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.
Now, I don't necessarily think $83K is an awful lot for a state Rep (its all relative to cost of living), it's just how Tenn, IMO, scams the people with the lowly $16,500 per year salary. Heck be up front about and say we deserve $80,000 a year as we work hard, and be done with it.
You got me on the ya'll.
As to our dead voters here in IL - the DOJ is starting to look into that and are finally arresting said dead voters and putting them on trial and in prison. Naturally I mean the corrupt politicians. Our ex-gov, 'Lyin' George Ryan (RINO) was just convicted on 22 counts and will be going away for a loooooooooong time. Given his age it will be a life sentence :-)
(I've always hated his rotten, corrupt, guts)
And 'Da Mare' of Chicago, Richie Daley is shaking in his boots. There's more Feds roaming City Hall now than patronage workers. He'll be going down in the near future - someone will sing to avoid a long stretch in the pen.
I never realized that God chose people to commit voter fraud.....
The nice thing about the financial package is that "allowances" are typically not taxed as income. So, if that applies in this case, the vast majority of the money in her compensation package would be tax free.
"Contraction of you all. Y'all."
How about you'un's?
For those who insist upon seeing the dark center of the silver lined cloud: PLEASE stop saying we are NOT making progress in the war on voter fraud, just stop it please!
She looks like she came out of a casket at one of the Ford family funeral homes. Some of those that voted for her wheeled through those doors themselves.
One of the out-going (man, I love saying that) county commisioners, Walter Bailey, has intimated that the commision should place a black in that now vacated seat. What a crock. What ever happened to the "content of their character" bit? BTW, Bailey, along with fellow commisioners Cleo Kirk and Julian Bolton lost their bid for further service on the Shelby County commission. The Tennessee Supreme Court upheld the will of the people concerning term limits. Those three, along with others have been term limited out of their seats. Now if the City of Memphis can get rid of its mayor Willie Herenton by way of a recall, that would be like hitting the trifecta at Churchill downs on Derby Day.
"...race never enters the picture...."
With Bailey, that's the FIRST and ONLY thing that is to be considered. Tough luck to all the white Republicans. The thing that galls Ophelia and the Fords is that she (they) lost out to a white, male, Republican. That is not permitted in the Ford's universe.
I don't know where they say that, but the plural of y'all is y'all.
:D
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