published Thursday, October 7th, 2010

Chattanooga mayoral recall organizer files appeal

by Cliff Hightower

Citizens to Recall Mayor [Ron] Littlefield filed an appeal in Hamilton County Circuit Court today asking that Hamilton County Circuit Court Judge Jeff Hollingsworth reconsider his judgment against the group preventing a recall election.

“It’s asking the judge to reconsider his opinion,” said Jim Folkner, of Citizens to Recall Mayor Littlefield.

Hollingsworth ruled against the group last month in a court case. He said the group did not have the necessary number of signatures to force a recall election.

For complete details, see tomorrow’s Chattanooga Times Free Press.

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BernieMacIsBack said...

I'm glad the recall movement did this, because Judge Jeff Hollingsworth ruled incorrectly.

Judge Hollingsworth ignored an entire passage of TN state law, which states explicitly that if a city has a recall provision in their charter, and Chattanooga's city charter does, then the city's provision and required numbers for a recall will control the State provision, relating to the statutory minimum number of signatures required in a petition.

Tennessee Code Annotated 2-5-151.

Petitions for recall, referendum or initiative.

(a) Any governmental entity having a charter provision for a petition forrecall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.

(skip to (d) covers number required)

d) Petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county. The disqualification of one (1) or more signatures shall not render a petition invalid, but shall disqualify such signatures from being counted towards the statutory minimum number of signatures required in this section.

(Except that....skip to (j)

(j) This section shall control notwithstanding any statutory provision or charter provision of a municipality or county to the contrary; provided, that any contrary charter provision of a municipality or county which is enacted after July 1, 1997, shall control with respect only to the requirements set forth in subsection (d) relating to the statutory minimum number of signatures required in a petition.

////// Therefore the City Charter "Shall Control"

October 7, 2010 at 10:26 p.m.
Tax_Payer said...

Shop the right judge and get want you want.

October 7, 2010 at 10:34 p.m.
fairmon said...

One has to wonder if this judge is in a position to provide a fair and unbiased opinion? He obviously had the option of finding in favor of the over 15,000 citizens that expressed their dissatisfaction but chose to find for the mayor.

The over 15,000 and at least that many more wondered about the ruling and assumed it was just local politics at it's worst or best in the view of a few.

I applaud the effort but expect nothing but more of the same from this judge.

October 7, 2010 at 11:01 p.m.
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