Incumbent Sen. Rosalind Kurita explains the write-in process to early voter Tom Altman

As I was campaigning for Senator Kurita to educate people about how to vote for a write-in candidate yesterday, it was clear to me that the Democratic party is wasting a lot of time, money, and energy of some of their very best people.  All those loyal Tim Barnes supporters (including many good friends of mine) and all those loyal Rosalind Kurita supporters (including myself) would probably be out campaigning for Barack Obama if this controversial Democrat AGAINST Democrat race had not been instigated by the leadership of the Tennessee Democratic Party.

I believe the PRIMARY job of the Tennessee Democratic Party Leadership is to win seats against REPUBLICANS, not their own party.  They are the ones that need to be scrutinized here.  Who exactly hatched the plot to run a Democrat against another sure-fire winning Democratic incumbent in Senate District 22?  I know about the Wilder vote; this has to run much deeper than that.

I’m working to elect Senator Kurita based on her voting record.  She’s endorsed by the Sierra Club and other green organizations. She’s rated the highest Tennessee senator for supporting green legislation by the TN Conservation Voters.  She was instrumental in passing the legislation to ban smoking in restaurants in the state and to increase the cigarette tax.  She supported verifiable elections in Tennessee.

I feel so disenfranchised by the Democratic Party action in throwing out the Kurita election that I don’t want to go to the Montgomery County Democratic headquarters.  I guess some Republicans are rightfully laughing at us all the way to the polls/bank.

Senator Rosalind Kurita

Democratic Party executive committee member Rickey Wallace has accused state Sen. Rosalind Kurita  of misusing thousands of dollars in political action monies,a charge which which Kurita reportedly acknowledged with the addendum that the errors had be corrected.

This information comes on the heels of the dismissal and subsequent appeal of incumbent Kurita’s lawsuit and in tandem with a write-in campaign for her Senate District 22 seat.

Kurita maintains she won the tri-county (Montgomery, Cheatham and Houston) primary race with a 19-vote margin, though the state Democratic Executive Committee overturned that election and place the decision on a Senate nominee in the hands of the counties’ executive committees. They in turn voted 61-4 for challenger Atty. Tim Barnes.

“Rosalind Kurita has committed and is likely continuing to commit numerous serious breaches of Tennessee campaign finance law,” Montgomery County Democratic Party executive committee member Rickey Wallace wrote in his complaint to the state Registry of Election Finance. Kurita, after responding to the charges of financial misuse, immediately rectified the alleged “discrepancy.”

“Of course, it is our desire to comply with all rules, and that is what we are doing. There was a discrepancy, we got the paperwork, we contacted election finance, and we have fixed it.” ~~ Rosalind Kurita

Kurita, in voting for Republican Senate speaker, Lt. Gov. Ron Ramsey, in early 200, created a rift within the party. In the wake of the Barnes nomination, Kurita has launched a strong write-in campaign that has gained Republican support; Kurita write-in materials are available at both her campaign headquarters and the nearby Republican Party headquarters as well.

Kurita filed a federal lawsuit to regain the nomination. The suit was dismissed; her appeal is pending.

Consultant Paid

Wallace’s complaint  accuses Kurita of using more than $25,000 from her Kurita Majority PAC for primary campaign purposes, including more than $7,000 paid to one of her attorneys. The PAC’s records show a payment of  $14,557 to a campaign consultant. Under state law, PACs can give no more than $7,500 per election to a campaign.

Tennessee Democratic Party Chairman Gray Sasser, in a press statement, said Kurita is “so power-hungry that she’s flagrantly violating Tennessee’s campaign finance law.”

Kurita  believes she can beat Barnes as a write-in candidate and said she expects negative campaigning for the balance of the ewlection period, discounting the negative “attack” ads against Barnes in the primary. Those adds were misleading in terms of Barnes legal practice.

Sen. Kurita explains the "write-in" process to Tom Altman on the 1st day of early voting

The 6th U.S. Circuit Court of Appeals today rejected Rosalind Kurita’s claim that the Democratic nomination for the state Senate is her own “Property” — “Property” that belongs to her. Instead, the high court vindicated Tim Barnes’ position that the state Senate seat is a public trust — a trust he “reveres and will honor — and will not take for granted.”

The Appeals Court is the second Federal Court in the last 10 days to reject Ms. Kurita’s claim.

Barnes called Ms. Kurita’s assertion that she owns a position on the ballot “an insult to voters and all constituents” in the 22nd District, which includes Cheatham, Houston and Montgomery counties.

In the primary race, Kurita held a 19 vote lead over challenger Barnes, but that narrow victory was challenged and overturned by the State Democratic Executive Committee. Subsequent voting by the Montgomery, Stewart and Houston County Democratic Executive Committees gave the Democratic ballot slot to Barnes in a 61-4 vote. Kurita has since launched a vigorous and highly visible write-in campaign to retain her Senate seat.

