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Democratic Caucuses Going Virtual

Responding to the upsurge in Covid-19 activity, the Shelby County Democratic Party has shifted its forthcoming Saturday pre-convention caucus from an on-site affair at Wooddale High School to a virtual event.

Here is the party’s press release on the matter:

Out of an abundance of caution, the Shelby County Democratic Party is cancelling its in-person convention that was scheduled for this Saturday, August 14th.

It will be replaced with a virtual event to take place on Saturday the 21st. All Democrats in Shelby County are still encouraged to participate by registering at https://www.shelbydem.org/2021_reorganization_convention.

Registration will close at 5 p.m. on Thursday the 19th. All registrants will receive an e-mail with the link for their virtual County Commission caucus on Friday the 20th.

The Executive Committee members and the Grassroots Council members elected on Saturday the 21st will still meet virtually to elect the Chair on Saturday the 28th.

For any urgent questions, call Convention Chair Sarah Beth Larson at 901-336-9643.

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Shelby Democrats Begin 2021 Caucuses

Shelby County’s Democrats begin their 2021 convention process this Saturday with preliminary caucuses at Wooddale Middle School. Delegates will be selected there to take part in the election of new party officers, including for the office of chair to succeed current chairman Michael Harris.

Registration for Saturday’s event begins at 10 a.m. and ends at noon, when the doors will be closed on further admittance. District caucuses will be held to choose the party’s Grass Roots Council, which is a general assembly of sorts, as well as members of the party Executive Committee.

Nominations will also be made for party chair, and attendees chosen for either of the two elected bodies will be expected to return to Wooddale on August 28th to take part in the final selection of the  chair.

Participation is open to all residents of Shelby County, Tennessee who are registered to vote in this county, and who “believe in the ideals, principles, and values of the Democratic party.” All such are eligible to become members of the Shelby County Democratic Party and are eligible to serve on the Executive Committee or Grassroots Council.

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‘Bogus Ballots’ to Exist No More, Orders Judge

Judge William Acree

Remember the sample ballots you always saw at election time purporting to be “endorsements” of a group of candidates by this or that “Democratic” organization? Glossy with color mug shots of the lucky “endorsees,” these broadsheets did their best to resemble official documents of the Shelby County or even state Democratic Parties.

In reality, advertisements for the candidates in question is all they ever were — advertisements paid for by their campaigns and tricked out to look like official party statements by the local entrepreneurs who sold space on them.

“Endorsements” they were not, except in the technical sense that they signified the support of the shell companies that published and distributed them, most of these with the word “Democratic” in their name.

It was the misleading aspect of these advertisements that made them targets of litigation by candidates, Democrats in the main, running legitimate campaigns for office and boasting no such false endorsements.

Now, several hearings over several years later, a judge has imposed a permanent injunction against such published products.

The ruling comes from Judge William B. Acree, a senior jurist from Jackson, after a January 6th hearing in the case of Tennessee Democratic Party and candidate John Marek vs. Greg Grant, individually, & d.b.a. Greater Memphis Democratic Club and M. LaTroy Williams, individually, & d.b.a. Shelby County Democratic Club. This was the climactic one of three hearings — the others having occurred on October 20, 2019, and October 3, 2020.

Those prior hearings had imposed temporary injunctions against the defendants and imposed penalties for renewed infractions.

Judge Acree based his judgment Thursday on TCA statute 2-19-116, which reads:

No person shall print or cause to be printed or assist in the distribution or transportation of any facsimile of an official ballot, any unofficial sample ballot, writing, pamphlet, paper, photograph or other printed material, which contains the endorsement of a particular candidate, group of candidates, or proposition by an organization, group, candidate, or other individual, whether existent or not, with the intent that the person receiving such printed material mistakenly believe that the endorsement of such candidate, candidates, or proposition was made by an organization, group, candidate or entity other than the one or ones appearing on the printed material.

Acree’s order states:

The court finds that the Defendants engage in the distribution of campaign literature on behalf of candidates seeking public office, are paid for such activity, and have violated the statute and restraining order on previous occasions. Thus, the Court finds a permanent injunction shall issue enjoining the Defendants from: Distributing literature, disseminating information, or, in any way, communicating, utilizing work, symbols, or graphical schemes reasonably implying endorsement of or affiliation with the Democratic National Convention, the Tennessee Democratic Party, or the Shelby County Democratic Party.

