Rep. Gary Odom, D-Davidson County

Nashville – State Coordinator of Elections Mark Goins has again refused to comply with state law, said House Democratic Leader Gary Odom on Friday.

“Goins and Secretary of State Tre Hargett have continuously failed to enact Tennessee’s Voter Confidence Act of 2008, which mandates the purchase of optical-scan voting machines that use paper ballots,” said Odom (D-Nashville). “The use of paper ballots ensures that Tennesseans’ votes are counted correctly.”

In a letter dated July 31st, Goins, in response to several requests from Odom’s office, said that he had the sole authority to “interpret” the law and was not going to implement the Act.

“I’m not going to stand by and let Mr. Goins ignore the law that was passed in a bi-partisan fashion in 2008,” Odom said. “The intent of the Voter Confidence Act of 2008 is simple: it is to put into place an election process that uses optical-scan paper ballot machines for the 2010 elections. To conclude anything else is simply an effort to ignore the law.”

Tennessee Secretary of State, Tre Hargett

“Secretary of State Tre’ Hargett and his election coordinator Mark Goins, in one of their first actions in office, had a bill introduced to repeal the Voter Confidence Act,” Odom said.

“They later amended it to extend the deadline so that they could get enough votes to at least stall the purchase of paper ballot machines,” Odom said. “Ultimately, the bill to delay the implementation of the Voter Confidence Act did not pass. Goins needs to do his job and implement the Act.”

The Secretary of State currently has approximately $37 million in federal funds appropriated by Congress. These funds may only be used to buy voting machines and for the administration of elections.

This year the Republican gained control of the Tennessee House and Senate; the first time in 140 years. Therefore, they have the numbers to replace the current Constitutional Officers (all appointed by Democrats). In Part 1 on this series, I discussed the Constitutional Officer of the Comptroller. Part 2 discussed the position of Treasurer.  This article will discuss the duties and candidates of Secretary of State.

Per the Secretary of State website, the Secretary of State is charged with  keeping a register of official acts and proceedings of the governor and, when required, the legislature.  Like  the other two Constitutional officers, the Secretary of State sits on numerous state boards and committees.  The most visible duty of the Secretary of State has to do with the fact that the State Election Commission, the Tennessee Ethics Commission and the Tennessee Registry of Election Finance are attached to the Department of State for administrative matters relating to receipts, disbursements, expense accounts, budgets, audits and other related items.  The Secretary of State appoints each county’s election officials.

The Candidates:

David Shirley, 66, is from Memphis, where he owns David Shirley Construction and is a co-owner of Connor/Shirley Realtor.  Per Mr. Shirley’s application he attended, but did not graduate, from University of Memphis.  No other higher education information was listed.  He served in the Tennessee Legislature as an elected Representative from 1980-1996.  He has also served on the Shelby County Republican Steering Committee, as well as being honored in 2008 by Volunteers of America as a “Community Partner of the Year.”

Mr. Shirley stressed that his years of experience in running two successful business, combined with 16 years of legislative experience, puts him in the unique position of being well qualified for the position of Secretary of State.  Per campaignmoney.com, Mr. Shirley made no political donations in the last election cycle.

Tre Hargett, 39, is the current Chairman of the Tennessee Regulatory Authority. He has served five terms in the Tennessee House of Representatives (District 97 from 1996-2004), twice elected as the leader of the House Republican Caucus.  Mr. Hargett also was the Vice President for the Southeast Region of the Rural Metro Corporation (publicly held), where he over saw a 500 employees that generated over $40 million in annual revenues.  Per the company website, “Rural/Metro Corporation is a leading provider of emergency and non-emergency medical transportation services, fire protection and other safety-related services to municipal, residential, commercial and industrial customers in approximately 400 communities throughout the United States.”

Mr. Hargett holds a B.B.A. and M.B.A. from University of Memphis.  Per campaignmoney.com, Mr. Hargett made no political donations in the last election cycle.

James Rollins, 49, is new to politics.  He owns Maaco  Collision Repair and Auto Painting in Clarksville, Tennessee, and has extensive background is security services.  Mr. Rollins has a B.S from University of Tennessee, M.S. from Tennessee State University, and a Ph.D. in Philosophy from Redding University.  He teaches Psychology as an adjunct professor Austin Peay State University, and has also taught at Middle Tennessee State University.