The lines to vote were as long as last weeks' lines to register; early voting is off to a heavy start!

The Obama/Biden McCain/Palin bout is the headliners, presidential tickets that read like a history-making vote for change with a man who could be the country’s first African American president or what some fear will be a Bush redux, same old same old, in the top slot and America’s first potential female in one of the top two federal slots.

Senator Kurita explains the write-in process to a voter

In Clarksville, it’s the Kurita-Barnes race that has the locals fired up. Senator Kurita spent the day with her political shirtsleeves rolled up, campaigning face to face with the first round of voters taking advantage of Tennessee’s early voting. Kurita, who is running a write in campaign, said today she will continue her hands-on campaigning through the November 4th election, as she works to retain her Senate seat. Although Kurita won the primary race by 19 votes, that part of the election was overturned; subsequent action and a 61-4 vote by tri-county Dems executive committees put Barnes on the ballot. A Kurita lawsuit in this matter was squelched, but Kurita, who was barefoot after eight hours of on-her-feet politicking, and her ardent supporters, aren’t giving up without one last battle, and it is being waged one voter at a time. Her opponent, Atty. Tim Barnes, had a cadre of campaign workers on the scene as well. His blue “Barnes” signs on the right, Kurita’s red signs on the right, as cars entered and left the plaza lot.

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"Write-In Kurita" stickers beside a John McCain figure at Montgomery County Republican Party headquarters

** National Rifle Association, a Key 2nd Amendment group, endorses Kurita in Write-In campaign

**Gray Sasser says the Dems “decided they were not going to let Lt. Gov. Ron Ramsey and his partisan allies hijack the Democratic Party’s primary process.”

Senator Rosalind Kurita recently annouced she would run a write-in campaign for the state Senate District 22 seat, launching a campaign from new headquarters at 1817 Madison Street.

Kurita won the primary race with a 19-vote edge over challenger Tim Barnes, who successfully challenged that election result and had the victory overturned by the state Democratic Executive Committee. The state body then ruled that the executive committees of the three counties (Montgomery, Stewart and Houston) that comprised Senate District 22 meet and vote on the two candidates. That vote, 61-4, gave Barnes a Democratic slot on the November ballot.

Gray Sasser, chairman of the Tennessee Democratic Party, in a statement released today, said:

After all the talk of mythical smoke-filled rooms, the time has come to clear the air. As readers of (this newspaper) already know, the Democratic State Executive Committee, after almost eight hours of testimony at an open meeting attended by the public and press, decided that the District 22 state Senate primary election between Sen. Rosalind Kurita and Tim Barnes was “incurably uncertain.

In citing the factors rendering Sen. Kurita’s razor-thin margin uncertain, Sasser cited:

• Sen. Kurita committed a Class C misdemeanor on primary-election day when she entered a polling place.
• Voters received erroneous or possibly misleading information from poll workers.
• More than 700 Republican voters flooded the Aug. 7 Democratic primary.
• At the behest of Republican leaders, no GOP candidate even bothered to run in a legislative district that any political pundit would consider competitive.

“In fact, the only backroom deal in this long, sordid saga was cut long before the Aug. 7 primary, when Sen. Kurita went back on her word to her Democratic colleagues and supported Republican Ron Ramsey for Senate speaker and lieutenant governor,” Sasser said. “Unfortunately, this process has become marked by accusations and, frankly, falsehoods. Sen. Kurita had the opportunity to present her case at an open meeting of the state executive committee, and according to rules that both sides agreed to before the proceedings.” Kurita was not present when the Montgomery, Houston and Stewart Councty execs met to vote on a candidate for the November ballot. The deliberations of the executive committee were held in the open, and several executive committee members disagreed with the eventual decision.

Sasser continued, “While I appreciate and acknowledge Sen. Kurita’s previous contributions to the Tennessee Democratic Party and our state, we were confronted with an extraordinary nominating situation that warranted a closer look and, ultimately, unprecedented action. In the end, Democrats took a stand. They decided they were not going to let Lt. Gov. Ron Ramsey and his partisan allies hijack the Democratic Party’s primary process. The 66 elected members of the state executive committee did the right thing, following the law passed in 1972 and signed into law by then-Gov. Winfield Dunn, a Republican, which authorizes both political parties to choose their nominees.”

Local Dems also took note of Kurita’s apparent leaning toward the Republican political view as cause for concern, with some pundits voicing the expectation that any future bids for political office will come on the Republican ticket, an possibility re-enforced by the appearance of Kurita Write-In materials at Montgomery County Republican Party Headquarters at 1820 Madison Street, a few doors down from the Kurita campaign office.

“In spite of what Lt. Gov. Ramsey and his supporters now claim in their fundraising efforts on behalf of Sen. Kurita’s write-in campaign, the Democratic State Executive Committee followed the law. While some (including members of our own party) may not agree with the decision, those claiming this difficult decision was reached behind closed doors simply did not take the time to come watch the proceedings.,” Sasser said.

