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.

Nan and Jim Robertson offer refreshments for their Obama House Party

Saturday, September 27th, Nan and Jim Robertson opened their Stewart County home to host a Stewart County Democrats for Obama House Party. On the patio garden of the lovely wooded residence, Stewart County Democratic Party officials spoke of reasons everyone feels its time for a change in the way Washington does business. Local citizens are suffering under the wave of neglect and disregard that signifies the Bush Administration’s approach to government.

Jim welcomed the guests to their home and encouraged everyone to incorporate ‘green technology’ and businesses into their daily habits. He spoke of alternative energy and fuels that offer real opportunity to realign our foreign oil dependence equation and help improve the environment while giving a boost to our economy as well.

Stewart County Democratic Party President Thurston Smith stated that Federal and state government cutbacks have a disproportionate impact upon the local population. Economic realities are readily felt here and the citizens aren’t fooling themselves to these real facts. Jobs are not increasing and those that are here are not secure. Benefits are costly and inadequate. He told of how some Dover citizens, who had once confided not being willing to vote for women candidates or a candidate of a different ethnicity, have since come back to declare that they no longer feel that way and that they support and will be voting for Senator Obama in November. Stewart County is a small county, economically speaking, and the economy has soured there.

State Rep. Willie Borchert relayed several instances of rendering assistance to veterans and their families who had been caught up in the web of government indifference and disregard. Be it local, state or federal, government owes its very existence to meeting the needs of the people. Yet that government has turned a deaf ear to the cries from the American people. Veterans see their support systems whittled away, underfunded and simply denied and ask what are they supposed to do now? He cited several cases where Tennesseans had appealed to him for assistance when their veteran family members had been abused by the veterans health care system or administration. Overbilling veterans and local officials pursuing negligent enforcement of lapsed regulations are not aspects of a caring government. Federal withdrawal of education funding can have a disastrous effect on a small town like Dover. Callous disregard for the needs of our veterans runs counter to the American ideal and the promise made to every military service member. Funding ’sweetheart’ contracts to insider companies while denying care to wounded soldiers and veterans and neglecting our infrastructure is not the American way. Borchert ended his talk by quoting a man he admitted he seldom agreed with, Allen Greenspan, “The only reason we’re in Iraq is because we’ve got an oil president and an oil vice president, and they work for Hailburton.”

Adam Haynes, from Clarksville, next addressed the gathering, speaking for two candidates on the November ballot, Bob Tuke and Tim Barnes. He reminded everyone that change is needed beyond more than the White House. Tennessee needs a change in senate representation as well. Bob Tuke is that change. He urged the crowd to cite how Lamar Alexander has helped Dover and Stewart County in his tenure as U.S. Senator. “That silence is reason for you to support Bob Tuke and have a voice that will speak and work for more than just Knoxville, Oak Ridge and East Tennessee.”

Adam also spoke of the turmoil surrounding the state senate District 22 race. He declared, “We now have a candidate in Tim Barnes. The attempts to subvert and corrupt the election process have been addressed and the established rules and regulations have been enacted. Rather than denying citizens their vote, the process worked to protect those very votes against those who sought to manipulate and defeat them. In Tim Barnes, the district will find a candidate who, first and foremost, seeks to serve the people. Tim has no hidden agenda, no personal ambition to use this position to rise to higher office. He is committed to supporting the Democratic Party, working in a truly bipartisan manner and pass legislation to benefit the people of Tennessee.

Rep. Borchert speaks from patio yard

Rep. Borchert reminded the gathering that during the past 18 months, when the state legislature failed to pass the state budget because of Senate Republican opposition, every day the state senate was in extended session cost Tennessee taxpayers an additional $50,000 dollars. Senator Kurita supported the Republicans’ agenda, not the Democratic Party, not legislation to benefit her constituents.

Terry McMoore thanked the Robertson’s for hosting the House Party and sharing their home. He thanked all the speakers and the gathered visitors for coming. He also thanked Jim and Nan for the catered refreshments spread out in the kitchen, encouraging everyone to help themselves. He complimented the beauty of Stewart county and the wonders he had found in Dover. He ended saying that Montgomery county needs to follow Stewart County’s lead in being an Obama County.

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[Non-cited photos by Turner McCullough Jr.]

Delegates gather for the convention.

In a crowded room at the Riverview Inn, the controversial September 13 decision of Tennessee State Democratic Party Executive Committee to invalidate the August Primary election was carried out via a tri-county democratic convention convened to decide which of two candidates appear on the November ballot.  In this special called convention, sixty-five county delegates decided the Democratic Party nominee of State Senate District 22 for the November ballot. With a roll call vote, 61 delegates pledged their vote to challenger Atty. Tim Barnes, with four votes going to incumbent State Senator Kurita.

