican Primary. Since there is no Democrat running, the winner of the primary will win the seat in the November general election, barring a major write-in vote. The seat represents both Blount and Sevier counties. Jim Bishop of Sevier County is also on the ballot.

This is certainly big news to Ira (Doc) Lapides, who has qualified and been certified by the Tennessee Division of Elections to be on the November ballot as an Independent.

Joe Gallagher writes:

Democrats: We have an excellent chance to elect Judge Mike Meares to the Blount County Circuit Court. To reach this achievement, we need to continue our effort to promote awareness of Mike Meares, bolster his image as a popular and effective Judge and to advertise August 7 as an election date that matters.

With those goals in mind, I have taken the initiative of ordering 100 T-Shirts with the message, "MIKE IS RIGHT. VOTE AUGUST 7TH."

On the backside, it says, "ELECT JUDGE MEARES. VOTE AUGUST 7TH."

So far, approx 40 Democrats and friends of Mike Meares have purchased a T-Shirt at $10. Any profit which may accrue from the sale of the Mike Meares T-Shirts will be donated to Mike's campaign fund. However, the primary goal is to advertise that "MIKE IS RIGHT" for refusing to accept campaign contributions from attorneys; for striving to keep politics out of the Blount County Courts and for dedicating his position to bring EQUAL JUSTICE TO ALL.

Mike Meares is doing a wonderful job as Circuit Court Judge. He deserves to be elected on August 7 and will be if we manage to get out the vote. I invite you to contact me to purchase a MIKE IS RIGHT T-SHIRT and then to wear it - let your friends and neighbors know that you support Mike Meares.

Call me (Joe) at 865-983-4557 and I will arrange to deliver a T-Shirt to you. Also, there is a supply in a variety of sizes at the Meares' Headquarters on High Street.

Make a fashion statement: support Judge Meares!

Early voting has been underway in Blount Co. since Wed. Jan. 16th and ends this Thursday, Jan. 31st. Through last Thursday Jan. 24th, only 1,378 people had voted early. This is about 2.3% of the registered voters in Blount Count.

Voting picked up a little on Wednesday and Thursday after Thompson dropped out. Apparently some people were waiting to see what he would do before voting.

The Judge Mike Meares campaign has launched their official website at www.mearesforjudge.com. There's a lot of good information, including an interesting "voter education" section on how the court system works. Check it out.

Also, the Committee to Elect Mike Meares is now accepting contributions. You can send your contribution (up to the maximum of $1,000.00) to:

Committee to Elect Mike Meares
c/o Martha Meares, Treasurer
212 High St.
Maryville, TN 37804

This is exciting. There are now, apparently, enough voters in Blount County to justify a second (2nd I say) early voting location.

According to the Maryville Daily Times,

There is a new early voting satellite location at the Everett Recreation Center, 318 S. Everett High Road. The early voting hours at the Everett location will be from 10 a.m. until 6 p.m. Monday through Friday.

The courthouse hours will be 8 a.m. until 4 p.m. Monday through Friday and 8 a.m. to 2 p.m. on Saturdays. Early voting will be held through Jan. 31.

TACIR released a report on Tennessee voting systems last week. Read a summary and commentary at TennViews. Also, Joe Powell raises some good questions.

The Daily Times has an article on the upcoming 2008 primaries and elections.

It incorrectly states that the last day to register for the Feb. 5th primary is January 4th.

The last day to register is Monday, January 7th, according to the Blount Co. Election Commission website and the Tennessee Secretary of State website.

The Blount County Election Commission has an online voter registration form that you can fill out, print, and mail or hand deliver. I'd recommend hand delivering it to the Election Commission office at the courthouse (383 Court Street, Maryville) due to the holidays and possible mail delays. You can print blank copies to give to others who need to get registered.