Even as Sasser made his case for the procedures in the ongoing Kurita/Barnes battle, the NRA (National Rifle Association) spoke out with an endorsement for the incumbent Senator, who, in her last bid for this seat used a series of ads that included an image of her holding a rifle.

The National Rifle Association (NRA) has endorsed Senator Rosalind Kurita (D-Clarksville) in her write-in campaign for re-election to the 22nd district in the state Senate.  The group had endorsed Sen. Kurita during her primary victory and has now endorsed her for the general election in November.

“I am pleased at the continued support of the National Rifle Association and their membership. I fully support the constitutional right to bear arms.  It is important that elected officials fight for all constitutional rights, whether they be speech, voting rights or any other of the precious freedoms written into our founding documents.”

~~ Senator Rosalind Kurita

The Write-In effort for Kurita is in full swing both at her headquarters and at the neighboring Republican headquarters. To volunteer for Rosalind Kurita for State Senate, go to http://www.rosalindkurita.com/ or call 931-542-9912

Senator Rosalind Kurita

Recent reports from Democratic Party officials describing the vote at the Democratic Party Executive Committee Hearing that overturned the election of Rosalind Kurita in the Democratic primary vote have been rife with “spin,” omissions, and outright lies.  Party officials claim they voted to overturn the election because it was “Incurably Uncertain.”  This means, in their opinion, too many Republicans crossed party lines to vote for Senator Kurita.  They assert there was a grand Republican Party conspiracy to reelect Senator Kurita.  Presumably this was a secret conspiracy, which is convenient, since one can hardly be expected to produce actual evidence if it is “secret.”

What angers democratic voters such as myself, is not that Republicans would choose to vote for a Democrat, but that leaders of my own party would overturn an election on the basis of such flimsy evidence because they did not agree with the results.  However, if the public examines the record of the proceedings recorded by the court recorder at the hearing, they will see for themselves how weak and inconsistent the evidence for such a conclusion is.  Given how incredibly weak the evidence presented to justify overturning the election is, the only other rational conclusion is that the executive committee was not interested in the evidence and had other motives.  This is why I am pleased that Senator Kurita has chosen to sue the Democratic Party Executive Committee’s action as unconstitutional.  If the court agrees to hear the case, the Democratic Party Executive Committee’s evidence will have to meet the standards of a fair and impartial court, not one which clearly was not interested in the facts.

Almost all political analysts believe that the Democratic Party Executive Committee’s real motive for overturning the primary election result is revenge for Senator Kurita’s vote to elect Republican Ron Ramsey Lieutenant governor.  This conclusion was reinforced at the hearing by the fact that almost no discussion of the evidence and its merits, or lack thereof, occurred after the evidence was presented.  Instead, a motion was immediately made to send the decision to a convention of the District 22 party officials.  While this may have given the Executive Committee a little political cover, and the appearance of fairness, they well knew that most of the members of that small group were Barnes supporters that could be counted upon to name Barnes as the Democratic Candidate.  Perhaps this would not have angered me so much if it didn’t remind me so well of the 2000 presidential election.

However, the official mandate of the Democratic Party Executive Committee meeting was to evaluate evidence for election irregularities.  Had the Executive party fairly and objectively considered the evidence presented it could not have reasonable over turned the election.  I am confident the federal trial will reveal this to be the case.  If the motive was in fact revenge, as many democrat commentators in the letters to the editor have freely acknowledged, I would remind them that in a democracy, revenge is taken against elected officials by not reelecting them.  Senator Kurita was reelected in a free and fair election that was certified by the election commission.

Some of these commentators have accused Senator Kurita of not being a “true” Democrat.  Senator Kurita’s voting record clearly refutes this contention.  Senator Kurita has the highest environmental voting rating in the Senate from Tennessee Conservation Voters for the past two years and was awarded the conservation legislator of the year award this year.  Senator Kurita has the highest voting ratings on women’s issues and education issues.  These are core Democratic party policy issues and Senator Kurita’s voting record is rock solid on them.  If however, the issue is strict adherence to party position, regardless of the implications for her constituents in District 22, senator Kurita is willing to seek compromise solutions with Republicans.

Let’s examine the so-called evidence for the “Incurably uncertain” primary election.  First, even though Democratic Party officials claimed to know about this “secret” Republican conspiracy in advance, they took no action to prevent it from happening.  Under state election laws, the Barnes’ campaign was entitled to place election observers in the polling places to challenge any and all of the Republican conspirators they did not want to vote for Kurita, but they did not do so.  What evidence did they provide to support this conspiracy theory? The fact that one poll worker accidentally misspoke and told a prospective voter that Barnes was a Republican.  Contrary to the claims of David Luciano that Senator Kurita’s counsel “had ample opportunity to put on a defense, and yet offered not a single witness or affidavit to dispute the evidence offered by Barnes’s attorneys.”  The record clearly shows that every allegation of voters being misdirected or told to vote in the Republican primary was refuted in affidavits obtained in interviews with multiple election workers who were present at the polling places.  Attorneys for both candidates were present at these interviews.  One of the things that most disturbed me about the testimony presented by Mr. Barrett was his willingness to denigrate the integrity of our poll workers.  These poll workers are our friends and neighbors.  They are people who are providing their community a valued service.   Attorney Barrett portrayed them as members of some grand Republican conspiracy.