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Corey Strong To Challenge Cohen in the 9th District

Corey Strong

Yes, it’s true: Steve Cohen has an opponent. The 9th District Congressman, who has knocked off a serious string of Democratic challengers since 2006, when he first emerged victorious from a multi-candidate primary field, now faces a 2020 bid from Corey Strong, the former Shelby County Democratic chairman.

Strong acknowledges that Cohen has made the appropriate votes in Congress, supported legislation that a Democrat should have supported, properly backed up Democratic President Obama, and has correctly opposed Republican President Trump. Further, says Strong, the Congressman has successfully become a factor in key national dialogues.

What he has failed to do, Strong maintains, is to bring jobs to a home region that desperately needs them. Strong even finds evidence of this alleged failure in a well-publicized stunt staged by Cohen last spring on the House Judiciary Committee. That was the occasion in May when the Congressman ridiculed the failure of Attorney General William Barr to answer a subpoena by wolfing down pieces from a Kentucky Fried Chicken basket at his seat on the committee.

Cohen got headlines, both pro and con, and, says Strong, “I have no problem with that. What I have a problem with is that we’ve got all kinds of local fried-chicken enterprises here in Memphis, and he could have made his point with them if he wanted. But he didn’t.”

Strong is well aware that Cohen, who is white and Jewish, has easily dispatched all previous would-be party rivals in his predominantly African-American Memphis district since that first victory in 2006. He has triumphed over Justin Ford, Willie Herenton, Tomeka Hart, Ricky Wilkins, and Nikki Tinker, all of whom had either name recognition or financial support or both.

He has done so, as Strong acknowledges, by careful attention to the needs of his constituency in most ways — save the aforementioned inability to raise the income level of his district.

Strong believes he can succeed at that task, where, he says, Cohen has not. And one way of demonstrating his prowess will be to raise a campaign budget that will allow him to compete with the financially well-endowed incumbent Congressman on relatively even terms..

“I will do that,” says Strong, a Naval Reserve officer who in 2017 became the renovated Shelby County Democratic Party’s bounce-back chairman after it was decommissioned by the state Democrats a year earlier during a period of internal stress and discord within the local party.

Strong acknowledges that Michael Harris, his successor as local party chairman, has had a difficult problem arousing support from party cadres because of issues stemming from his suspended law practice. But, says Strong, local Democrats have a duty to support their party.

The future congressional aspirations of current Shelby County Mayor Lee Harris have become so obvious as to make Harris’ ambitions something of a public proverb, and a good race next year by Strong, even if unsuccessful, could serve the purpose of setting up a future challenge against Mayor Harris. But Strong insists he is in the 9th District race this year to win.

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Harris Conducts Smooth First Meeting as Dems’ Chair; Other Local Officers Elected

JB

Harris presiding over his first meeting as SCDP chair

The executive committee of the Shelby County Democratic Party completed its reelection of officers Thursday night in a placid, orderly meeting that concluded in a shouting match over whether its newly elected local chairman, Michael Harris, can continue as party leader.

Harris, a suspended lawyer who has admitted having to live down a formidable list of professional “mistakes,” would, on the strength of commentary from members Thursday night, seem to have ample support on the local committee to continue. But committee member Sanjeev Memula, on behalf of a group of Democrats opposed to Harris’ continuation as chair, was able, amid controversy, to move for a hearing on the Harris matter, coupled with a call for a new chairmanship election.

Harris himself agreed to accept Memula’s motion after a ruling from parliamentarian Larry Pivnick that only the chairman or the executive committee itself, functioning as a grievance committee, could approve the motion. Before that happened, there were calls from several members to purge Memula and two other members publicly opposed to Harris — and a temporary motion to the effect, later withdrawn, from member Williams Brack.

Time and place for the hearing on the Harris matter have, as of Friday morning, yet to be set.

Harris’ professional issues — resulting in a 5-year suspension from the practice of law by the Board of Professional Responsibility and disqualification of him as a bankruptcy petitioner by the United States Bankruptcy Court — have complicated his tenure from the moment of his election, by a single vote over “none of the above” as a stated alternative , in a stormy organizational meeting early in April.