Inspired by a radio show to apply for the position of Secretary of State, Mr. Rollins was one of the few candidates that did not indicate he would immediately replace all the election officials in all 95 counties.  Per campaignmoney.com, Mr. Rollins made no political donations in the last election cycle.

Jerry Scott, 67, from Murfreesboro, is a retired Brigadier General from the United State Air Force.  Mr. Scott is a partner in a business that installs and services security cameras.  He has served as a circuit court judge,  and as a judge on the court of criminal appeals and the Tennessee Court of Judiciary.  He has also served as the City Attorney for the city of Waynesboro.

Mr. Scott graduated from Austin Peay State University in 1962; obtained his JD from Vanderbilt in 1965; and obtained his LLM (Masters in Taxation) from the University of Virginia School of Law in 1986.  From 1970-1995, he taught Law as an adjunct professor at Columbia State Community College.

Per campaignmoney.com, Mr. Scott made no political donations in the last election cycle.

Jim Bryson, 47, is the Chairman of the Board for 20/20 Research Inc., one of the fastest growing companies in Middle Tennessee and rated as one of the top research firm in the world by the American Marketing Association (2008).  It started from two employees and now has over 100 in three states.

Mr. Bryson was elected to State Senate in 2002, named Republican Freshman of the Year in 2003, and ran as a Republican for Governor in 2006.

Mr. Bryson has  bachelor from Baylor University (Finance) and a M.B.A. from Vanderbilt (concentration in Marketing).

Per campaignmoney.com, it appears Mr. Jim Bryson made one political donation in the last election cycle ($1,000 Fred Thompson Political Action Committee , 12/21/07).

Larry Scroggs is an attorney from Shelby County.  He served in the Navy, and received numerous decorations.

Mr. Scroggs graduated from Harding University in 1963 with B.S. in journalism and social sciences.  He obtained his JD from Vanderbilt University School of Law in 1971.  He was appointed as a Municipal Judge in Germantown from 1980-1986.  He represented District 94 in the State Senate from 1966-2002, including being elected Republican floor leader.  Mr. Scroggs is currently the Chief Administrative Officer and Chief Counsel for the Juvenile Court of Shelby County.

Per campaignmoney.com, it appears Mr. Scroggs  made one political donation in the last election cycle ($500 John McCain 2008 Inc. , 12/20/07).

Randy Stamps, 49, obtained his B.S. in Government Public Administration from David Lipscomb in 1981.  He went on to obtain his JD from Pepperdine University in 1984.  Mr. Stamps has over 20 years of political experience in Tennessee, having served 10 years in the House of Representatives, five years as political director and state director of the Republican party, as well as other assignments.  He also served as an interim appointment as Sumner County Circuit Court Judge in 1999, as well as on the Sumner County School Board from 2000-20008.

Per campaignmoney.com, it appears Mr. Stamps made no political donations in the last election cycle.

William Baird, 56, is currently the Mayor of Campbell County.  He has also represented State District 36 from 1988-2008 in the House of Representatives.  From 1997 – 2008, he served as the Executive Director of the USDA/FDA in Campbell County.

Mr. Baird graduated from the University of Tennessee in 1987 with a degree in Agricultural Business.  Mr. Baird also serves on the Campbell County Boys and Girls Club, as well as other local civic organizations.

Per campaignmoney.com, it appears Mr. Baird made no political donations in the last election cycle.

Current Secretary of State Riley Darnell, 68, is a  former captain, U.S. Air Force, serving as judge advocate general 1966-69; he holds a B.S.  from Austin Peay State University, 1962; J.D. from Vanderbilt University Law School, 1965; was selected to attend Eagleton Institute of Politics, Rutgers University, 1973; and is a member of Civitan Club, Clarksville Chamber of Commerce, American Bar Association, Montgomery County Bar Association.

While representing state Senate District 22, he served as Senate majority leader 1989-1992. He was the speaker’s designee to Fiscal Review committee in addition to being a member of the National Conference of State Legislatures and the Southern Legislative Conference of the Council of State Governments. First elected to the Tennessee House of Representatives in 1970, he represented the 67th House district in the 87th, 88th, 89th, 90th and 91st General Assemblies. Elected in 1980 to the Tennessee Senate, he served in the 92nd, 93rd, 94th, 95th, 96th and 97th General Assemblies. He was elected Tennessee secretary of state in January 1993.

Conclusion:

I commend the Republicans for attempting to make the process “transparent”; however, it is only transparent to those that are looking at it.  I encourage you to take some time to read up on this issue, the candidates and the process.  Contact your Representative and Senator and express your opinion, and follow up on how they vote in January.

