Withdrawal sparks local House race

By JOHN BRANNON
Messenger Staff Reporter
Like the literary figure who abruptly awoke after a 20-year sleep, the local race for state representative suddenly stirs to life.
Its awakening has drawn public attention and triggered intense discussion. It has become the talk of the town.
What was a laid-back lackluster political race evolved overnight to become energetic and lively. Having quickly captured the top spot in matters of public interest, the campaign may prove to be long, but it won’t be dull.
In this renewed political battle, there are new faces on the firing line and some heavy artillery manned by suspicious minds.
Pinion quits
It all began Wednesday with an unexpected announcement by Democratic state Rep. Phillip Pinion of Union City. In an emotional and poignant formal statement, he told the people and the press that he would not be a candidate for reelection in the upcoming Democratic primary election. He also said he will retire from elected public office for good when his current term expires on Nov. 4.
This, from a man first elected in 1988 to represent the people of House District 77 in the Tennessee House of Representatives. House District 77 is made up of Obion and Lake counties and a portion of Dyer County.
This, from a man who was assumed to be a shoo-in for reelection come November.
This, from a man who filed qualifying papers on April 3 to run for reelection, only to withdraw his candidacy on April 9.
His constituents were stunned.
Why?
In the aftermath of Pinion’s sonic-boom decision, this question crafted of few words is heard time and again: Why did he do it?
He explains he was 35 when first elected, and that now, 20 years and a lot of mileage later, he is 55 and burned out. He figures he has 10 more working years left in him and that if he is to take his life in a new direction, he must make a move now.
Pinion said Sunday it was a hard thing for him to do but it was the right thing for him to do. “I told (House Speaker) Jimmy Naifeh and Governor Phil Bredesen that on Tuesday,” he said. “Personally, I feel a 100-pound weight has been lifted off my shoulders. A lot of people came to my (Troy) office Friday to talk to me about it. I told them it’s a burden I just don’t want to carry any more. I carried the burden for everybody who came to me. I tried to help everybody. That’s why I got such a large vote the last time I ran. Eighteen years in the legislature and you get the biggest vote ever, plus I’ve held the office longer than anyone else in (its) history.
“I’m very humbled.”
Naifeh speaks
In his 20 years in the state legislature, Pinion seems to have followed the Biblical dictum to grow in wisdom and stature and in favor of God and man. A combination politician and preacher — he still preaches part-time — he worked to justify and sustain the trust of his constituents. He also cultivated the confidence of behind-the-scenes political powers.
“I’m going to miss Representative Pinion tremendously. He’s not only an outstanding legislator, he’s a dear friend of mine,” said House Speaker Jimmy Naifeh, a Democrat.
“He has been someone I counted on to do things and be there. He’s watched my back for me. His leaving is going to be a tremendous loss for me.”
Naifeh said he appointed Pinion chairman of the powerful House Transportation Committee in 2002, and he’s glad he did.
“I could not ask for any chairman to do as good a job as he has done. He will be sorely missed,” Naifeh said.
And Pinion has no underlying motive for leaving, Naifeh added. “He just got tired. A lot of us get tired,” he said.
That includes the frequent trips to Nashville. “For me, it’s about 185 miles. On top of that, our constituents expect more from us. Yet we are still a part-time legislature with part-time pay. We earn $18,000 a year plus $1,000 a month for a home office allowance. It’s below the poverty level.
“Also, our is a changing legislature. Every election, it changes so much more. I think Phillip feels he’s at the peak of his time and this is a good time for him to get out. He feels we can elect someone who can represent District 77 very well.”
New faces
Pinion’s bombshell decision opened a door that had been closed at noon April 3, the deadline for candidates to file qualifying papers.
His formal withdrawal, as provided by state law, reopens the qualifying period for seven days. In this instance, new candidates have until noon Thursday to file qualifying papers.
As of the April 3 deadline, Pinion had only two opponents for the Democratic nomination — Obion County commissioner Jerry Grady and Tiptonville physician Dr. Ross Dubrule. Both are newcomers.
Also, there was no announced Republican opponent.
“There are several people who would like to have run but wouldn’t as long as I was in the race,” Pinion said. “They wouldn’t run against me. Now we’re going to have a good choice of real candidates.”
Two of the new faces on the campaign trail are familiar figures, perhaps even household names. Attorney Judy Barker of Union City has filed as a Democratic candidate. Obion County Republican Party chairman Ryan Ellegood said former football coach Randy Barnes of Union City will announce “sometime this week” his candidacy for the Republican nomination.
“He has picked up his petition but he hasn’t filed qualifying papers,” Ellegood told The Messenger Friday.
Skullduggery suspected
Friday, a coterie of nonbelievers filed a formal protest and complaint with the Obion County Election Commission and the State Coordinator of Elections at Nashville about Pinion’s withdrawal.
In a formal letter signed by Obion County commissioner Donnie Braswell of South Fulton and Reelfoot Lake activist Al Hamilton of Samburg, it is asserted that Pinion’s withdrawal from the race “does not meet the requirements as outlined in (state law) for the qualifying period.”
The state law referred to is the “Anti-Skullduggery” Act passed in 1991.
“We request a Tennessee Attorney General Opinion on this protest/complaint letter [sic] and/or any other Tennessee case law to be cited in your response to this letter,” the letter states.
A petition bearing 21 signatures was attached to the letter.
Brooke Thompson, coordinator for elections in the Office of Tennessee Secretary of State, said the law in question could not be more clear about an incumbent withdrawing during the withdrawal period.
“That’s exactly what Rep. Pinion has done,” he said. “I’m astounded that anyone would say otherwise. … He’s done nothing wrong. He was a candidate for election to this office, and he, like any other candidate during the week-long period between the third and the 10th, could withdraw his petition. He did that.
“Now, because he’s an incumbent, that (law) kicks in and opens the qualifying period back up for seven days. It’s as clear as it can be.”
Opposing views
Braswell, who serves as campaign secretary for Obion County commissioner Jerry Grady, said Sunday the only thing they want to know is whether the anti-skullduggery law is viable.
“If it is, so be it. We’ll go on with life,” he said. “We just want an opinion. This law has been pretty well kept quiet. Nobody knew about it. The way we read it was, no other candidates can apply. But we’re not lawyers, so we’re asking them to look at it. It may be perfectly legal. If it is, we’ll continue on. We’re still campaigning.”
Grady said he had nothing to do with it. “Braswell and some others are getting it up,” he said. “He called me and asked what I thought about it.”
But it is an example, he adds, of why he’s a candidate.
“It is time for a change. The legislature — national, state, and local — a lot of times passes bills for their own benefit,” he said. “The public is unaware of any of it until they pull it out of a hat and say, ‘This applies.’
“This law was passed in 1991. It’s never been used. Nobody knew nothing about it, that we could find out. Yeah, I’d say there’s some skullduggery going on.”
Pinion’s reply
Pinion asserts he’s done nothing underhanded. If anything, he’s acted above board.
“I knew about that law and I followed the letter of the law,” he said. “When I decided I didn’t want to run, I withdrew my petition, which by law opened up the qualifying period for another seven days. This way, people have seven more days to file their qualifying papers. There will be a primary election in which the Democrats pick their candidate, and I will support who(m)ever the Democrats pick.”
Skullduggery, he added, is when your get your man or woman to qualify, and you as the incumbent stay in until the last minute and withdraw.
“That means your man or woman gets in. That’s why the law got named that,” he said.
Published in The Messenger 4.14.08