The beleaguered chairman’s conduct Thursday night of his first meeting as chairman could hardly be faulted. It was generally agreed, even by critics, that he seemed smooth, organized, and focused as he discussed a series of items with the membership — including the time and place of future committee meeting (likely to be held at AFSCME headquarters downtown), plans for a forthcoming public event, strategies for community outreach, and possible sponsorship of a mayoral debate during the ongoing city government election.

Memula and other critics of Harris have alleged, however, that his personal issues should disqualify him as a party leader and have brought the party into bad repute. They cite the likelihood that Republicans will be able to exploit those issues for their own purposes, and, indeed, the Tennessee Star, a publication featuring the point of view of right-wing Republicans, has already featured Harris’ problems in a published feature.

Aside from the chairmanship issue, the other standout fact of Thursday night’s meeting was that it included the first fully completed successful use of ranked choice voting in a local election. RCV backer Aaron Fowles was on hand to serve as an advisor on the process, which allows sampling of runner-up votes to determine a winner in multi-candidate races without a majority winner in the first round of voting.
Elected Thursday night were the following:
*Sara Beth Larson, first vice chair;
*Brian McBeidge, second vice chair;
*Regina Perry, secretary;
*Emily Fulmer, assistant secretary;
*Jesse Huseth and Williams Brack, steering committee members

Harris’ appointment of Lucretia Carroll as treasurer was accepted by acclamation by the membership.

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New Filing: The Background Papers of the Michael Harris Case

The pending intra-party litigation by several members of the Shelby County DemocratIc Party seeking to invalidate the election of Michael Harris JB

Michael Harris

as chairman of the SCDP has been supplemented with an abundance of new documents for the state Democratic executive committee to consider — all this on the eve of the first planned meeting, Thursday night of this week, of the newly elected SCDP executive committee.

As it happened, the local committee, amid an oft-turbulent discussion, took no action Thursday night but agreed, on a decision by Harris himself, to hear out a petition by SCDP executive committee member Sanjeev Memula to hold a new election. Memula’s petition asks for the hearing within 20 days, in accordance with local party bylaws.

Before the state party issued its response remanding the issue back to the SCDP, members seeking Harris’ ouster had submitted a series of documents:

The first grievance to the state committee, filed on April 10, focused on possible discrepancies in the rules of election practiced by the SCDP executive and grass roots committees on April 6, when Harris, a lawyer who has been suspended from his practice for a five-year period, was elected by one vote over “None of the above.”

Subsequent supplements deal with what the litigants believe is the unsuitability of Harris for the position of chairman, given a lengthy and still uncorrected record of professional infractions and misdeeds by Harris. In one supplement, immediately below, the litigants cite these issues in a general way; they specifically seek a public hearing for their evidence, Harris’ disqualification, nullification of the election results, Harris’ disqualification, and ultimately a new election.

This supplement, like all the others gathered here, speaks for itself:
[pdf-6]
The second supplement, immediately below, repeats the requests made in the first supplement and cites facts relating to Harris’ frequent efforts to claim bankruptcy protection, claims that the United States Bankruptcy Court has now expressly prohibited him from renewing:

[pdf-5]
In support of this second supplement, the litigants cite the specific efforts made by Harris in his quests for bankruptcy protection, listed below in a timeline:

[pdf-3]

Next is the order from the U.S. Bankruptcy Court revoking Harris’ privileges even to file for further bankruptcy protection:

[pdf-2] The next supplement is an itemized record of actions taken by the Board of Professional Responsibility apropos Harris’ suspension:

[pdf-4]
And the final, and most lengthy supplement, is an itemized chronology of the aforementioned infractions charged to Harris during his now terminated practice of law:

[pdf-1]

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Democratic Litigants File Grievance to Nullify Chairmanship Election

That election for chairman of the Shelby County Democratic Party? It may not be over.

A grievance has been filed with the state Democratic Committee by several participants in the recent Shelby County Democratic Party chairmanship election, who contend that the election should be nullified.
Jackson Baker

Shelby County Democratic Party Chairman-elect Michael Harris

The litigants offer several scenarios; the point of each is that, however the number of valid voters might have been determined, the declared winner — Michael Harris — should have been gauged as falling short by at least one vote.

In that eventuality, it had previously been determined, the former chairman, Corey Strong, would have continued in office, pending calling for a new election, with newly elected candidates and a new vote.

The grievance reads as follows: [pdf-1] :

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Shelby County Democrats: The Gang That Couldn’t Shoot Straight. Again.

In August, 2016, Tennessee  Democratic Party chair Mary Mancini announced that the state party executive committee had voted to disband the Shelby County Democratic Party, a hopelessly fractious organization that, as Mancini noted, had experienced “many years of dysfunction.”

One year later, in August 2017, a reconstituted local party took shape at a convention that crowned months of focus-group activity in tandem with the state party. Corey Strong, a Shelby County Schools administrator and a military reservist, was elected chair of a new body that possessed both an executive committee and a larger “grassroots” council.

Coupled with the revived Democratic activism that, in Memphis as elsewhere, fueled a “resistance” movement to President Donald Trump, the moment looked promising indeed for local Democrats.

But now, a year and a half later, in the aftermath of party successes at the ballot box in 2018 and on the threshold of a presidential election year, the Shelby County Democratic Party is freshly riven by a dispute that seemingly has racial overtones but may actually be the consequence of warring ambitions and an internal power struggle.

Months ago, Strong had indicated that he would not seek re-election, and for a long time only one potential successor made his leadership desires public. This was Jeff Etheridge, a retired businessman (Dilday’s TV Sales and Service) and an activist who had pulled his oar in many a party drive and political campaign.

Jackson Baker

Michael Harris for the (self-)defense.

Etheridge’s home base was the Germantown Democratic Club, a racially diverse organization whose membership encompassed large sectors of Shelby County well beyond the enclaves of East Memphis and the county’s eastern suburbs. More than most Democratic groups, it had been responsible for organizing the Shelby County party effort, from the reactivation effort onward. Its president, David Cambron, had, with his wife Diane and other core members, taken the lead in making sure the party had a full roster of candidates in the 2018 election.

But there were other party power centers, as well. One of them was the Young Democrats of Shelby County, a group that tilted more toward the urban precincts of Midtown and the inner city. Its president, Danielle Inez, had been Lee Harris‘ campaign manager during Harris’ successful 2018 campaign for Shelby County mayor, and she had become his primary assistant in the reconstituted county government, someone hugely influential in staffing and logistical decisions.

Inez and the YDs were also feeling their oats and looking to make further contributions. They cast about for one of their own to bear the hopes of the younger generation for party leadership, and — for reasons best known to them — settled on one Michael Harris, a young man who had taken an active role in party outreach activities.

Those were the two known candidates when the party met Saturday before last at White Station High School to hold its preliminary caucuses for the convention to be held this past Saturday. In the nomination process other names were put forward — Erica Sugarmon and Allan Creasy, two impressive candidates from the blue wave year of 2018 — but these nominees withdrew, leaving only Etheridge and Harris.

There matters stood until the beginning of last week, when Etheridge began communicating with party leaders, complaining of “pressures” and stress he was getting from backers of Harris — some of it, he indicated, with racial overtones (Etheridge is white, Harris black). He had meant to be a unifying force, not a divisive one, he told his auditors, and he saw his opportunity to build bridges being undermined by a whisper campaign.

Jackson Baker

Harris supporter Danielle Inez and nay-voter David Upton muse over the outcome.

Simultaneously, word was getting out about difficulties Harris had experienced as a young and inexperienced lawyer.

As it turned out, there was evidence on the public record that in June 2017 Harris had been suspended for five years from his legal practice by the Board of Professional Responsibility of the Supreme Court of Tennessee. He was accused by the board of “lack of diligence and communication, excessive fees, improper termination, failure to expedite litigation, failure to perform services for which he was paid, unauthorized practice of law, dishonesty, and conduct prejudicial to the administration of justice.”

As a precondition to consideration of listing his suspension, the board ordered Harris to “make restitution” in the total amount of $22,975 to nine clients whose cases he was considered to have mishandled.

Knowledge of these facts emerged more or less at the same time that word of Etheridge’s withdrawal was getting out. On Wednesday of last week, which was the formal deadline for any post-caucus applications of candidacy, news was put out that two Memphis state representatives, London Lamar and Raumesh Akbari, had filed petitions to run for local party chair. Both were well-regarded young African Americans, seen as scandal-free legislative stars with wide appeal to all segments of the party.

