A citizen told members of the County Commission on Wednesday during a call in that he had taken an issue about a billboard for School Board candidate Tom Decosimo to the district attorney.
The caller said school board races are suppose to be non-partisan, and he believes posting the billboard sign declaring that Mr. Decosimo is a Republican violates the law.
The billboard at the foot of Signal Mountain says: Elect Tom Decosimo. A Republican For School Board. District 2.
Kerry Steelman, election administrator, said his office does not regulate campaign activity.
However, Chris Clem, a Republican member of the Election Commission, defended the sign. He said, "Mr. Decosimo asked the local election office if merely telling people 'I am a lifelong Republican' was against the law in his campaign literature. T.C.A. Section 49-2-201(a)(1) merely states “… no person seeking a position on a board shall campaign as the nominee or representative of any political party.”
"We called the Tennessee Bureau of Ethics and Campaign Disclosures and the State Election Office. They indicated that no candidate has ever been prohibited from telling people what party they are in. No state law even attempts to regulate what candidates say in a campaign. No state agency has ever been given the authority to regulate campaign content.
"A brief review of Westlaw and Lexis could not find a single case in Tennessee or anywhere else in the United States where any candidate for a non-partisan elected position is prohibited from telling people what party they are in.
"In 20 years of involvement in politics this is the first time I have ever heard a complaint that a candidate can’t say 'I am a lifelong Republican' or 'my opponent is a hardcore Democrat.' Honestly, I am a bit amazed this is even an issue. You do not lose your free speech rights when running for office.
"The statute does say that a candidate cannot claim to a party nominee or a party representative. But, it does not prohibit anyone form saying they are a lifelong republican or that their opponent is a hardcore democrat. That is free speech. And, no candidate or campaign in Tennessee or anywhere else in the country has ever prohibited free speech in that way."
Commissioner Tim Boyd, who read the statement from Mr. Clem, said, "He is not campaigning as the party nominee so he has not broken the law. It's pretty simple and clear that the Decosimo campaign is not in violation of the law as written."
Commissioner David Sharpe replied, "Partisan politics has no place in our schools."
Commissioner Warren Mackey made a motion that the commission appoint a task force that would come up with a policy statement on the issue. However, Chairman Randy Fairbanks said motions could not be made at a commission agenda session.
Chairman Fairbanks said, "In the end, this will be a decision made by the voters - whether they like that tactic or not."