Resources:

http://www.state.tn.us/sos/

http://taxingtennessee.blogspot.com/2008/12/constitutional-officers-candidate.html

http://www.ruralmetro.com/

http://campaignmoney.com/

The Republicans have gained control of the state house and senate, and  have the numbers to replace the three current constitutional officer: Secretary of State, State Treasurer, and State Comptroller.  On Monday, December 15th, Republicans held interviews of potential candidates for these offices.

Per a recent article in the Tennessean,  “Senate Republican Leader Mark Norris of Collierville, said it will create a “level playing field” and transparency for what has long been a closed-door system of selecting political insiders.”

I have been listening/watching the interviews of the Republican candidates for the Constitutional Officers (link provided at end of article).  After reading their resumes, listening to the  interviews, I thought it would be nice to share what I have learned in an effort to promote the transparency of the process.

My goal is to do an unbiased article on each position, and the prospective candidates.  First up, Comptroller of the Treasury. For those that want to see Mr. Wilson’s interview, he is the first candidate in Part 1 of the video.

Duties of the Comptroller

Per the Comptroller’s website:

“Statutes prescribe the comptroller’s duties, the most important of which relate to audit the state and local government entities and participation in the general financial and administrative management of the state.  In addition to the Department of Audit, the Office of the Comptroller includes the divisions of Management Services, Bond Finance, Local Finance, Local Government, Property Assessments, State Board of Equalization, Offices of Research and Education Accountability and State Assessed Property. The Comptroller of the Treasury is also a member of over 35 committees, boards and commissions.“

Basically, the Comptroller is charged as the state watchdog and financial adviser, selling bonds, auditing state and local government, and advising the legislature on financial issues.  Mr. Wilson, the  only Republican applying for the position, described the position as the state’s  “money cop” when he was interviewed this week by a panel of Republicans.

It is my understanding that the current Comptroller, John Morgan, does not need to formally apply, but will be considered in the General Assembly’s election.  But with the Republicans in the State Legislature acting on a perceived mandate having taken control of both the state house and senate for the first time in 140 years, his chances appear slim.

The Candidates:

Justin Wilson

Mr. Wilson is a well known environmental lawyer.  In September 2002, the Cumberland Trail State Park was renamed to “The Justin P. Wilson  Cumberland State Park” in recognition of Mr. Wilson’s “dedication and leadership in catalyzing the efforts to rebuild the trail.”  Gov. Sundquist wrote an Executive Order (#33)  naming him “Conservationist of the Year” in 1996.  He was also a Deputy Governor under Sundquist.

In 1996, he served as Commissioner of the Tennessee Department of Environment and Conservation.  As Commissioner he was responsible for 3,500 employees, 53 state parks, and the state’s regulation of its air, water and other natural resources.

Mr. Wilson has been a past treasurer for the Tennessee Republican Party.  In 2001, he was an alternate delegate for the Republican National Convention.  Mr. Wilson’s was also  a part of the Bush-Cheney transition team in 2000-2001, for environmental issues.  Bush ‘41 nominated him to a seat on U.S.  Court of Appeals for the Sixth Circuit Court.  Democrats never voted on his nominations, and his nomination expired with the election of President Clinton. He teaches adjunct at Vanderbilt University (and was a past president of the Vanderbilt Blair School of Music).

According to an article by Knoxnews.com on State Majority Leader Mark Norris’ website, Mr. Wilson has given over $127,ooo to Republican causes.  Senator Norris doesn’t think that is a problem, “I don’t think anybody is trying to buy those positions,” he said, though adding there could be concerns about public perception to the contrary.”

Mr. Wilson also has a LLM, which is a Master’s Degree in Taxation, and is the Chairman of the Nashville Electric Service.  NES sells bonds on the open market, which should be helpful because selling state bonds is main duty of the Comptroller.  Also at NES, Mr. Wilson is the co-trustee of the NES pension plan, consisting of $210 million dollars of assets.

