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Hamilton County: Taxpayers shouldn’t have to pay for legal challenge in mayor’s race, attorney says

By: Matt Wilson
(Contact)

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Jerry Summers

If former Chattanooga Parks and Recreation Director Rob Healy files qualifying papers to run for mayor, the Hamilton County Election Commission should schedule a quick meeting to deal with questions involving his residency, attorney Jerry Summers advised Tuesday.

But commissioners should leave it up to Mr. Healy to bring the matter to court, he said.

“I don’t think Mr. Healy’s destitute,” Mr. Summers told commissioners at their morning meeting. “I don’t think it’s fair to the taxpayers to have to pay me to file this lawsuit.”

Mr. Healy said doing so could be too expensive for him. He said he hopes thecommission will allow him to run.

“I would certainly hope that the Election Commission would follow the City Charter,” he said.

Mr. Healy has said he believes the City Charter states that he must have lived in the city for one year before the election, which is in March, to be eligible to run for mayor. He moved back to Chattanooga in February.

City Attorney Randy Nelson and Tennessee Elections Administrator Brook Thompson have said they believe he must have lived in the city for one year before the qualifying date of Dec. 18.

Mr. Summers said he agrees with Mr. Nelson and Mr. Thompson’s opinions that Mr. Healy is ineligible for the office, but he said it ultimately will be up to a court to decide.

The commission took no action Tuesday because Mr. Healy has not filed qualifying papers in the race.

“You can’t make a decision on a hypothetical,” Commissioner Mike Walden said.

Mr. Healy on Friday picked up the qualifying papers to run for mayor, officials said.

He still plans to run, he said.

“I am gathering the necessary signatures to turn in my qualifying papers,” Mr. Healy said.

Also on Tuesday, the commission set the three locations for early voting in the Nov. 4 election.

The location at Northgate Mall has moved and now will be at the mall entrance near Piccadilly cafeteria, county Elections Administrator Bud Knowles said.

Mr. Knowles said election workers should be able to handle an influx of newly registered voters with the addition of an extra computer at each voting location.

More than 13,000 new Hamilton County voters have registered since January, officials have said.

Some local political officials asked for a fourth early voting location, but Mr. Knowles said he did not have time to set up another location and hire new staff.

“We’re trying to stay prepared,” he said. “Our guard’s up. Let’s keep it up.”

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