Approved delegates from Cheatham, Houston and Montgomery counties totaled eighty-two. The sixty-five credentialed delegates in attendance satisfied the requirement for a quorum. Senator Rosalind Kurita, herself a delegate, did not attend the proceedings. Tim Barnes, also a delegate, did. The standing-room only proceedings were convened on time (at 7:30 p.m.), orderly, and without outbursts or protests being voiced. There was a rotating silent protest just outside the hotel as a single protester held a sign objecting to the convention. A half dozen television cameras and numerous media photographers were present to document this breaking news story.

Guidelines declared.

Gene Lewis, Montgomery County Democratic Party Chairman, opened the proceedings. Martha Brooke Perry, Cheatham County Party chair, led the Pledge of Allegiance. Chaplain Charles Moreland gave the opening prayer, reading the familiar Prayer of St. Francis, classic prayer for “peace”, apt in the face of the controversy that has surrounded this race. The credentials committee chairperson confirmed delegate attendance count as 65 and declared a quorum was present.

Grant Phillips, General Counsel to the Tennessee Democratic Party, then addressed the convention, summarizing events that  led to the call for this convention. Chairman Lewis declared the sole purpose of the convention was to select a Democratic Party nominee for the November ballot. No discussion of the primary, the special executive committee hearing or personal attacks would be permitted. Outbursts and unruly conduct would result in those persons being escorted from the gathering. With that, the floor was opened to receive nominations.

The nominations and the vote.

Linda Swindell, a Cheatham County voter, nominated Senator Rosalind Kurita (at right), accompanying that nomination with a statement that voters “lost their right to have their votes counted.” Ricky Wallace nominated Attorney Tim Barnes without comment.  Nominations were closed. While this process allowed for additional nominations of any candidate meeting state requirement, no other nominations were put forth.

Each nominee was allowed five minutes in which to address the delegates. Nominee incumbent Senator Kurita did not attend the proceedings and was unavailable to make a presentation; she had indicated she would not attend since she believed party delegates had “already made up their minds.”

Tim Barnes was present and addressed the delegates. He spoke of being tired, tired of scurrilous attacks on his character, his profession and the people of District 22. He stressed that his focus remains on helping the people of the district. With the everyday stress of high gasoline prices, mortgage and banking uncertainty, unaffordable health care and underfunded education, he said there was no time for character assassination. He had no personal agenda or advancement goals to exploit. He further said he would be proud to be the nominee for District 22 on the November ballot.

With the conclusion of his address, a roll call vote was conducted. With a 61 to 4 vote tally, the convention chose Barnes to be the Democratic Party nominee on the November ballot. The convention adjourned after the vote tally was declared. A press conference in the hotel lobby was held.

Supporters celebrate and Barnes gives thanks.

Tim Barnes supporters gathered in the lobby to cheer their candidate’s selection. With shouts of “Time for Tim!,” Barnes made his way to the rostrum, shaking hands and receiving congratulations along the way. He thanked his supporters for their steadfastness. He also thanked his wife and children for enduring the chaotic atmosphere of the past seven months. He said he was humbled by the vote and would not take this selection lightly. He is proud of his campaign, stating that it proves taking the high road can be successful. He never practiced negativism and focused instead on the concerns of working families, the people of District 22.

Barnes reiterated his reasons for pursuing the nomination: to help working families. Responding to media questions of whether Senator Kurita would mounting a write-in campaign, he said he understands she is angry but deferred the question to the state Democratic Party. When asked about possible voter backlash to the way he has won the nomination, he answered no and again deferred any further consideration on the subject to party officials.  He stated that his goal is to help the people as they struggle to make ends meet. When asked about crossover Republican voters, Barnes said there has always been been crossover voting. It becomes harmful “when it is a concerted effort to subvert the democratic process.” He acknowledged having Republican friends and welcomed any Republicans who would choose to support him with their vote.

Barnes said he would renew his campaign efforts for the people’s vote in November. He again thanked all the volunteers who have given selflessly of their their time and efforts on his behalf and asked them to continue and gear up for the next push to the November election.

It was a tough loss for both Kurita and her constituents, who favored her stand on issues including the environment and women’s issues, among other concerns. Outside the Inn, several people protested the not only the decision but the process, with duct tape over their mouths as a symbol of their vote for Kurita being silenced.

Kurita, as many voters have speculated, is planning a write-in campaign for the for the November 4 election. Barnes, who at one point on primary night thought he had won the election only to find minutes later he lost by 19 votes, challenged that original election, an action that last Saturday resulted in eight hours of testimony and the invalidation of the primary race by the Democratic State Executive Committee.

Ironically, for all the controversy this process incurred, the primary race attracted less than 12% of registered voters, hardly a mandate. Kurita won that by 19 votes. Barnes challenges the election results, calling for a recount,, which, with voting machines, only repeats the totals, not the votes. In another bit of irony, the current electronic voting system in Montgomery County will be replaced by a verifiable voting system — but not until after the presidential election in November. Barne’s challenge to the election was not only the close vote but other alleged irregularities at county polling places.