What about all of these voters that were misdirected by these conspiratorial poll workers?  Two ended up not voting for Barnes because they did not check the sample ballot posted at the polling place to see which party primary they must vote in to cast a vote for Barnes.  Poll workers testified they informed these voters to do this.  In fact, these voters testified they were Independent voters and did not want to declare party affiliation.  Another voter, a Mr. Nepolitano, claimed that did not want to declare a party affiliation because he was an Independent, but was able to vote in the Democratic Party once he finally acquiesced to the process that required him to declare Democratic Party affiliation to vote in the Democratic Party primary.  Another voter claimed she was unable to vote in the Democratic Party primary because the poll worker could not operate the voting machine properly, but voting records show she did vote in the Democratic Primary.  That was the extent of the voting irregularities.  At most 4 votes were at issue.  Three by self avowed Independents, i.e. non-Democrats, that had no more or less a right to vote in the Democratic Party primary than the alleged dreaded hordes of Republican conspirators, provided they were willing to claim Democratic Party affiliation to vote in the Democratic Party Primary.  Two of those voted in the Democratic primary and may very well have voted for Barnes (in any case, they had every opportunity to do so).   The other two could have voted for Barnes if they had only been willing to follow the voting procedures I am sure all of us would insist our poll workers enforce.    In other words, as far as the Democratic Executive Committee was concerned, it was perfectly alright for a non-Democrat to vote in the primary, as long as they were voting for Barnes!

Let’s summarize.  A prospective voter enters the poll, says he/she is not a Democrat and does not want to declare Democratic Party affiliation, but wants to vote for a Tim Barnes, a Democratic Party candidate.  When it is explained to him/her the rules require he/she claim Democratic Party affiliation to vote in the Democratic Party primary.  At this point, he/she relents (or insists on going ahead and voting in the Republican primary even though the candidate for whom he/she wishes to vote is not on that ballot), declares Democratic Party affiliation, and then votes in the Democratic Primary.  This is then put forward as evidence by Mr. Barrett of a grand Republican Conspiracy?  Who would not laugh at such “laughable evidence?”

Several people and reporters have commented on my behavior at the Executive Committee Hearing.  First, I would like to apologize for getting angry.  I do want to clarify some of the descriptions of my behavior.  First, while I do support Senator Kurita, I was not, as reported, an angry Kurita supporter; I was an angry Democrat.  I believe this action by Democratic Party officials is unfair, unwarranted, and bad for the party.  I also feel it disenfranchises me.  Second, I want to correct David Luciano’s account of my behavior.  He accurately recounted that when one of the few Democratic Executive Committee members pointed out they had been instructed to vote based on the evidence and facts, not on retribution and revenge, I said “here! here!”  I did not shout that.  Then I was challenged by party officials and told I had no right to voice my opinion of the proceedings.  That is when I started to get angry and responded  ”but, I am a voter!“  It was clear that the party officials were very concerned that an insurgency might erupt and began hurrying toward me telling me to leave. That is when I went on to shout as I was voluntarily leaving “the Executive Committee should do its job and vote on the basis of the facts and the evidence, not vengeance.”  I did not need to be escorted out, but I am certain that I would have been escorted out had I stayed any longer.  At that point I retired to the restaurant and drank a cold Budweiser to wash down all the bull I had witnessed that day.

About the Author: Dr. Joe Schiller is an Associate Professor of Biology at APSU and a lifelong Democrat.

District 22 candidate Atty. Tim Barnes (L) and Senate candidate Bob Tuke

Governor Phil Bredesen, Senators Thelma Harper and Beverly Marrero, Senate candidate Bob Tuke and a who’s who of state and local legislators gathered in Nashville Monday to endorse Senate District 22 candidate Tim Barnes in his election bid. Barnes will be opposed by write-in candidate and incumbent, Senator Rosalind Kurita.

Barnes lost the primary by 19 votes but that election race was voided after a hearing on election law violations by the State Democratic Executive Committee, which then ruled that the decision between both candidates would be placed in the hands of the Houston, Stewart and Montgomery County Democratic executive committees, which chose Barnes 61-4.

The late afternoon gathering included a number of endorsement speeches and a re-iteration of the platform Barnes supports, a platform he pledges will reflect “what the people of my district want. I work for them.”