Later Wednesday, stories were hitting the state media to the effect that Lamar had become the consensus choice. In actual fact, both she and Akbari had been desperation hotbox choices and would end up declining to pursue the chairmanship, pleading the press of business in Nashville. That objection was on the level, as anyone who has seen the demanding legislative process at first-hand can attest, but the swirls of internal discontent in Shelby County party circles had become all too obvious by now and were clearly another factor.

During the brief period when Lamar’s name was being floated as a consensus choice, Harris was confronted by party elders (former chairman David Cocke and Shelby County Commission chair Van Turner among them) who suggested that he yield the chairmanship to Lamar, thereby saving himself and the party the obvious public embarrassment that would come at Republican hands when his background was publicly vetted, as inevitably it would be.

In appreciation of his own efforts and ambition, Harris, now working as a compliance officer for Advance Primary Care, might serve for a year as a party vice chair, using that interval to make amends for his legal derelictions and refurbish his personal credentials. Harris said he’d think about it. He thought about it, said no, and meanwhile so did Lamar and Akbari.

That was the background of events going into Saturday’s party convention at Lindenwood Christian Church. As an ironic complement to the confusion, the party had agreed weeks earlier to conduct the chairmanship vote by the process of Ranked Choice Voting, a method of resolving multi-candidate races by reassigning the votes of trailing candidates in subsequent rounds of recalculation.

Given the fact of there being only one candidate (Harris), it was hard to see how the method of RCV could be applied, but Aaron Fowles, a local adherent of the process, provided a methodology which was announced to the voting membership by outgoing chairman Strong. Inasmuch as RCV (also known as IRV,  for “instant runoff voting”) required that a winner ultimately receive 50 percent of the vote “plus one,” Harris, as the sole nominee, would be matched against votes for “none of the above.”

Should Harris be outvoted by that formulation, it was agreed beforehand, Strong would continue to serve as party chairman until a new convention (hopefully, one with multiple candidates) could be held.

Those were the circumstances when what seemed an artificially relaxed buffet feed was concluded, and the delegates elected a week earlier at White Station filed into the church sanctuary, accompanied by a fair number of curious onlookers.

Harris had arrived late and had worked the crowd. Now it was his time to take the stage and face the voters and the accusations that hung over him.

He began with the device that might have been expected. “Those of you who have never made a mistake, raise your hands,” he asked. Unsurprisingly, there were no takers. He then went on to give a brief bio of his life, admitting at this point, without specifying, that he had made his share of mistakes, and exhorting his audience to think in terms of unity. “We shouldn’t be turning on each other,” he said. “We should be turning up the heat on the Republicans.”

Harris said he took responsibility for his actions and cited his generally creditable past performance as vice chair of the party’s outreach efforts. Still, he faced questions. How many elections had he voted in, he was asked. He could not recall in any detail, but said, “I’m an active voter now.” Inevitably, the questions came about his legal issues.

Asked how much money was still owed to the past clients, Harris was vague on the amount and slow to acknowledge that much, perhaps most, of what had been dispensed was paid out by the Tennessee Lawyers Fund for Client Protection or other legal-support organizations. The bottom line: He would still need to compensate the organizations that made the payments.

“I am not a thief!” Harris insisted, despite the fact that misappropriations of his clients’ money was one of the prime allegations against him.

“He has paid his dues,” said supporter George Boyington. Inez praised Harris’ “courage” and what she considered the deftness of his responses, though others, like Danielle Schoenbaum, one of the party’s corps of surprisingly effective suburban legislative candidates in 2018, didn’t think as highly of them: “2020 is very important,” Schoenbaum said. “If you put self first, before party, you’re not fit to be chair.” It was a theme expressed by others, as well.

And there was the matter of the detailed evidence against Harris. One speaker noted that people had been foreclosed on and lost their homes because of his ineffective or even nonexistent representation.

Inevitably, in days to come, pages from the case reports against Harris would surface. As one summary said, “Mr. Harris repeatedly took money but did not provide the most basic of services. He took desperate clients, who came to him as a last hope, and did nothing for them. It is not that he took difficult clients and fought the good fight but lost. He took people’s money and did not complete the most basic of tasks. He did not respond to basic discovery requests or summary judgments (ever). He literally did not fight at all.”

Interestingly, given the job to which Harris was aspiring, that of leader and figurehead of one of the county’s two major political parties, the opposing lawyer in several of the cases for which Harris was cited by the Board of Professional Responsibility was one Lang Wiseman, a former county Republican chairman and current deputy governor of Tennessee. This fact underscores the truism that none of Michael Harris’ legal misadventures are unlikely to remain unknown in the public circles he will inhabit as a party chair.

