Tom Decosimo Files To Have Name On Ballot In School Board Race Under Anti-Skullduggery Act

  • Tuesday, April 14, 2020

Tom Decosimo, who had planned to run a write-in campaign for County School Board after incumbent Kathy Lennon withdrew shortly after qualifying, said Tuesday his name will now be on the ballot under the provisions in Tennessee’s Anti Skullduggery Act (ASA) of 1991.

After Ms. Lennon withdrew, that left only newcomer Marco Perez on the ballot.

Mr. Decosimo said, “If what the incumbent and her lieutenant did to try to manipulate the process is not ‘skullduggery’, I don’t know what is.

Kerry Steelman, election administrator, said, "The extension of the qualifying deadline for the District 2 school board race is statutory and may be cited as the “Anti-Skullduggery Act of 1991.”

"TCA 2-5-101(h) permits additional candidates to qualify for an office no later than 12 noon, prevailing time, on the seventh day after the original withdrawal deadline if an incumbent for such office is a candidate for a primary or a nonpartisan general election and if such incumbent dies or properly withdraws on the last day of the qualifying deadline or prior to 12 noon, prevailing time, on the seventh day after the qualifying deadline.

"In this specific case, the incumbent withdrew her candidacy on the seventh day after the qualifying deadline."

Mr. Decosimo said, “I am very proud of the Tennessee General Assembly for having the foresight to address this type of situation to level the playing field a bit. Incumbency is a powerful tool for politicians to get re-elected. The ASA provides an opportunity for more candidates to break the chain of long term incumbency by allowing others a chance to serve.

His campaign said, "Under the provisions of the ASA, if an incumbent elected official, who has filed proper paperwork for re-election and then withdraws his/her candidacy on the last day of qualifying, the qualifying deadline is then extended for another seven days. This provision was enacted by the Tennessee General Assembly specifically to prevent unscrupulous behavior by incumbent elected officials trying to manipulate the process to pave the way for a selected successor.  This practice is unethical and is addressed by the ASA."

Mr. Decosimo was filing his qualifying papers today with the Hamilton County Election Commission for his name to be placed on the ballot for the District 2 seat.

He said, “My family has been deeply involved with this community for generations, it is time for me to give back and serve where I think I can be of most value, educating future generations of our children. It is also important that we are diligent and responsible with managing a budget that is approaching a half a billion dollars a year. I believe my experience in business and finance will be helpful in planning for our future at several levels. I look forward to running for this position and I ask for the help and support of those who live in District 2. I would appreciate your vote.”

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