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Tim Barnes with his wife, Linda, and their children (from left), Patrick, Fergus and Molly family at a Sept. 19 press conference

Barnes, whose candidacy seemingly ended with his primary election 19-vote loss to incumbent Senator Rosalind Kurita, challenged that vote, citing alleged improprieties in the election process; the Tennessee Democratic Executive Committee subsequently overturned that primary  election race and turned the Kurita/Barnes race over to the executive committees in the three District 22 counties: Montgomery, Houston and Cheatham.

On Friday, September 19, Barnes briefly reviewed the process that led to his reclaiming the Democratic nod, and said that the healing of the party rift had begun. In his statement, Barnes pledged to develop a “cooperative” spirit with other legislators, to work at attracting quality high paying jobs to the area, to work at expanding health care options for the people of Tennessee, and to work at managing the state budget with an intent to keep taxes low while “providing necessary services.”

“It is time to turn our attention to the needs of the people,” Barnes said. “I am not here to work for me, I am here to work for the people of Clarksville and all of District 22. The issue now is ‘What can I do for the people of the 22nd Distict?’”

Surrounded by his family, Barnes outlined several priorities he would pursue if elected:

• Price gouging related to gas prices. Barnes said the current laws which impose a $1,000 fine for price gouging “is an insufficient deterrent” to that practice. He advocates not just raising the fines to a more financially painful level but changing the crime from a Class B to a Class A misdemeanor, with a much heavier overall penalty.
• The HOPE Scholarship. Barnes would re-activate discussion of the HOPE scholarship with the intent of dropping the qualifying grade to a 2.75, a move that would open the opportunity of a college  education to more students. He cited the need for an educated workforce, and the desire of more families to afford a college education. The 2.75 would reflect a high school student’s cumulative four-year average and would the grade standard  for retention of that scholarship through each of the four years of undergraduate study. Currently the qualifying grade is a 3.0.
• Pro-life or Pro-choice. Barnes was candid about the fact that his law practice is heavily vested in adoption and family law, and admitted that particularly “some forms of abortion” (i.e. partial birth abortion) is something he does not personally favor. Personally, “I recognize that it is the woman’s right to choose.”  The  Supreme Court ruled that this decision rests solely with the woman, and “I respect that right.” He personally falls on the side of life, but said candidly that this issue of choice is not one to be made at the state level by state legislators. Barnes cited the Supreme Court as the arbiter and said that “choice” was the law of the land, and that law had to be respected. He indicated he would like to work for feasible alternatives to abortion, not the least of which is adoption, but added that “choice” is the law and the right of each individual woman.
• A Living Wage. Barnes voiced deep concern for the average family’s economic survival, stating that he wants the Tennessee wage scale tied to the federal minimum wage and a “living wage” that would offer more than a subsistence level of living for families. It’s a move that would benefit many, including single parent families, Barnes said.
• Paid Sick Leave that would allow an individual to not be penalized when providing care for a sick child, spouse or parent. “Tennessee lags behind the nation” in that area; the lack of this type of benefit negatively impacts employee morale.

As he wrapped up his statement on Friday, Barnes noted that the Senate District 22 seat “belongs to the people.”

Some long-time Democrats become “Incurably Uncertain” about remaining in their own party after Kurita’s election win was discredited on September 13. The eight hour session which seemed to most observers to be a sure win for Kurita ended with a 33-11 vote to null and void Kurita’s Senate election win.

When this decision was announced, APSU Associate Professor of Biology, Dr. Joe Schiller, told the officials in the room that “they had been instructed to vote based on the evidence and facts, not on retribution and revenge”. He was asked to leave the room. Feeling disenfranchised, he told me that the whole event was a miscarriage of justice and he is seriously reconsidering his party affiliation. “If it is a Republican conspiracy when Republicans vote for Democrats, that’s a conspiracy I’d like to have.”

“There was no proof. It was a Scopes monkey trial. It was embarrassing”, said Beth Robinson, a Clarksville computer systems analyst and member of The Climate Project. “This reminds me of the Supreme Court ignoring the voting public and handing Bush the White House despite the fact that Gore received more votes.” Beth said she’d like Senator Kurita to explore a write-in campaign and possibly run as an Independent.

Standing room only as the Tennessee Democratic Executive Committee hears evidence in the Kurita/Barnes primary election case

R. Neal wrote his view on the case in the Tenn Views web site. He includes a link to Kurita’s attorney’s response to the Barnes challenge, which you can read here or at http://www.tennviews.com/files/kuritachallengeresponse.pdf Neal writes that Barnes filed a challenge, citing a litany of alleged irregularities. Kurita filed a response refuting them point by point. Read the rest of Neal’s article at http://www.tennviews.com/node/3882.

Retired attorney, Alma Sanford was in shock and declared publicly that she is leaving the party and will vote for McCain. In a later interview, she admitted that she would never vote for McCain, but she will also not vote Democratic. For the people who know Sanford and her 49 years of dedication to the Democratic Party, this is indeed a sorry blow.