And a party chair he is, as of Saturday. Of the 76 eligible Democratic voters present, 72 actually cast ballots, and Michael Harris received 37 of those votes, versus 35 for “none of the above.” He had received precisely 50 percent plus one — the bare minimum needed for election.

Harris’ supporters are optimistic that he can unify his party and lead it to a victorious election year in 2020. His detractors fear the worst, a public catastrophe and implosions yet to be imagined. And the state party, having interceded so dramatically in 2016, is not in the best position to do so again.

Chairman Harris and his executive committee will be meeting again soon to determine who the rest of the party’s officers will be. That’s the next round of decisions that will loom large in the Shelby County Democratic Party’s future.

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Gubernatorial Candidates Dean, Fitzhugh Have Democrats Back in the Game

The very fact that two name Democrats — former Nashville Mayor Karl Dean and state House Minority Leader Craig Fitzhugh — are competing in a primary to become the party’s nominee for governor is something of a throwback phenomenon.

There was a time, lasting for the better part of a century, when victory in a statewide Democratic primary was inevitably reported in the press as “tantamount to election.” That sense of a solid Democratic South has expired pretty much everywhere by now, although the case can be made that in Nashville, and only in Nashville, it  JB

Karl Dean

still exists.

That’s because, for whatever reason, it’s still routine in Nashville for Democrats, both black and white, to win local elections there. And, to be a Democratic office-holder in Nashville, especially the office of mayor, is still, ipso facto, to have an eye on the governorship. It is no accident that the party’s last major statewide winner was Phil Bredesen, who was mayor of the capital city when he won the first of his two gubernatorial terms in 2002. (Bredesen is also, of course, the now out-of-power party’s hope to win a U.S. Senate race this year.)

It is no accident, either, that Karl Dean, a recent Nashville mayor, is a current candidate for governor. What’s more unusual is that he has an opponent, in Fitzhugh of Ripley, from a rural part of the state. West Tennessee rural, at that. A competitive Democratic primary for governor almost got started in 2010, but that was the year when all of the prospective Democratic candidates discovered — in the words of one of them, then state Senate Democratic Leader Jim Kyle of Memphis — that all the state’s yellow-dog Democrats had somehow become yellow-dog Republicans. All but one Democrat, Mike McWherter of Dresden, son of a former governor and eventual loser to the GOP’s Bill Haslam, would drop out.

But here we are in 2018, amid talk, even in Tennessee, of a Democratic blue wave, and, though it is still likely that the word “tantamount” will be applied to the winner of the four-way Republican primary for governor, a sense of optimism — or, at least, of revived respectability — is observable among Democrats.

Which is why, at Friday evening’s debate between Dean and Fitzhugh at Fairley High School in Whitehaven, moderator TaJuan Stout-Mitchell, citing local party Democratic chair Corey Strong as her source, informed the small crowd in the Fairley auditorium that “we love both our Democratic candidates. And we intend to stay a family when this is over.”

Not that there has been any prior animosity between the two candidates, although Fitzhugh, as the less well-funded underdog, has, Hail Mary-style, thrown one or two effective barbs Dean’s way in the course of the electoral season.

Not Friday evening, unless you count the jest he got off when, as he rose to answer a question, his microphone cord almost got tangled up with Dean. “I don’t want to choke you,” Fitzhugh apologized, adding, “yet.”

JB

Craig Fitzhugh

The two candidates had been asked, a few minutes into the debate, to share the same table because Dean’s mic wasn’t working. Moving over, he had hazarded a quip of his own: “Shall I repeat everything I’ve already said?”

Actually, there wasn’t a great deal of difference in what the two of them said. They agreed that West Tennessee, and Memphis in particular, had generally received the shaft from the powers-that-be in state government. They both looked askance at the state-run Achievement School District, comparing it unfavorably to the I-Zone institutions of Shelby County Schools. They both rejoiced at a recent court decision against the state practice of lifting one’s driver’s license as a penalty for not paying fines. And they both thought the GOP-dominated legislature’s refusal so far to accept Medicaid expansion under the Affordable Care Act to be a huge and catastrophic partisan folly.

