Word is that the Shelby County Democratic Party and sample-ballot entrepreneur Greg Grant are on the cusp of an agreement that would eliminate an ongoing injunction against Grant preventing him from using the term “Democratic” to describe his election ballots, which list “endorsements” and mug shots of candidates who pay Grant for the privilege.
Grant is one of several such entrepreneurs who circulate such “pay-to-play” ballots — often described by critics simply as “bogus ballots” — at election time. Among the others are former City Councilman Rickey Peete and perennial candidate M. Latroy Alexandria-Williams.
The injunction dates from February 2021 when special judge William Acree of Jackson levied it against Grant and others for using the words “Democratic” and “official” on their products. In April, the plaintiffs, who included the Shelby County Democratic Party and several others, singled out Grant for violation and asked Acree to assess a judgment or to impose a new temporary injunction (TRO).
Acree declined to issue a TRO, evidently accepting the argument of Grant’s attorney, Julian Bolton, that other ballot publishers had also, as Grant had, used variants of the word “Democrat” and “official” but were omitted from the new litigation.
Meanwhile, Judge Acree has plans to retire by the end of August, making moot the possibility of new legal actions from him after that point.
Faced with the prospect of having to re-initiate legal action from scratch against the bogus-balloteers, the Shelby County Democratic Party has reportedly offered Grant, the only currently active defendant, an agreement allowing him to continue issuing ballots under the name of “Greater Memphis Democratic Club” so long as he includes a disclaimer that he does not represent any organ of the actual Democratic Party.
Snags have occurred meanwhile. The Tennessee Young Democrats, who are a party to the suit, are not on board with the agreement, nor is plaintiff John Marek, nor, more immediately, is Grant, who is said to be resisting the idea of a disclaimer.
As Marek notes, the permanent injunction still holds, in the meantime, and is subject to enforcement.
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