Kurita Pleads Case Before Federal Judge
State Sen. Rosalind Kurita's lawyer urged a federal judge today to put her name back on the Nov. 4 ballot as the Democratic nominee. After a three-hour hearing, Judge Robert Echols said he'd rule early next week.
Attorney James Bopp criticized Democrats for claiming "carte blanche authority" to choose nominees any way party bosses see fit. He said the party executive committee violated Kurita's constitutional rights by tossing out her 19-vote primary victory over Tim Barnes.
"They want to claim now that votes in a primary mean nothing," Bopp said. "Instead of all votes counting, none of the votes count. Elections are about fulfilling the will of the people. The will of the people is that Senator Kurita be the nominee of the Democratic Party. She had the fruits of her victory, and they have been ripped away from her."
But state law leaves it up to political parties to decide their nominees, according to the lawyers for the other side. They said Democrats could have flipped a coin to pick their nominee if that's what they wanted to do.
"There were no smoke-filled rooms, sir, no backroom deals. This was an open process," said Brant Phillips, the party's lawyer. In fact, he argued, the judge would violate the party’s First Amendment rights by ruling in Kurita's favor. Democrats are exercising their right not to associate with her, he said.
Echols didn't reveal which way he's leaning during his questioning of the lawyers. But the betting here by all the legal experts at Pith is that he'll dismiss Kurita's lawsuit, finding this to be a political question, not one for courts to decide.
At least Kurita will have gained a little more publicity for her write-in campaign. The Nashville media were out in force to cover today's hearing
Comments
One can only hope that she wins her suit. There has never been any allegation that a single vote was cast illegally in that election -- no dead people, no fraud, no one from outside the district, no one unregistered, no illegal aliens. No one. Not one single voter alleged to have cast a ballot illegally. But, to the shame of my party, the Democratic Party, this election was stolen from Kurita.
If the Democrats wanted to allege that she is not a Democrat, they had the opportunity to do that after the qualifying date. (The Repubs did that with some racist jerk who qualified to run against Tanner a few years ago; they kept him off the ballot as a Republican.) They didn't.
If the Democrats wanted to allege that Republicans were voting in their primary, but shouldn't, state law permits a challenge at the polls. They didn't. Not once.
If the Democrats wanted to allege that there were voted illegally cast, they had every opportunity to do so. They didn't.
The best they can do is suggest that when Kurits went inside to pee, the very sight of her scurrying of to the ladies' room persuaded more than 19 voters to switch from Barns to Kurita. What a crock.
Instead, the Democratic Party agreed to allow the State of Tennessee to determine their nominee through a primary election. They agreed to allow the State of Tennessee to conduct this election according to state law, to certify the results and to declare a winner. Once the candidates were qualified for the ballot and once the party agreed to let the taxpayers foot the bill and assume the responsibility of determining the nominee, they lost the right to nullify the results just because they liked the loser better. In other words, the party's right to say this is their own business ended when they agreed to the primary election process.
This shameful, disgusting, disgraceful stealing of election may very well not be ratified by the court. I think there is ample reason for the court to declare her the legitimate winner.
Even if she loses, my Democratic friends, and even if Tim Barnes winds up getting "elected," enjoy it while you can. There is not one chance in a million that the Republican controlled State Senate will allow him to be seated.
Posted 10/10/2008 at 10:23:26 PM