Tag Archives: district 89

No Democrat Qualifies to Replace Breeding in House District 89

The deadline to replace Shelly Breeding as a candidate for the Democratic nomination in Knox County’s House District 89 passed at noon Saturday with no petition filed, according to Cliff Rodgers, Knox County administrator of elections.
Further from the News-Sentinel:
Would-be Democratic candidate Breeding lost a court bid to be on the ballot after a chancellor ruled her house actually sits in Anderson County and not Knox County. The new district is wholly in Knox County.
The Tennessee Court of Appeals upheld the decision, and the Tennessee Supreme Court declined to review it.
Four candidates are running the GOP primary in August.
According to Mark Goins, coordinator with the state Division of Elections, the Knox County Election Commission must now transfer the voter registration of Breeding, her husband and other voters similarly situated on Elizabeth Downs Lane to the Anderson County Election Commission.
“We didn’t purge anyone and say, ‘You’ve got to register in another county. We hand-delivered (the registrations) over there yesterday so there wouldn’t be any problem,” Rodgers said today. “We wanted to be sure they had an easy transition.”
Rodgers said the move affects two households in addition to Breeding’s home, for a total of seven voters.
Rodgers said the last day to register to vote for the Aug. 2 election is July 3 and early voting begins July 13. Tennessee law has changed and now voters 60 years of age or older may vote absentee by mail for any reason, Rodgers said.

Note: Under state law, when a candidate is taken off the ballot after the regular qualifying deadline — whether for death, disability or some legal reason, as in this case — qualifying is reopened. The deadline for new petitions to be filed is 40 days before the election and this year the 40th day before the Aug. 2 primary election fell on Saturday.
After the regular qualifying deadline, there were 34 House seats guaranteed to Republicans in November because there is no Democrat on the ballot. With Breeding disqualified and no replacement named, there are now 35.

Court Agrees to Expedite Appeal of Breeding Candidacy Case

The Tennessee Court of Appeals today approved a fast-track schedule for Shelley Breeding’s appeal of a lower-court ruling that prevents her from running as a Knox County candidate for the General Assembly, reports the News Sentinel.
But the case could still go directly to the Tennessee Supreme Court, if Breeding’s lawyers ask the higher court to intercede and it does so. Her lawyers are contemplating making such a request.
Breeding wants to run as a Democrat in the newly formed 89th House District, which lies entirely in Knox County.
KGIS maps show that part of her residential property, including all of her house, is in Anderson County, while her mailbox and driveway are in Knox County.
A chancellor recently held she is legally an Anderson County resident and cannot run from Knox County.
Today the Court of Appeals said it would expedite its appeals process in the case, and ordered all briefs filed no later than June 8.

Judge Bars Democrat From Seeking Knox County House Seat

A judge ruled today that Shelley Breeding is not qualified to be a candidate for the General Assembly for the Knox County district she hoped to represent.
From Jim Balloch’s report:
“Shelley Breeding is not a qualified candidate, and therefore is not eligible to run for the state House of Representatives, District 89, which is solely in Knox County,” Chancellor W. Frank Brown III of Chattanooga concluded in a decision filed today.
One of her lawyers, John Cope, said his client is “highly disappointed,” and that the decision will be appealed immediately.
Breeding’s petition to run in the Democrat primary was questioned when a Knox County Election Commission worker discovered that a KGIS map shows part of her residential property, including her house, lies in Anderson County. Her driveway and mailbox are in Knox County.
“Thus, Ms. Breeding would have to show that she was a resident of Knox County,” Brown wrote. “It is her duty to show she is qualified. She has failed to prove such.”
Breeding said she was unaware that her mortgage was paying all of her property taxes to Anderson County. Her law office, voter and car registrations are all in Knox County, and she recently served on jury duty in Knox County.

Note: Breeding was the only Democrat to file a petition in House District 89. Four Republicans are competing for the GOP nomination.

Knox Election Commission Asks Court to Decided Breeding Issue

The Knox County Election Commission voted today to ask a court to decide the residency issue of Democrat legislative hopeful Shelley Breeding.
Breeding, who has filed to run in the newly formed 89th state House district, said she was not surprised at the commission’s ruling.
“It’s not the worst thing, though,” she said, adding that she felt comfortable with having a court decide.
“I think the law is strongly on our side,” she said.
Knox County Law Director Joe Jarrett said the petition for a declaratory judgment could be filed in Chancery Court as early as today, or Friday at the latest. Work had already started because he anticipated the ruling, he said.
The 89th district lies entirely in Knox County. Part of Breeding’s property, including her driveway and mailbox with a Knoxville address, is in Knox County, but her house lies in Anderson County, which collects her property tax.
Her lawyer Bill Stokes, is a Republican and former county GOP chair. He said Breeding meets a number of other criteria that qualify her to run as a candidate from Knox County.
“She is a bona fide Knox County resident,” he said.
The commission vote was 3-to-2, along party lines, to send the matter directly to court instead of voting on her candidacy. State election officials earlier advised the Knox County Election Commission to send the matter straight to court, since it was likely to land there anyway.
(Note: from Jim Balloch of the News Sentinel)