Politicos consider election 'what ifs' [Knox County Term Limits]

Knoxville News Sentinel ^ | 5/26/6 | SCOTT BARKER

[SmithL]

It's a scenario that Knox County politicos would rather not contemplate: Appeals drag out the term-limits lawsuit beyond the Aug. 3 general election.

The ifs follow like lemmings.

If the incumbent candidates subject to term limits win re-election; if the final court decision upholds the charter and its term-limits provision; and if the decision extends term limits to other officeholders, then the Knox County Commission - not the voters - would select the sheriff, trustee and nine commissioners.

"Whenever a countywide county office becomes vacant for any reason, the County Commission would appoint a replacement until a special election is held," Law Director Mike Moyers said.

Nine commission seats, the sheriff, trustee, county clerk and other offices could be affected, but Moyers cautioned against too much speculation too early.

"There are legal procedures in place to address any situation that may arise, but what happens will depend on what remedies the courts would prescribe in this case," Moyers said.

Countywide offices not affected by term limits are state offices like district attorney general and judgeships, Moyers said.

Whatever vacancies occur, he said, the charter gives County Commission clear authority to name replacements. Since 10 of the 19 commissioners are needed for a quorum, Moyers said, the panel would be able to act even if it loses nine members as a result of the ruling.

The party that holds a majority of the 10 remaining seats could pack commission and the other offices. Should the incumbents sweep, control would lie with the Republicans.

Knox County GOP Chairman Brian Hornback said he wouldn't be surprised if the court case drags out well beyond the election.

"I think it's as likely as any other scenario that's been thrown out there," he said.

Hornback said his job is to fill offices with Republicans and that he would do that no matter what happens in court.

"We're going to ensure we replace any (disqualified) commissioners with a Republican," Hornback said.

Knox County Democratic Party Chairman Jim Gray said his hands are tied until any vacancies actually exist.

"The whole thing is murky legal territory," he said.

There are three Democrats among the nine term-limited commissioners. Gray said commissioners should replace any Democrats removed from office with other Democrats.

"If they replace the three Democrats with three Republicans, I don't know if there's a legal case, but there's a moral one that would be fought out at the next election," Gray said.

The 2006 election season has been filled with more questions than answers since the Tennessee Supreme Court upheld term limits in Shelby County in March.

Like Shelby County, Knox County has a charter with term limits.

Unlike Shelby County, term limits in Knox County are supposed to apply to all county officeholders. The term-limits provision in Knox County, approved overwhelmingly by voters in 1994, has never been enforced.

Incumbents subject to term limits stayed on the ballot for the May 2 primary. Nine of 12 term-limited commissioners won their parties' nominations, as did other incumbent officeholders like Sheriff Tim Hutchison, Trustee Mike Lowe and County Clerk Mike Padgett.

Five term-limited commissioners filed a lawsuit in April seeking a ruling on whether the charter is valid. The Knox County Election Commission has asked the court to rule on whether term limits apply to other officeholders as well.

Those offices are county trustee; sheriff; register of deeds; school board members; Circuit, Civil Sessions and Juvenile courts clerk; Criminal and 4th Circuit courts clerk; and county clerk.

Knox County Chancellor John Weaver has agreed to speed up the proceedings and will hold a hearing on the lawsuit May 31.

[cva66snipe]

Quick somebody go dig up Cas. They need a knock down drag out fight LOL.