Judge delays ruling on Memphis election
After spending Wednesday hearing testimony on a lawsuit aimed at keeping Republican senators from overturning Democrat Ophelia Ford’s 13-vote election victory, Judge Bernice Donald said she needed time to consider legal arguments and allowed herself until next Wednesday.
“It is better to be thorough than quick, I think … I’m going to give myself at least seven days,” Donald said.
Ford, who is not accused of wrongdoing, contends political opponents are trying to push her out of the Senate without due process of law and while violating the rights of voters in her predominantly black district.
The U.S. District court suit was filed by Ford and five other voters from Senate District 29.
Donald said she expects to issue a ruling early next week that could end the lawsuit or lead to another hearing.
Donald first must decide if she has the authority to rule on how the Senate is handling complaints that Ford’s election was marred by voting by convicted felons and nonresidents of her district.
If the judge accepts jurisdiction, she must then rule on a request by the state to dismiss the suit on grounds that the Senate, under Tennessee’s constitution, has the final say in investigating contested elections of its members.
If Donald rejects that petition, another hearing is likely.
Donald issued a temporary injunction last week to stop further action by the Senate after a preliminary vote to unseat Ford.
Sen. Ron Ramsey, the Senate’s Republican leader, said if the Senate is allowed to proceed he will continue pushing to have the election overturned.
“We think we’ve given beyond the benefit of the doubt to Miss Ford on this issue, and the votes are there to overturn the election,” Ramsey said.
Ramsey and 12 other senators attended the hearing before Donald and watched the proceedings from the courtroom jury box. Because of their absence, the Senate was shut down for the day.
Sen. Curtis Person, R-Memphis, said he does not expect senators to attend another hearing if one is necessary.
“The three of us who were subpoenaed today were not called (as witnesses), and the plaintiffs’ attorney made it clear we will not be called,” Person said.
State Attorney General Paul Summers, representing the senators, told the judge that the federal courts have no business telling the Senate how to conduct its business.
“We’re asking this court to let the Senate be the Senate,” Summers said.
Summers also argued that because the Senate has not cast a final vote on the election, the lawsuit is premature.
Ford’s lawyers agreed that the Senate has the authority to review the District 29 voting but argued that lawmakers still must follow state and federal election laws.
Election critics, the lawyers argued, are trying to disenfranchise voters without due process and in violation of federal laws protecting minority voters.
Ford took over the seat held by her brother John Ford until he was arrested on federal corruption charges last year. She received 4,333 votes, while Republican challenger Terry Roland had 4,320 in the Sept. 15 special election.
Roland and his supporters say as many as 150 improper votes may have been cast in the election.
State Election Coordinator Brook Thompson, meanwhile, has identified at least six votes that should not have counted.
If the election is overturned, it will be up to the Republican-controlled Shelby County Commission to appoint a successor until a regular election next fall. The commission chairman has said he will nominate Roland for the seat and expects a party line vote to accept him.