|
Missing signatures may cost Hill ballot position http://www.johnsoncitypress.com/News/article.php?ID=75088
By Heather Richardson Press Staff Writer hrichardson@johnsoncitypress.com
State Rep. Matthew Hill’s space on the Aug. 5 state primary ballot could be in jeopardy.
A nominating petition, requesting Hill’s name be put on the August ballot may not have been completed. Hill’s signature is on the first page of the petition. Each subsequent page however, has a blank signature line.
TCA 2-5-102 requires that the petition be signed by the candidate.
Washington County Election Administrator Connie Sinks said in her opinion Hill’s petition meets the qualifications of the Tennessee code.
A section of the code states that “additional pages to be attached to a nominating petition may be obtained at a later date; provided, that each additional page must also have the name of the candidate, the office being sought and any identifying number for the office typed or handwritten at the top by the administrator, deputy or election commissioner along with the candidate’s signature and the date.”
According to Sinks, each page of the petition was issued at the same time and no additional pages were issued.
“What we issued the first day is what he returned ... so I don’t see how that part of the law would kick in.”
Sinks also pointed out that each page of the petition was signed by an official from election office.
“If we had failed to sign it then it could be looked at as maybe it wasn’t our petition,” Sinks said.
The decision of whether the petition is deemed valid will be made by the state election coordinator.
Sinks said as soon as she realized the additional pages were not signed she called the state Election Commission office to ask for guidance. She is now waiting to hear back from Nashville.
“I think the way the law reads now it will most likely be a valid petition ... but there could be a case law and other opinions I don’t know about.”
If the petition is deemed valid, Hill’s name will appear on the August ballot as intended. If the state says the petition is invalid, the Jonesborough Republican will not be able to run in the state primary. He could still compete however, as a write-in.
“It hurts me to see the candidates have any problems with the petitions,” Sinks said. “Regardless of whether they are a Republican or a Democrat, they are our candidate and I think everything should be decided on the ballot ... I try to keep from having any technicalities.”
***
Tennessee Code Annotated 2-5-102. Nominating petitions — Form — Requirements (Tennessee state law showing nominating petition form as having only three voter signature lines; additional pages added only at later date) http://www.michie.com/tennessee/lpext.dll/tncode/%40o%40/8b?f=templates&fn=document-frame.htm&ct=application/pdf&2.0
|