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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.

Tennessee Senator Rosalind Kurita

On Tuesday, and again on Wednesday, in the final stretch of the primary campaign, voters across the city of Clarksville received oversized full color postcards in the mail from State Senator Rosalind Kurita, cards that drove spikes of criticism at Tim Barnes and his law practice. Barnes is challenging Kurita for her 22nd District Senate seat on today’s election.

Today a coalition of 38 area attorneys came to Barnes defense while simultaneously calling on Senator Kurita to retract her statements and stating unequivocably that her comments as written on this mailer (and recapped on television and radio ads) were “shameful, and beneath the dignity, and the honor, of a Tennessee Senator.”

In a matter of four hours, the legal community rallied, creating a full page block ad denouncing the “Smear Barnes” ads and obtaining hand-signed signatures of dozens of local “legal eagles” as part of a statement of support for Tim Barnes. (Complete ad text/signatures at end of story). The full page ad is slated to run in The Leaf Chronicle today.

Atty. Mark Olson, one of the signatories on the response ad, submitted the following statement to Clarksville Online late Wednesday evening (8.6.08):

“Kurita’s ads attack the very foundation of our legal system. They are intended to question the integrity of the system. Clarksville, Tennessee is blessed with courageous Lawyers and Judges. Each person has their own thoughts, and I do not presume to speak for my fellow Lawyers, however, I believe the Lawyers who signed this ad were shocked by the attacks on the legal system from someone who is responsible for writing laws. I have practiced with and against everyone who signed. I have practiced before every Judge in the County. The Lawyers represent their clients honestly, without regard to who they “are”, and the Judges judge fairly on the facts alone. Kurita’s ads suggest something different and that is very, very wrong.

We got this advertisement together in about four hours. Given more time, more Lawyers would have participated.

Tennessee Senate District 22 candidate Tim Barnes

The distortions and half truths in Kurita’s ads are almost too numerous to count. But that is not as great a concern as her lack of understanding of the legal process. As a lawmaker she should at least have a basic understanding of the legal system. She does not.

Kurita’s ads claim Tim Barnes works to release criminals. Only a judge or jury can find the accused not guilty and “release” them. And then, only after a fair trial. People in Montgomery County receive fair trials. If they are guilty, they are punished. Is she against the Jury system? If she is against the Jury, she does not trust the people of Montgomery County.

Kurita’s comments demonstrate contempt for the legal system and the people of Montgomery County. Each and every year that she has served as a Senator, Kurita has voted on a Tennessee state budget which includes money to be paid to lawyers for the defense of the indigent in Tennessee. Does this mean that she supports “criminals”? Could it be that her statements made about Tim Barnes are made because a lawyer is running against her? This makes one question her true motives, doesn’t it? Is win at any cost her game?

Tim Barnes’ main legal practice is adoption. He brings together children who need a family with parents who desperately desire a child. You wouldn’t know that from her ad, would you? Tim Barnes has done more to create families with one adoption than this woman has done in all her time in office.

–Mark Olson

The ads in question, was likely designed by the Nashville firm, Fletcher and Rowley, whose company logo is “It’s all about winning!” The postcard dealt not with the heated issues of the campaign or the issues — everything from the economy to health care to jobs — that challenge residents across the district and the state. Instead, it targeted the kind of legal services offered through Barnes’ law practice. Although Barnes’ legal practice is rooted in family and adoption law, he, like many other attorneys in every city and county in America, has defended people facing charges that may include driving under the influence, spousal abuse/domestic violence, and other crimes. But that is far from the whole story.

This eleventh hour ads came across as a rant against both the lawyer and his clients; by denegrating the former,  defendants are also deemed not worthy of being afforded a defense as guaranteed under the U.S. Constitution. Without the dedicated work by prosecution attorneys, defense attorneys, and judges, there is no justice under the law. Not every defendant is guilty, or found guilty under the law. No individual is less worthy of defense than another.

Click here to view the embedded video.

Across the board, every person this editor spoke with, who viewed these ads, were appalled by the contents.

Clarksville Online has posted two items, an editorial and a political commentary, addressing these issues and the District 22 campaign (As the August 7th primary nears, campaign strategy turns “ugly” and Tennessee Senate District 22: In case of emergency, unleash Fletch ).

The following is copy of the controversial oversized postcard ad:

The latest anti-Barnes ad sponsored by Sen. Rosalind Kurita cites Barnes as anti-family, pro-criminal. Barnes in fact specializes in adoption law, helping to create and solidify family life for children in need of good homes.

The "back" of the latest anti-Barnes ad implies that Barnes makes a living from freeing criminals when in fact Adoption work is a prime focus of his legal practice.

The following is a copy of the response to this postcard ad by area attorneys, followed by a list of those who endorsed the ad, and thus the integrity of Mr. Barnes: