Horwitz Law, PLLC Clients the Nashville Area Chamber of Commerce, Save Nashville Now Prevail in Court of Appeals Litigation Over Invalid Referendum

March 30, 2022

Bringing a multi-year saga to its likely conclusion, the Tennessee Court of Appeals has unanimously held that a referendum petition filed by an amorphous entity calling itself “4 Good Government” was fatally defective because it illicitly prescribed multiple election dates, rather than complying with the straightforward “prescribe a date” requirement established by Nashville’s Metropolitan Charter. The Court of Appeals additionally held that the underlying litigation was moot, precluding any relief from being awarded at this juncture anyhow. In a pair of amicus briefs filed on behalf of Horwitz Law, PLLC clients the Nashville Area Chamber of Commerce and Save Nashville Now—which the Court of Appeals’ opinion quoted at length—attorneys Daniel A. Horwitz and Lindsay Smith had advanced both positions. Horwitz Law, PLLC’s clients advanced prevailing arguments as amici curiae before the Davidson County Chancery Court as well.

“As the Nashville Area Chamber of Commerce and Save Nashville Now asserted in their respective amicus briefs—upon which the Court of Appeals’ opinion relied extensively—the Davidson County Election Commission lacks authority to violate clear provisions of the Metropolitan Charter in an ill-advised effort to apply new and different rules to a favored petitioner, and it also lacks authority to reschedule election dates in violation of applicable state and local law,” said Horwitz Law, PLLC principal Daniel A. Horwitz—who represented both groups alongside Horwitz Law, PLLC attorney Lindsay Smith. “Compliance with straightforward and longstanding legal requirements is not voluntary, and ignoring provisions of the Metro Charter while depriving opponents of fair notice because a bare majority of the Election Commission supports a measure is impermissible. The Court of Appeals’ opinion is a complete win for both the Nashville Chamber and Save Nashville Now and a total loss for the DCEC, and today’s ruling should be the end of the road for this ill-conceived litigation and egregious waste of taxpayer funds.”

Read the Tennessee Court of Appeals’ unanimous opinion in Case No. M2021-00723-COA-R3-CV here: https://www.tncourts.gov/sites/default/files/davidson.county.election.commission.opn_.pdf

Read the Brief of Amicus Curiae the Nashville Area Chamber of Commerce (asserting a petition defect) here: https://horwitz.law/wp-content/uploads/Brief-of-Amicus-Curiae-Nashville-Area-Chamber-of-Commerce.pdf

Read the Brief of Amicus Curiae Save Nashville Now (asserting mootness) here: https://horwitz.law/wp-content/uploads/Save-Nashville-Now-Amicus.pdf

Selected media coverage regarding the ruling appears below:

The Tennessean: State appeals court rules against election commission in referendum case, legal costs top $720K

The Nashville Post: Appeals court strikes another blow to anti-tax effort

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Horwitz Law has successfully represented and advised numerous state and local elected officials, candidates for public office, PACs and political organizations, county political parties, and other political law clients across Tennessee regarding campaign finance, election, and political law issues. Horwitz Law has also successfully represented clients in landmark election-related litigation concerning local, state, and federal election law. Daniel A. Horwitz—Horwitz Law’s founding member—formerly served as election counsel for the Tennessee Democratic Party, and he currently serves as General Counsel for Tennesseans For Sensible Election Laws, an election-reform oriented multicandidate political campaign committee and advocacy group.

If you are seeking campaign finance, election law, or political law assistance, you can purchase a consultation from Horwitz Law here.

Posted in: Appeals, Daniel Horwitz, Election Law

Tags: Daniel Horwitz