The State Election Commission has voted to remove Democrat Michael Fitzgibbons from the Sevier County Election Commission after he refused to step down as chairman in compliance with a new state law mandating that only Republicans serve as county election commission chairs.
In a letter to Fitzgibbons, state Elections Coordinator Mark Goins says the commission decided “in a bipartisan 5-2 vote” to remove him from office “as a result of your violation of Tenn. Code Ann. 2-1-111 and 2016 Public Chapter 1069.”
The cited law, enacted earlier this year by the Legislature to take effect on July 1, declares that all county election commission chairmen must be members of the political party representing a majority of the commission. Under separate state law, Republicans have a majority on all county election commissions and on the State Election Commission as well.
Fitzgibbons was elected chairman of the Sevier County panel in April of 2015, becoming the only Democratic chair in the state on a 3-2 vote when a Republican member voted for him by mistake, Rep. Dale Carr, R-Sevierville, told the News Sentinel earlier. The change of law to require Republicans only be chairs came in the form of an amendment to a bill sponsored by Rep. Mark Pody, R-Lebanon. (Note: Previous post HERE.)
According to State Election Commission correspondence on the issue, provided on request by a spokesman for the Secretary of State’s Office, the Sevier County Election Commission voted to reorganize Aug. 12 and chose Jack Ogle as the new chairman, but Fitzgibbons the vote out of order and continued to describe himself as chairman.
The Tennessee Democratic Party issued a press release on the matter Monday. It’s below. Continue reading