Posted on 04/19/2006 11:57:38 PM PDT by Maigrey
She vows to take her case to federal court, win office in November vote
NASHVILLE -- The Tennessee Senate voted 26-6 Wednesday to void the District 29 election, but ousted senator Ophelia Ford vowed to challenge the action in federal court today -- and to win election in November. There was a bit of high drama after the vote as Ford initially did not leave the chamber during a recess designed to let her exit gracefully. But after a few minutes, she addressed the Senate, collected her things and left.
"I just thank and praise God that He chose me to do this. It's no coincidence that this has happened today and I'm not surprised about it, though we will be back in court tomorrow and you might see me (back) as early as next week. But I will definitely be back here come January," a spirited Ford said before leaving the Senate chamber.
Legislative researchers said that as far as they can determine, it's the first time a state senator has been removed from office since Tennessee statehood in 1796, except for the federal government's expulsion of legislators who served the Confederate government during the Civil War.
Although Wednesday's action had the effect of removing Ford, it was technically a voiding of the special election she won by 13 votes over Millington Republican Terry Roland Sept. 15.
Roland's contest of the election led to a months-long investigation by a special Senate committee. The panel recommended last week the election be overturned because "illegalities so permeated the conduct of this extraordinarily close election as to render (its results) incurably uncertain and untrustworthy."
The Senate's vote was to adopt the recommendation. The vote was expected to be closer. Only six of the Senate's 15 Democrats voted against voiding the election. Speaker John Wilder, D-Somerville, did not vote.
Barring court intervention, the Shelby County Commission will meet May 8 to appoint an interim senator until the Nov. 7 election, when the seat is on the ballot for a full four-year term. The legislature expects to adjourn for the year in mid- to late May, so the appointee will serve little of the session.
Commission Chairman Tom Moss said Wednesday he expects Ford, Roland and others to be in the running and that he expects a "heated and extended debate. It's going to take several rounds of voting."
Moss, a Republican, said he's committed to vote for Roland.
Roland, 42, watched the drama from the Senate's public gallery. He said afterward, "I regret that it drug out this long, but the will of the people of Senate District 29 was served today. This is not about me being a senator. It's about the election process."
Ford has served in "provisional" status since the General Assembly convened Jan. 10. Republicans tried to void the election that week, but after a preliminary 17-15 vote to oust her, Ford's lawyers filed suit in Memphis federal court on voting rights and due process grounds. U.S. Dist. Judge Bernice Donald temporarily blocked the scheduled vote and ordered the Senate to give people whose votes were challenged the right to be heard.
Ford's $16,500 annual legislative salary, $150 per day expense allowance and $1,000 per month home-office allowance ended with the vote.
Voting against voiding the election were Sens. Ford, Kathryn Bowers, D-Memphis, Steve Cohen, D-Memphis, Ward Crutchfield, D-Chattanooga, Thelma Harper, D-Nashville and Joe Haynes, D-Nashville.
The day had circus-like moments.
Before taking up the election contest, the Senate honored the University of Memphis football and basketball teams, coaches, sports officials and administrators. Several senators wore blue football and basketball jerseys with their names on the back. Ford draped hers, bearing the number "29," over her shoulders in her front-row seat.
The Senate appeared ready to vote at once until Cohen asked for debate. He summoned Asst. State Atty. Gen. Janet Kleinfelter and Ben Cantrell, special counsel to the investigating committee, to the podium for questions on whether the Senate would violate Judge Donald's orders forbidding different standards of voter residency in this election than others.
Both lawyers said they believed the Senate was in compliance. But Cohen, facing two Ford relatives in this year's 9th Congressional District election, disagreed. He voted "no," saying, "I don't think Judge Donald's standards have been met.
"I also submit that if the senator's name wasn't Ford, we wouldn't be in this situation."
Sen. Roy Herron, D-Dresden, said that no one had "suggested or insinuated that Sen. Ford" nor her campaign had done anything wrong. "The judgment is about the election," said Herron, who voted to void the election.
After the vote, Republican Leader Ron Ramsey called for a 10-minute recess to, he had said Tuesday, give Ford "an opportunity for a graceful exit."
But 13 minutes later, Ford remained in her seat as senators filtered back in, some wondering aloud if she was waiting for her lawyers to intervene on the spot. She asked to speak.
Addressing her colleagues in an upbeat, partly defiant tone, she made her vow to return.
After making her remarks, she faced the speaker and concluded: "With your approval, I will dismiss myself right now."
Said Wilder: "I approve. Bless you."
Outside, Ford faced a throng of media cameras and reporters. She said she believes the election contest will make "people realize just how important their one vote is. I think that's the whole purpose of the Lord using me in this situation."
She thanked her supporters, and agreed with Cohen's view.
She said she might return to the Senate chamber this morning, to sit in the rear where staffers sit, "because I can't let my constituents down. We don't really recess until tomorrow."
Staff reporter Michael Erskine contributed to this story.
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How West Tennessee senators voted:
For voiding the election:
Sens. Roy Herron, D-Dresden, Doug Jackson, D-Dickson, Jim Kyle, D-Memphis, Don McLeary, R-Humboldt, Mark Norris, R-Collierville, Curtis Person, R-Memphis.
Against voiding the election:
Sens. Kathryn Bowers, D-Memphis, Steve Cohen, D-Memphis, Ophelia Ford, D-Memphis.
Not voting:
Speaker John Wilder, D-Somerville.
To the Speaker of the House (sic), all the members of the Senate, I would be remiss if I didn't get up to say something here. First I want to say what an honor and privilege it has been for me to serve here in the 104th General Assembly. I just thank and praise God that He chose me to do this. It's no coincidence that this has happened today and I'm not surprised about it, though we will be back in court tomorrow and you might see me as early as next week.Let the fun begin!!!But I will definitely be back here come January. It's been difficult for me to receive my Republican colleagues to be so very hard and not really be fair in the process -- and then my Democratic colleagues that went along with it too. I just had to say that today. But you have to do things in a fair manner and everyone in that election should have been contacted instead of some that got pulled off a computer.
But anyway I praise the Lord that He's given me this opportunity and I definitely have enjoyed it, but I never started to have fun because there were always so many problems going on with me. I want to thank the clerk of the House (sic) and all the staff and my staff and everyone who has been helpful to me in learning the Senate.
And I just want to say thank God for giving me such a wonderful opportunity and I wanted each and every one of you to know that -- that I will be back.
With your approval, I will dismiss myself right now.
Seante?
Attention Dead Democrat Voters!!
You can finally come out of the shadows and be recognized!!!
One of the Ford crime family down but how many more to go?
TN has more Fords than a dealership.
It's a mess. (And in the US Senate race, it's Junior, Ed somebody from E. TN, Van Hilleary, and Ed Bryant. It should be interesting...)
We be burnin' not concernin' what anybody have to say...
we be burnin' not concernin what nobody wanna say...
sippin' Hennessey we be bubblin' ya'll
Isn't that plagarism, using Arnie's phrase, "I'll be back"? :)
Challenging this in Federal Court is abusurd. Afterall, the state legislature is usually vested with the sole power to determine the validity of the election of its own members, though I do recognize the fact that there are judges who would try to usurp that authority.
The Ford's and their cronies are trying to make it a civil rights case.
"ya'll"
grate...grate...grate
....it's y'all, not ya'll
Contraction of you all. Y'all.
Sheesh, no wonder she's fighting for this job - beats working. $83K per year in Tenn is a lot of good livin'.
That would be Bob Corker (former mayor of Chattanooga), Ed Bryant and Van Hilleary.
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