Alma Sanford with Attorney Robert Rochelle

Democrats scurry to discredit Alma Sanford, who is a Tennessee native.  She won a Humanitarian Award in 1994 for her efforts in defending the elderly from evictions from their homes. Sanford did extensive volunteer work on the Gore and Kerry campaigns, raising thousands of dollars for Kerry. Starting in 2004, she co-founded the Tennessee group, Gathering to Save our Democracy, and she lobbied two or three days a week for four years seeking improvements or alternatives to Tennessee voting machines, from which votes cast are  not verifiable. (Ed: In January, 2010, Tennessee will launch a verifiable voting system.)

Here is Alma Sanford’s letter to Clarksville Online:

“As I sat beside my friend who is also a retired attorney, at the eight hour long hearing of the Tennessee Democratic Party on Saturday, I kept remembering the years I practiced law in front of Judges in a real court setting.  My friend agreed with me after a couple of hours of testimony from witnesses called by Tim Barnes, the complainant, that any judge before whom we had ever appeared would have thrown out the case.  The so-called “evidence” was based on thinly disguised vengeance and the anguish of a ’sore loser.’

The Executive Committee

“We wish we could have heard the Executive Committee members discuss the evidence – or the lack of evidence.  Only three members ever spoke to the ‘heart of the case,’ i.e., discussed the evidence.  One member stated emphatically that he was concerned about setting a bad precedent by throwing out an election because Republicans had voted in the Democratic Primary, when Tennessee is a state that allows open primaries.  He stated that if the election of the voters of District 22 was set aside, that at the next meeting of the Executive Committee, the members should determine how many Republicans will be allowed to vote in a Democratic Primary before the threshold is reached.

“Instead of a decision based on evidence and facts (as Sen. Kurita’s attorney was able to get Tim Barnes to say he wanted), one member after the hearing told me, “The decision would have been the same had the vote been taken at 9:00 a.m. (when the hearing began).”  She said the members had made up their minds because they were still so angry about Senator Kurita voting to unseat Sen. John Wilder as the speaker of the Tennessee Senate.

“Where was the anger of the members of the Tennessee Democratic Executive Committee when, in 2004, so many elections for State Senate candidates were lost that the Senate no longer was in Democratic control?  Did any one of them ever express anger at the Chair of the Party?  Did one member express anger at the Chair of the Coordinated Campaign who was charged with the duty to elect all Democrats?  Did any one express anger at the Senate Democratic Caucus Leader because he failed in his job.

Left front: Attorney George E. Barrett and Tim Barnes, second from right

“To date, I have never heard any member of the TNDP or anyone else for that matter, find fault with any of the MEN who held the aforementioned positions.  No one ever challenged Sen. John Wilder when he regularly appointed Republicans as Chairs of Senate committees, passing over Senator Kurita (and other Democrats) as she continued to rise in seniority with the numbers of years she served in the Tennessee Senate.

“I talked with Senator Kurita on Thursday, September 11th, and she had just read my e-mail asking people to come to yesterday’s hearing to support her.  In that e-mail, I had stated that Tim Barnes’ campaign manager told me that Tim Barnes is anti-choice.  Senator Kurita said, “Well he managed to keep that a secret because no one ever asked and he never did state his position on ‘choice’ during the campaign.”  She stated emphatically that she had no idea Tim Barnes was anti-choice.

“I noticed in Sen. Kurita’s statement at the hearing yesterday, she stated clearly, “I am a pro-choice Democrat.”

“The reason I have been so adamant in my support of Senator Kurita is because of a certain hearing before the Tennessee Senate in 2006.  There was a bill (SJR 127) before the Senate that would have sent to the voters a constitutional amendment banning all abortions in Tennessee, even to save the life of the mother.  Senator Kurita made a very impassioned speech, as a Registered Nurse, about how important it is to have that personal decision made by the Mother and her Doctor without interference of any governmental agency.

“As a pro-choice voter, if I lived in District 22, I would much rather have Senator Kurita represent me than Tim Barnes.  However, the Tennessee Democratic Party has probably made sure that will never happen again.

“What a sad day for all who have spent years and many dollars defending democratic principles and who thought that the Democratic Party agreed with those principles.  It appears we were wrong.”

~~ Alma Sanford, J.D. , Antioch, TN

A packed house for the Kurita/Barnes hearing on Setember 13

Other Kurita supporters who came to the session:

Penny Brooks of Ashland City, State Chapter Co-Legislature Chair and Co-Political Chair of the Sierra Club, said that she came in support of Kurita because of Kurita’s outstanding environmental record, especially on energy. Brooks supported Kurita’s election win because she does not believe there were deliberate illegal tactics to determine the election in her favor.

