| Cashon represented in federal lawsuit |
By: Sabrina Bates, News Editor
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Posted: Thursday, July 9, 2009 1:23 pm
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Seven Republican Party appointed administrators of elections across the state have been targeted in a federal lawsuit filed by Nashville law firm Blackburn and McCune Wednesday afternoon.
According to law firm associate John Ray Clemmons, Diane Cashon is one of the clients represented in the case.
“These people were fired for no other reason than their perceived political party affiliation. According to the Tennessee Constitution, there are no political or religious tests for this position,” Clemmons said in a phone conversation Wednesday.
Cashon was ousted from her position as Weakley County Administrator of Elections after 29 years when the majority in the General Assembly shifted from Democrat to Republican. She was replaced by Barbara Castleman.
In April, state Attorney General Bob Cooper issued an opinion that politically motivated firings could be found unconstitutional.
“In light of all the relevant authority, a court could find that the dismissal of a county administrator of elections solely on the basis of political party affiliation constitutes a violation of that individual’s First and Fourteenth Amendment rights under the United States Constitution,” the opinion reads.
Across the state, more than 30 counties have replaced Democrat-appointed election administrators with Republican appointees.
Of those, five ousted election administrators have filed suit seeking reinstatement, back pay and damages.
Clemmons says his law firm now represents an additional seven former election administrators and one current administrator.
Clemmons said when a person who has experience, expertise and knowledge of state laws is eliminated from their position based on political motivation, that action eliminates the idea of the democratic process of fair elections.
“It is an office and there is no applied political tests to that position. They are responsible for facilitating and carrying out actions for fair elections without having a political interest,” Clemmons added.
He said their removal from their positions is a violation of First and Fourteenth Amendment rights as well as Civil Rights creating a “conspiracy to deprive” them of their rights.
Many of the plaintiffs in the suit are seeking punitive and compensatory damages including back and front pay, according to Clemmons.
Some have requested reinstatement to the position.
In Rutherford County, the current administrator of elections has sought an injunction order to keep the position.
Republican Party appointees in Cannon, DeKalb, Henry, Loudon, Putnam, Rhea and Weakley counties are targeted in the federal suit filed in U.S. District Court.
According to a recent state attorney general’s office opinion, county governments are responsible for paying any resulting legal expenses incurred with the lawsuits.
“... The county has the obligation to pay for the fees and expenses associated with legal representation of a county election commission in such a lawsuit,” AG opinion 124 notes.
Clemmons said the firm hopes to begin the discovery process in the case soon.
The plaintiffs are not requesting a jury trial.
Once the case is filed, a federal court judge will be assigned to hear the case.
WCP 7.09.09 |
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