Judge rules to keep Nashville mayoral election in August

A Nashville judge Wednesday dismissed a pair of lawsuits filed against the city that sought to force an expedited special election for mayor in May — keeping the August election date that was approved last week.

Davidson County Chancellor Claudia Bonnyman made the ruling from the bench, citing Tennessee Supreme Court case precedent that she said supported the Davidson County Election Commission's 3-2 vote last Friday to hold the election on Aug. 2.

The election was prompted by the sudden resignation last week of former Mayor Megan Barry.

"The commission's decision stands," Bonnyman said, "and it appears that the vacancy in the office of the mayor must be filled at the next metropolitan general election, which occurs on Aug. 2, 2018."

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A ruling the other way would have upended Nashville's political scene, sending potential mayoral candidates into a frenzy ahead of a race that would have been just two months away. Mayor David Briley, the former vice mayor who was sworn in to replace Barry after her resignation, has said he is running for the position.

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But the legal fight isn't over. Attorney Jamie Hollin, representing plaintiff Ludye Wallace, said he plans to file a special appeal Thursday to the state Supreme Court, bypassing the Tennessee Court of Appeals because of the timelines of the case.

Wallace, the current head of the Nashville NAACP and a longtime former Metro councilman who has qualified to run for mayor, filed the initial lawsuit. Nashville resident David Hiland, who has also qualified to run for mayor, filed a companion suit.

Judge agrees with Metro on general metropolitan election question

In her ruling, which followed an hour and a half court recess, Bonnyman agreed with the city on a fundamental question — the definition of a general metropolitan election.

During oral arguments, attorneys for both sides pointed to a section of the Metro Charter that says an election to fill a vacancy in the mayor's office must take place during the next general metropolitan election unless it is more than 12 months away.

If it is within 12 months, a "special election" would have to occur within 75 and 80 days of Barry's exit, meaning a stand-alone election would have to take place between May 21 and May 25.

Bonnyman agreed with the city's broader interpretation that this year's August election — which has Metro clerk, sheriff and register of deeds races but doesn't historically have a race for mayor — is a type of general metropolitan election, and thus the mayoral election should take place then.

Plaintiffs argued for a more narrow definition that only elections that fall under the four-year cycle to elect mayors and council members are such elections.

"The court does not find language narrowing or referring to a narrow definition of general metropolitan election," Bonnyman said. "Instead it appears to be a broad term."

'A general election,' not 'the general election'

Hollin highlighted a part in the Metro Charter that says "for the purpose of election of a mayor" there shall be "a general metropolitan election" every four years after the first Thursday in August 1971. The next election on that cycle is not until August 2019, meaning a special election would have to take place because it is more than 12 months away.

"There are but two ways to elect a mayor in the city of Nashville: in a general metropolitan election or a special election," Hollin said. "There are no others. The vacancy in the office of mayor was created on March 6, 2018, and it has triggered a special election under the charter."

But city attorney Lora Fox, representing the election commission, said the standard mayoral election that occurs every four years is only one type of general metropolitan election. The election this August is another type, she said.

"The argument of the petitioners today is that there is only one type of general metropolitan election, but the language of the charter itself disagrees," Fox said. "In sum, the next general election is a general election. It is not the general election."

Plaintiffs: Mayoral election this August would be first with party primaries

Other possible mayoral contenders include Nashville businessmen Bill Freeman and David Fox, who finished behind Barry in the 2015 mayoral election, At-large Councilwoman Erica Gilmore, At-large Councilman John Cooper and state Rep. Harold Love, Jr.

Wallace's lawsuit says he is seeking a special election in May because he lacks the financial resources to campaign months longer to August. He's denied having any other motives. Wallace still has time to remove his name from the ballot before the April 5 deadline.

Hollin worked on Freeman's 2015 mayoral campaign. Wallace was also represented in court by Nashville lawyer Daniel Horwitz. Hiland was represented by Ben Gastel of the Democratic Party-aligned law firm Branstetter, Stranch & Jennings.

As part of his argument, Hollin said it's the tradition of Nashville to hold elections for mayor and council during off-year elections that lack partisan races. He held up a council resolution passed in 2011 that put the legislative body on record as opposing any move to change the mayoral election to coincide with November partisan elections.

"An election for the office of mayor in Nashville has never been on the same ballot as a partisan primary state or federal election, which is what will occur if the office of mayor is set for August 2018," Hollin said.

Vice mayor's election raised by plaintiffs

He also pointed to a part of the charter that says the office of vice mayor shall remain vacant until the next general election. A new vice mayoral election has not been set and is instead slated to occur next in August 2019.

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"If the August 2018, election is the next general metropolitan election, as Metro says, then the office of vice mayor should be on the ballot," he said.

Fox said the city's position is that the vice mayor's seat is not considered vacant under the charter. Bellevue-area Councilwoman Sheri Weiner, the council's speaker pro tempore, is serving as acting vice mayor in Briley's absence.

Although Fox said the city has able staff to hold a quicker election, she raised other concerns about the scenario.

"Do we have to have a special election with expedited schedules — where, for example, the absentee ballot period will be shortened, where voter registration periods will be shortened, where the qualifying deadline will be shorted?" she asked. "Is that what the charter is asking us to do? Or is the charter asking us to look at the next Metro general election where Metro offices are on the ballot."

That prompted Hollin to say Metro has raised a "logistical problem, not a legal problem."

Reach Joey Garrison at 615-259-8236, jgarrison@tennessean.com and on Twitter @joeygarrison.