Cynthia Bennett, National Board Member, of Tennessee National Organization of Women (NOW) in Nashville, said that Kurita has been a strong supporter of women’s rights in Tennessee. Bennett came to this panel hearing to show the support of the women of Tennessee for someone who has actually stood in the well of the Tennessee Senate and spoke eloquently against changing Tennessee’s constitution, which was an action to take reproductive rights away from Tennessee women. “Kurita stood strongly for us and we stand strongly for her.”

Shane Ray, Fire chief of the Pleasantview Volunteer Fire Department, came in uniform. He said “She’s hard working and dedicated; a good woman who is open and willing to listen, even when we disagree. She’s honest.”

Kathy Parker of Clarksville said that Kurita stands up for State employee’s raises.

David Borden Kircher of Nashville said Kurita won the majority of votes and to take victory away from her would be unfair.

Russell A. Cain of Clarksville came to support Senator Kurita and his vote. Issues raised are alarming and tend to indicate serious political and ethics concerns, he said.

Holly Quick and Floyd Poston, from Nashville, said they came in support of Kurita’s win and said the election was certified by the state. In addition, they are both staunch supporters of women’s rights including the right to a safe and legal abortion. They feel strongly about  election integrity. Holly was an early and strong supporter of verifiable paper ballots for all Tennessee voters. She is the secretary of Gathering to Save our Democracy.

Also appearing in support of Kurita:

• Marietta Shipley, Attorney at Law, former Judge in Nashville
• Margaret Behm, Attorney at Law, Nashville
• Toby Abrams, Tennessee State President N.O.W.
• Martha Wettemann, employee of TN Dept. of Labor and Pres. of Davidson County Chapter of TN State Employees’ Assn.; Treasurer of Cheatham County Democratic Party
• Dr. James Powers
• Roger Schecter, retired attorney
• Jean Sanford McGee
• Deborah Narrigan, Nurse – Chair of Gathering To Save Our Democracy, Legislative Committee
• Matthew Taylor, Cheatham, Student & worker in Rosalind’s campaign, and his mother County
• Linda Swindle and Penny Brooks from Cheatham County
• Holly Spann, Active in Nashville Women’s Political Caucus and & Davidson Democratic Women County
• Mary Parker, Attorney at Law

I was only able to find and interview a few Barnes supporters at this session:

• Mark Olson of Clarksville came supporting Barnes because Rosalind, in his opinion, is a Republican. She voted for a republican for the senate speaker post.
• Mike Williamson of Clarksville came supporting Barnes because Rosalind’s attitude toward the legal profession and the rights of the accused during the election offended him.
• Tommy Vallejos from Clarksville came in support of Barnes saying it is time for change and that  Kurita sold out the people who voted her in.

My observations: During the session we heard about “potty-gate”: Kurita crossed the line at a polling place to use the bathroom. Witnesses saw her go into the school building where the gym held the polling booths. Kurita admits this occurred, but said she saw and talked to no one and did not enter the voting area. Barnes’ attorney said policy says this could be taken as trying to harass or intimidate voters. Kurita’s attorney produced the policy, which did not use those words.  It said that entering the poll could be trying to improperly influence the voters. Barnes produced no one who saw Kurita inside the building.

We heard testimony from a man who didn’t get to vote for Barnes. Part of his story was that when he went to vote he did not want to choose either the Democrat or Republican Party for voting purposes. Later we heard testimony from the poll workers about the man which gave us a different view entirely. Anyone who has voted in a primary knows you are required to declare your party affiliation.

A big part of the accusation was that the Republicans had deliberately set out to upset the election and its results. We heard testimony from APSU student Democrat leader, Adam Haynes, who said he went to the Republican headquarters where a woman suggested that Republicans should try to upset the Democrat election. Adam had no names and defense declared it hearsay. When questioned Adam admitted his golf club was used in a video on Facebook and YouTube showing a man beating an image of Kurita with a golf club. On YouTube it was titled “A young Democrat takes out his frustrations on Senator Kurita.” The video had been removed from the site soon after it was posted.

Senator Kurita, with her husband, George (l), speak with a constituent at the recent opening of Democratic Headquarters

One of the most serious charges made was by a woman who voted at the fairgrounds polling place. She testified that the poll worker told the man in front of her that Barnes was a Republican. Then she testified that another poll worker told her that “they are saying that to everyone” (that Barnes is Republican). Defense produced written testimony of a second poll worker who corrected the first poll worker’s mistake immediately. The woman in line corrected the first poll worker immediately. The Poll worker who was supposed to say, “They are saying that to everyone”, testified that she did not say, under any circumstance, that statement.

Also provided were written testimonies about an annoying phone call to someone telling them Barnes is Republican, and an annoying prank phone call at an early hour saying only “Barnes”. The “evidence” was given as speculation that his opponent was somehow involved in these pranks.

