Supreme Court to clarify election administrator's positions on The Murfreesboro Post

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Supreme Court to clarify election administrator's positions

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By: TMP Reports

Posted: Friday, July 24, 2009 5:35 pm

Rutherford County Election Administrator Hooper Penuel will keep his job at least until Tennessee Supreme Court justices clarify information about election administrators’ jobs.

Seven county election administrators fired when the Republicans took control of the Tennessee General Assembly are seeking relief from U.S. District Court in Nashville.

Rutherford County Election Administrator Hooper Penuel joined in the lawsuit after the Republican-controlled Election Commission accepted applications for his job.

A federal judge issued a temporary restraining order last week to keep Penuel in the job for the time being. The Election Commission postponed a vote on an administrator after Penuel joined the lawsuit.

During federal court hearings this week, Rutherford County government and Rutherford County Election Commission chair Tom Walker, speaking on behalf of himself and GOP members Oscar Gardner and Doris Jones, did not object to continuing the temporary restraining order for Penuel while awaiting answers from the Supreme Court.

U.S. District Judge Tom Wiseman Jr. signed an order Wednesday asking the Supreme Court justices to answer:

• Does the position of administrator of elections qualify as an “office of public trust” where no political or religious test shall be used as a qualification?

• Is the administrator of elections a county employee or a state employee?

Because there is no legal precedent, Wiseman asked the Supreme Court justices to answer the questions.

Attorney Gary Blackburn, who represents Penuel, said last week election commissions may have violated the First and Fourteenth Amendments of the Constitution, as well as the Tennessee Constitution by firing Democratically appointed administrators for Republican appointees.

The main issue is a Tennessee Attorney General opinion issued earlier this year, which said it is against state and federal law to fire an employee based on political affiliation, unless they are in a policy-making position and elections administrators are not policy-making posts.

Penuel, whose termination may be pending, and the fired administrators contend they were fired because of their actual or perceived political party affiliation.

The administrators want to know if they are county or state employees to determine employer liability.

Tagged under Hooper Penuel

Member Opinions:

By: bota on 7/25/09
If it can be shown that the Administrators got the position because of political affiliation the Court may well rule against them in this suit.

By: canalou on 7/25/09
We have honest elections in R.C., so why change because of political cronyism....?

By: Geana on 7/25/09
As usual in any case, the burden of proof rests upon the petitioners. Let's see what happens.

By: redbird on 7/25/09
Everything was just fine as long as the democrats were in power now suddenly it smells of political cronyism. Go figure.

By: prin on 7/26/09
This is one of the most dramatic cases where "to the victor go the spoils." This is an injustice to a man that has done an excellent job with elections for the past several years. The political party affiliation has nothing to do with the great job Mr. Penuel has done. For me, I hope that he keeps the job for as long as he can stand it !!!