Election Commission discusses Democratic lawsuit as would-be candidate Robin Smith looks on
The Hamilton County Election Commission voted Thursday morning to hire a Nashville attorney to represent it in a lawsuit brought by state Democrats over the last-minute decision by Rep. Gerald McCormick not to run again.
The panel voted 4-0 to hire attorney Tim Warnock, who was recommended by Commissioner Chris Clem, who was at one time the attorney for the commission. The charge for attorney Warnock is $400 per hour. The commission set a maximum amount of $50,000. "I hope it doesn't go that high," attorney Clem said.
Among those in the audience with former state Republican Party Chairman Robin Smith, who was the only GOP candidate to qualify for the House District 26 seat. David Jones is running as a Democrat.
The commission on Monday approved putting the name of Ms. Smith on the ballot.
Commissioner Clem said that was done after the state attorney general ruled that Rep. McCormick had properly withdrawn. He said the regular withdrawal date had passed, but there are exceptions for later withdrawal. One is that your employer forces you to relocate. Rep. McCormick said he was taking a job in Nashville with an engineering firm.
He had last year bought a house in Nashville after his wife, Kim, went to work for the state Board of Regents there. The couple put their house on Big Ridge on the market.
Commissioner Clem said the late McCormick withdrawal was also approved by state election officials.
He said no objections were heard until notification of the lawsuit 20 minutes after the Monday morning ballot approval.