In testimony from Barnes, we learned that his animosity for Kurita started when he ran for office several years ago. Kurita did not attend his fundraisers and did not raise money for his campaign. Barnes said she did not support other Democrats either. Barnes brought up the fact that Kurita had voted out Democrat Wilder, (91), from his Senate seat, (an issue that put a lot of the wind in his campaign). Barnes also talked about the negative ad campaign that Kurita ran about his job as a lawyer.

The defense attorney asked Barnes if he knew as an attorney that unless evidence was submitted before the case as testimony it could not be considered in a case. Barnes said yes. Did he also know that everything he just said was not submitted and could not be used in the case? Barnes said yes.

People who went to support Kurita by showing up were encouraged by the seeming lack of substantial evidence against her and were subsequently appalled at the conclusion. In the aftermath, there is talk of a write-in vote for Kurita. In the wake of this primary election fiasco, a deep rift has developed within the Democractic Party in Clarksville, and throughout the three counties — Montgomery, Cheatham and Houston  that will be represented by on of these two candidates.

Democratic Executive Committees are meeting Wednesday, September 17, at 7:30 p.m., at the Riverview Inn, to decide which name will appear on the November ballot. That decision could be the final verdict on this state Senate seat, since there is no Republican contender for the seat. The wild card in November would be Kurita running as a write -in  or independent candidate.

Atty. Tim Barnes

Senator Rosalind Kurita

It’s not over ’til it’s over. And the controversial Kurita/Barnes campaign for a seat in the Tennessee Senate is definitely not over.

Incumbent Senator Rosalind Kurita defeated challenger Atty. Tim Barnes by a mere 19 votes in the August primary, a win that was almost immediately contested by Barnes and his supporters. That win came on the heels of a controversial eleventh hour campaign play that put bold over-sized color postcards depicting Barnes, whose practice focuses on family law and adoption, as an attorney who defends drunk drivers and abusers.

The eleventh hour negative ad campaign incurred the wrath of 38 area attorneys who countered with their own election day ad and strong statement in defense of Barnes and of the right of every American to a defense, and about the “true” nature of Barnes’ legal practice.

Barnes officially challenged the election results, and on Saturday the Tennessee Democratic Party Executive Committee in a 33-11 decision invalidated that vote, calling the Kurita win “incurably uncertain.” The committee also opted to place the decision on which candidate will appear on the November ballot in the hands of Democratic Committees in the three counties the winner would represent: Cheatham, Houston and Montgomery. Since there is no Republican opposition in this Senate race, the decision of this county triad would decide the state Senate race. Kurita won Cheatham counties, but lost in Houston and the more heavily populated Montgomery County. The county committees are not limited to the two candidates from that race, but it is unlikely that any “third” prospect would emerge.

Locally, many Democrats voiced displeasure with Kurita’s vote to cross party lines and for John Ramsey as Senate Speaker (who is also the designated Lieutenant Governor for Tennessee) last year.

The upcoming tri-county convention won’t be limited to nominating either of the two candidates, but Kurita reportedly did not appear optimistic she would be chosen. Recently at the Grand Opening of Montgomery County Democratic Headquarters, Kurita thanked those who had voted for her and demurred on discussing her strained relationship with many party members. She did not attend the recent Democratic Party Hand Farm Labor Day Celebration, which is the biggest party event of the year. Kurita has not indicated whether she will legally challenge Saturday’s decision.Tim Barnes was obviously pleased with the result and the revival of his candidacy but acknowledged the controversy in not yet and his candidacy is till in legal limbo. Barnes had alleged irregularities in the primaries, including some voters who had been told they needed a Republican ballot in order to vote for him. Primary voters in Tennessee must select a party affiliation in order to vote.

The Montgomery County Democratic Party leadership will await the tri-county convention and hope for an expedient decision. Currently the Tennessee Senate is dived with 16 Democrats, 16 Republicans, and one independent. The date of the county convention has not yet been set.

“I think loyalty, honesty and integrity are still important in politics today.”

– Attorney Tim Barnes

With those words, Clarksville attorney Tim Barnes is gearing up for a run for Senator Rosalind Kurita’s District 22 seat. The August primary will likely see a lively campaign season. District 22 includes Montgomery, Houston and Cheatham counties. This covers Clarksville, Erin and Ashland City.

Barnes says that he “thinks honesty, loyalty and integrity are still important in politics today.” The role of the people’s representative should responding to and advocating those issues and concerns in which your constituents have expressed interest.

“Public service should be about serving the public, not about promoting your own self-interests.”

Barnes intends to hold to that principle when he is elected.

Recently, the APSU College Democrats President Adam Haynes announced the organization membership’s “overwhelming” support for Tim Barnes for State Senate. “There comes a time that when you have to choose who you want standing beside you and we stand beside Tim Barnes.”

As Barnes gears up his campaign, the district’s voters should expect to see him making his candidacy known in all areas. He believes there is a real desire for change in District 22. For more info contact him at either 931.648.9400 or go to <www.myspace.com/timbarnes4senate>.