Each also championed the principle of diversity, deplored the use of excessive force and racial profiling by law enforcement, and praised the Hope Scholarship Program and the governor’s Tennessee Promise program of support for free community college tuition, though Fitzhugh was somewhat more insistent that the Hope revenue stream not be tapped to fund Promise.

Dean touted his experience as a onetime Public Defender as a useful experience informing his concern for unempowered minorities. Fitzhugh similarly cited his background as proprietor of a “Bank of the Little Man” in Ripley.

The one issue on which a genuine difference of viewpoints might have materialized was somewhat finessed when Dean — who, unlike Fitzhugh, has been a supporter of charter schools — professed his opposition to “for-profit” charters. Fitzhugh also found a bit of air between himself and Dean’s use of the term “forgotten” as an adjective indicating concern for various classes of Tennesseans — West Tennesseans, in particular — both in Friday’s debate and in a TV ad Dean has been running.

“I don’t call it ‘forgotten,’” Fitzhugh objected, reprising his own frequently expressed concern that the same attention be lavished on “those who live in the shadows of skyscrapers” as on those “in the skyscrapers” themselves. “I don’t like the term
‘forgotten,’” he repeated, advising that voters take a look at his record of ameliorative legislation. “I’ve never forgotten.”

A rhetorical point, perhaps, and one intended essentially to demonstrate a shade of difference, but it is possible that it is on the grounds of such shades and nuances that Tennessee Democrats will render their decision. But there is no party fissure here; either one of these men will suit the party faithful, who are clearly hoping that the era of Democratic no-names with no chance of winning is, at the very least, about to be over.

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Democrats, NAACP Prevail in Voting-Sites Matter

After what turned out to be virtually an entire day’s worth of testimony from both sides on Monday, Chancellor JoeDae L Jenkins ruled for the plaintiffs JB

John Ryder (l), attorney for the Election Commission, and Alexander Wharton, attorney for the NAACP, joust over a demographic map prepared by witness Steve Ross. Judge JoeDae L. Jenkins would rule for the Shelby County Democratic Party and the NAACP in a dispute over early-voting sites for the August 2 election.

and against the Election Commission, ordering that Mississippi Boulevard Christian Church and Frayser’s Ed Rice Community Center (or some similarly located venue) be added to the three early-voting sites scheduled to open on Friday of this week.

Judge Jenkins also enjoined that all the designated sites (numbering 27 in all, after tonight’s ruling) open on Monday, June 16th, instead of Wednesday, June 18th, as the Election Commission and Election Administrator Linda Phillips had planned, giving the Shelby County Democratic Party and the NAACP the essence of what they sought. The early-voting period is scheduled to last from June 13th to June 28th, with final voting to be held on the officiaL election day of August 2nd.

Monday’s decision was loaded with ironies. The Election Commission had ignited what became a county-wide controversy when it arbitrarily and without advance public notice announced in June that it was expanding the original list of 21 early-voting sites (the same as that employed for the May county primary), adding five new sites in what it termed “under-served” areas, most of them in historic Republican territory. The EC further designated the AgriCenter in Shelby Farms as a super-site, open for four extra days. (A “compromise” offer by the commission last Friday would have substituted three other extra-time sites, including one in a heavily Democratic area.)

Judge Jenkins turned that logic on its head, saying in his ruling from the bench that it was African-American areas that were under-served by the new configuration, and to arguments from Election Commission lawyer John Ryder and EC spokesperson Joe Young that there was no time left to effect any more changes or provide for an earlier availability for the sites, the Chancellor would rule that the commission had erred in the first place by springing its own changes on to the public without adequate notice or preparation.

All the parties will reconvene in Chancellor Jenkins’ courtroom on Tuesday at 10 a.m. to get written notice of the judge’s ruling, and attorneys for the Election Commission have indicated they will seek an interlocutory appeal and a stay of Jenkins’ injunction.

One set of plaintiffs on Monday consisted of Myron Lowery and the Shelby County Democratic Party and was represented by lawyer Julie Byrd Ashworth, the other was the NAACP, represented by brothers Alexander Wharton and Andre Wharton. Ryder did the honors for the Election Commission.

Highlights of the hearing were a lengthy cross-examination of Election Commission chairman Robert Meyers by Alexander Wharton and detailed testimony on the demographics of site selection by witness Steve Ross, who was put on the stand by the plaintiffs.