GOP within reach of taking over state, county election commissions

Email | Print By Ken Whitehouse

02-06-2006 5:00 PM — With the defection of Sen. Don McLeary of Humboldt to the Senate Republican Caucus, the Republican party is just a few seats shy of taking control of not only the State Election Commission, but the election commissions in all 95 counties.

State law mandates that the “majority party” have three members on the election commission and the “minority party” have two. This provision applies to both the state election commission and each county’s election commission. In determining who the majority party is, the state law counts the total number each party has in both the Tennessee House of Representatives and the Tennessee State Senate. Currently, there are 18 Republicans in the senate and 46 in the house, a total of 64. Democrats hold 15 senate seats and 53 house seats, a total of 68.

Should the Republican party gain a total of 3 seats in the next election, be they in the house or the senate, it would take control of the election commission at the state level and in all 95 counties. Should they gain only two, a compromise would have to develop because there is no provision in state law if an equal number of legislators come from both parties.

Members of the State Election Commission are elected for a term of four years. This is the only commission in Tennessee state government that is elected wholly by the General Assembly. The terms of the current commissioners terms all expire at the end of this year, meaning that when the General Assembly convenes in January of 2007, the GOP could have control.

The State Election Commission is responsible for appointing five county election commissioners for each county in the state. This act takes place on the first Monday in April in every odd-numbered year. After making the appointments, the state commissioners then monitor the activities and performance of the county election commissioners and can remove a county election commissioner for violation of the oath of office or if that person is no longer qualified to hold the position.

While the significance of such a shift might not be of concern to the average voter, it has operatives in both political parties counting their caucuses. Had the Republicans controlled the State Election Commission this year, the matter of seating Sen. Ophelia Ford would have taken an entirely different tone. It is conceivable that a Republican-controlled commission would not have certified the results and another special election would have taken place.