Current Comptroller: John Morgan

Here are a few details on the current Comptroller, John Morgan, straight from the comptroller website:

“Morgan graduated from Austin Peay State University in 1974. He did graduate work at Louisiana State University from 1974 to 1976.  He entered state government as a research assistant for the Legislative Fiscal Review Committee in 1976. From 1978 to 1980 he was a research assistant in the Department of Finance and Administration, and from 1980 to 1982 was an administrative assistant to the State Treasurer. In 1982 he began working in the Office of the Comptroller of the Treasury as assistant director of Bond Finance, and in 1983, as director of Bond Finance. In 1987 he also became assistant to the Comptroller, as well as Director of Bond Finance. In October of 1987 Morgan left state government and was vice president, director of Public Finance of Third National Bank in Nashville. In February of 1989 Morgan returned to state government as executive assistant to the Comptroller of the Treasury, and in January 1999 was first elected Comptroller of the Treasury by the Tennessee General Assembly. He was reelected to this position in 2001, 2003, 2005, and 2007.  Morgan is a member of the Association of Government Accountants and the American Society of Public Administration. “

Side Note:

Republicans make clear in their questions to the candidates that they think that the current Treasurer and Comptroller have used their positions as a “bully pulpit” (their words not mine) to advance an state income tax during tough times.  The tone and wording of these questions indicate they feel that the current officers pro-income tax position hinders them from providing the Legislature with independent, quality council on fiduciary matters.

Conclusion:

I commend the Republicans for attempting to make the process “transparent”; however, it is only transparent to those that are looking at it.  I encourage you to take some time to read up on this issue, the candidates and the process.  Contact your Representative and Senator and express your opinion, and follow up on how they vote in January.

Sources:

Link to interviews and resumes – http://taxingtennessee.blogspot.com/2008/12/constitutional-officers-candidate.html

http://www.comptroller.state.tn.us/

http://www.tennessee.gov/environment/parks/CumberlandTrail/

http://en.wikipedia.org/wiki/Justin_Wilson_(lawyer)

http://tennessee.gov/sos/pub/execorders/sundquist%20executive%20order%20no.%2033.pdf

http://www.zoominfo.com/people/Wilson_Justin_14051440.aspx

http://www.tennessean.com/article/20081116/NEWS02/811160410

http://www.norrisnow.com/media2008/11-24-08a.htm

http://www.theleafchronicle.com/article/20081102/NEWS01/81102007/-1/newsfront2

http://www.wallerlaw.com/attorneys?alpha_start=w&id=47144

http://politics.nashvillepost.com/2008/12/05/the-constitutionals-list-former-sundquist-deputy-guv-sole-comptroller-candidate/

“It is time to change history and open up statewide elected positions in Tennessee — as in almost every other state in these United States of America. As we begin 2008, we need to create a position for a popularly elected Lieutenant Governor in Tennessee. We also need to popularly elect the Secretary of State.”

Kurita, in making this bid for new elected positions rather than the tradition of appointees to those key posts, said most Tennesseans “do not even realize that we do not have any voice in the selection of powerful statewide offices.”

“During this past legislative session, I passed the first leg of this complicated process in the Senate. Now we must pass it in the House.”

Kurita is now seeking support for this measure from the public, the voters into whose hands she would place the decisions on these important posts. “Your help is crucial to moving us forward in making “the election” process more open,” Kurita said.

“Tennessee is one of only four states in the country where the public does NOT have a vote in the selection of these offices. So what does this mean? It means that, if the Governor were to become incapacitated temporarily or should die in office, the successor could be someone who was not elected statewide by the people of Tennessee.”

According to current law, the succession would fall first to the Speaker of the Senate (elected in his or her district only), then the Speaker of the House (elected in his or her house district only). Acceptance of the the gubernatorial role would require an immediate forced resignation from their speakership and the general assembly. The next in line of succession is the Secretary of State, who does not hold the statutory authority to decline the position and would have to accept the governorship.

In Tennessee, the Secretary of State is “selected” by the members of the House and Senate, not elected by the public. Instead of standing for statewide election, they are nominated by a person in the General Assembly and chosen in the House chamber. There is no general election process. No running for office. Only insiders need apply.

“This is not the best way. We want to choose our own Governor, and we want to ensure a succession that provides for only elected persons to occupy the Governor’s office,” Kurita said. “The answer is straightforward and clear. Create the office of Lieutenant Governor. Elect the Lieutenant Governor statewide and give that office the power to succeed the Governor, if needed. The Lieutenant Governor would carry out duties assigned by the governor and assigned by the legislature. And popularly elect the office of Secretary of State.”

If you are interested in working on this issue, contact Sen. Kurita.

“Thank you for helping us to change from the past, where power was held close –to the future, where we really are all equal.“

For more information, contact Sen. Kurita at (615) 741-2374 or e-mail her at sen.rosalind..tn.us