The Curious Case of Kurita

Joe Lance over at Tennessee Ticket opined briefly yesterday about former Democrat State Senator Rosalind Kurita’s court battle against the State Primary Board and the Tennessee Democratic Party, asking “Is a primary election an election?”

A hearing was held last Tuesday in the U.S. 6th Circuit Court of Appeals on the federal lawsuit brought by former Sen. Rosalind Kurita over her 2008 removal from the ballot by the Executive Committee of the Tennessee Democratic Party.

As expected, the central issue being argued is whether a primary election is a binding artifact of public will, or is equal to conventions, caucuses, and other means by which political parties nominate candidates, and thus subject to the party’s control.

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This is no secret, but I would have to side with Kurita’s attorney. Yes, the primary election is the chosen vehicle by which two parties in this state nominate their candidates; but since doing it that way means being governed by state election law; and since the elections are funded by public means; and since they are attended by the general public, and not exclusive to party members, then I argue that a winner of such an election must be recognized. The parties can’t have it both ways.

Full Disclosure: I worked (read: volunteered; there was only one paid staffer, as I recall) for Senator Kurita during her write-in campaign.

The two sides are arguing over whether or not a primary election is, in fact, an election. Kurita’s attorney argues that a primary is an opportunity for voters to select a particular Party’s nominee, while the State and the TNDP argue that a primary is merely a selection process orchestrated by the various Parties and that voting just seems to be a (sometimes inconvenient) consequence of that process.

What if the Court rules in Kurita’s favor? What happens then?

Kurita’s attorney asked the panel to order a special election; however, Senator Barnes is up for re-election this year, several months outside the time frame to call for a special election.

Lance concluded, “However, I would not go so far as to demand that Kurita be seated in the Senate,” but that opinion was based on an incorrect recollection that Kurita did not run in the general. (She did, as a write-in.)

The only course of action that I can see if the court rules in Kurita’s favor is to remove Barnes from office immediately and allow Kurita to serve out the remainder of the term that would have been hers. No Republican filed to run in the 2008 election.

Both parties could then run again in the August primary without TNDP meddling.

It has always seemed to me that once a primary election is held and paid for by the taxpayers, then the results should stand. Sure, a political party should reserve the right to select a nominee, but they should be required to announce a selection process and cancel the primary.

I will, as I have since 2008, continue to follow this story as it progresses.

The Washington Examiner has a pretty good write-up here. The Tennessean, too. Ballot Access News both here and here.

Brief Note: Yes, it’s been a while since I’ve blogged here. I hope to pick up covering state issues in my spare time. I hope you’ll join me in the comments.