Legislation to change city's nonpartisan elections heads to state Senate | Georgiana Vines

An attempt by the Republican-dominated Tennessee General Assembly to change a portion of the way Knoxville city elections are conducted is expected to be taken up by the Senate on Monday as city officials do research to determine whether to challenge the action in court should it pass.

If citizens want to change Knoxville’s nonpartisan elections, that can be done by a referendum under the city’s Home Rule form of government, City Law Director Charles Swanson said Thursday. “We don’t think it should be determined by the state Legislature,” he said.

An amendment to a general election law that would require Knoxville’s six district representatives to be elected only in their respective districts rather than by a citywide vote has already passed the House. It is sponsored by state Rep. Elaine Davis, a Republican representing Knox’s 18th District.

The same legislation in the Senate was originally sponsored by Dr. Richard Briggs, a Republican representing the 6th District, but when he kept it from moving out of a committee, it was taken over by Sen. Frank Niceley, a Republican who lives in Strawberry Plains. The Senate was scheduled to vote on it on Thursday but adjourned without taking action. Under Senate rules, it’s expected to come up Monday.

Helping to shepherd the legislation is political consultant Erik Wiatr, who was active in Knox County Republican politics two years ago when former GOP Chairman Dan Herrera and others got a ticket of Republicans to run against Knoxville City Council incumbents in the city’s elections. None in this group was elected.

Knoxville City Council has six district members and three at-large members. In this year’s elections, the 5th District represented by Charles Thomas is open, as are the three at-large seats, mayor’s position and city judge post.

Davis said, as a “county gal” (meaning she lives outside the city limits), she became aware of the run-off elections being citywide as vice chair of the Knox County Republican Party under Herrera. Having district representatives who are not elected in districts during a general election is a “disenfranchisement” for the district voters, she said. She said she committed to Herrera and the county GOP to change the law.

Wiatr described the council's method of selecting district representatives as “racist intentions to appease civil rights advocates. Those being oppressive wanted whites to decide (Black representation),” he said.

When the present election system was established beginning with the 1969 city elections, one purpose was to ensure the election of a Black representative from a district with a majority of Black residents. That is the 6th District, which runs through East Knoxville, downtown and the Mechanicsville area.

The present council has three members who are people of color.

Wiatr said former state Rep. Pete Drew, then a Democrat, introduced legislation to have council members elected by voters in their district. A News-Sentinel story in 1985 said Drew also filed lawsuits to get the system changed, but all his efforts failed. Drew was a city primary winner in 1977 but lost a general election to Casey Jones. Drew has since run for office as a Republican and an Independent.

Swanson said some laws of general application can affect the city but the courts also have held that home-rule charter forms can prevail. He said the city’s 60-year history with the present election system shows it does not violate any civil rights laws as some supporters of the proposed state legislation are claiming.

Davis indicated she has been surprised at an attempt by city officials to stop the legislation. She said Mayor Indya Kincannon had a breakfast meeting attended by most City Council members and most of the Knox County legislative delegation to discuss potential legislation. At that time, she said, she mentioned the election change as one of her priorities.

“No one said a thing,” she said.

Vice Mayor Andrew Roberto said “the format” did not allow for a “back and forth” among participants.

Then Kincannon and city lobbyist Tony Thompson tried to get Davis to postpone committee action but she declined, said Fiona McNally, city director of legislative affairs. One reason the delay was sought was the committee was meeting on Feb. 28 and council had scheduled a meeting in Nashville with lawmakers on March 1, she said.

Roberto has been active since in trying to have more discussion about it with lawmakers. He sponsored a resolution adopted unanimously in a special council meeting that asked the legislature not to intervene in the city’s elections rules. Even Councilmember Janet Testerman, a well-known Republican who had run for the legislative seat won by Davis, supported it.

Briggs, while initially concerned about the election change meeting constitutional requirements, now supports it. He said among those who question the present set-up are representatives of the Council of State Governments. At the time the system was chosen, the Municipal Technical Advisory Service was a consultant with the city. The argument for having district representatives elected citywide was to have officeholders looking at the city perspective on issues and not concentrating on district problems.

Davis debunks this thinking. She said when she served briefly on the Knox County Commission as a district representative, she looked at items, like the budget and the sheriff’s office, with a county perspective.

Briggs said he doesn’t want to throw a “monkey wrench” in this year’s city elections, where the deadline for candidates to file qualifying petitions is noon May 18.

As a result, he said he would attempt to amend the bill Monday to say it goes into effect on Jan. 1, 2024, to get past this year’s city elections. He predicted on Wednesday that it would pass the Senate.

If it does, it will have to go back to the House for final approval since that version doesn’t mention the Jan. 1, 2024, date, he said.

As for Wiatr, he said no one is paying him to work on this legislation and some other bills he’s interested in. “I’m not a lobbyist,” he said.

OTHER POLITICAL NOTES:

∎ Knoxville Mayor Indya Kincannon will unveil her 2023-24 budget during her State of the City address on Wednesday, April 26, at a luncheon at the site of the “Transforming Western” initiative in Beaumont at 1800 Vermont Ave. This is $200 million-plus collaborative plan to revamp, renew and reconnect Knoxville’s largest public housing community.

A brown-bag lunch will be provided to guests who preregister by calling the city’s 3-1-1 number or 865-215-4311 by Friday, April 21.

From 8 a.m. until 2 p.m. on April 26, a section of Vermont Avenue between Bowling Avenue and Hooker Street will be temporarily closed to accommodate the address and luncheon. State of the City event parking will be available on both sides of Vermont Avenue.

The official program will begin at noon, and guests are encouraged to arrive as early as 11:30 a.m. to secure parking and allow time for mingling.

∎ The current members of the Knox County Election Commission have been reappointed officially by the Tennessee State Election Commission after being recommended by Knox County lawmakers, and will reorganize at a meeting at noon Monday, April 17, in the main assembly room of the City County Building.

Knox County Chancellor Chris Heagerty, a former election commission chairman, will administer oaths to Hannah Hopper, Julie Gautreau, Bob Bowman, Eddie Smith and Adronicus Thomas. It is expected that Hopper will be reelected chair and Gautreau, secretary.

The commissioners are expected to reappoint Chris Davis as administrator of elections. His wife, Tennessee Court of Appeals Judge Kristi Davis, is on the agenda to swear in the administrator.

Georgiana Vines is retired News Sentinel associate editor. She may be reached at gvpolitics@hotmail.com.

Editor's note: Two names that were spelled incorrectly have been updated.

This article originally appeared on Knoxville News Sentinel: Vines: Move to change city's nonpartisan elections heads to Senate