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NewsTracker Transparency and Elections

AG Issues Opinion on Kyle Senate Seat Vacancy

Tennessee’s top lawyer has waded into the issue of how to pick nominees for November’s general election to fill the seat of retiring Sen. Jim Kyle.

Unless the executive committee members are selected at large, the candidates for Senate are to be “nominated by the members of the party’s county executive committee who represent the precincts composing Senate District 30,” according to Attorney General Bob Cooper’s opinion. The Shelby County Democratic Party’s website says that county executive committee members are “elected from each state House District in Shelby County.”

The executive committee for the county’s Republican Party has members elected both at-large and by district, according to the Shelby County GOP.

The AG released the opinion Thursday morning in response to a request from Kyle, who won a Shelby County Chancery Court judgeship on August 7, and is leaving the General Assembly after 31 years in the Senate. Kyle has said he’ll resign by the end of August.

Kyle was joined in making the inquiry to Cooper’s office by Memphis Democratic Reps. Antonio Parkinson and G.A. Hardaway, who, along with Kyle’s wife, Sara, and former state Sen. Beverly Marrero, have shown interest in filling Kyle’s chair.

On the Republican side, former U.S. Senate candidate and Memphis millionaire radio station owner Dr. George Flinn has indicated he’s considering a run. Barring a significant upset, though, the seat is expected to stay in Democratic hands.

According to the attorney general’s opinion, any House member currently running for reelection who has won their primary, but also wishes to run for the Senate vacancy, must withdraw from the House race before the party’s executive committee meets to make their selection. However, Cooper also wrote that if the candidate withdraws from that race, the party won’t be allowed to nominate another candidate.

The opinion was sought amidst some confusion about whether or not the caucus process the county party officials wanted to use would meet statutory requirements.

While he had not yet read the opinion Thursday afternoon, the spokesman for the Tennessee Department of State, Blake Fontenay, said the Division of Elections would “defer” to the the decision of the state’s attorney, and “would act consistently with their ruling.”

Categories
NewsTracker Transparency and Elections

Kyle Seeks AG Opinion on Filling His Senate Vacancy

The Shelby County Democratic Party is preparing to select a nominee to fill the vacancy Memphis Sen. Jim Kyle’s departure from the state Legislature will create. But the outgoing upper-chamber minority leader has concerns about how that process will unfold.

On Friday, Kyle, who is retiring after 31 years in the Senate, requested that the state attorney general issue an opinion that sorts out the legal issues surrounding how to select a nominee to run as his replacement to the General Assembly.

Kyle’s request comes on the heels of Tennessee Democratic Party Chairman Roy Herron, a former state senator, telling local party officials that there was confusion about the local caucus process they’ve indicated they will employ to select the nominee. Herron has concerns about the timing of the caucus, who can vote at the caucus, whether the decision would be made by a majority or plurality of votes and whether it would be a public roll-call vote or by secret ballot, according to the Commercial Appeal.

Kyle won a Shelby County judgeship on Aug. 7. and will resign from the Legislature after he’s sworn-in on Aug. 29. However, state law doesn’t provide for a government-run open primary when the timing of a vacancy in the Senate occurs so close to voters going to the polls in November. Instead, officials from the county parties are authorized to choose nominees for the general election ballot.

Democrats such as Sara Kyle, Sen. Kyle’s wife, and former state Sen. Beverly Marrero, who Kyle defeated in the 2012 primary, have expressed interest in the seat. Additionally, current Shelby County Tennessee House members Antonio “2-Shay” Parkinson and G.A. Hardaway, may also be looking to move to the General Assembly’s upper chamber.

Following the GOP-led redistricting in 2011, Marrero and Kyle found themselves opponents in the 2012 Democratic primary. After her primary loss, Marrero told TNReport that she felt “betrayed” by Kyle’s request to Republicans that he be drawn into a race against her instead of State Sen. Brian Kelsey, a Germantown Republican and chairman of the Senate Judiciary Committee.