The Law Office of Daniel A. Horwitz, Esq.

In a thorough, 42-page opinion, Davidson County Chancellor Russell Perkins has ruled that the Davidson County Election Commission acted unlawfully when it set an election on a legally defective referendum opinion.  “4GG’s Petition . . . did not prescribe a date as required by Section 19.01; it clearly prescribed, or listed, two alternative dates,” Chancellor Perkins ruled.  “Legal prerequisites, however, must be met and the Election Commission’s failure to insist that the ‘prescribe a date’ legal requirement be complied with as written is not entitled to deference upon judicial review.”  “4GG’s Petition did not meet the ‘prescribe a date’ requirement under § 19.01 of the Metropolitan Charter.”

In so ruling, Chancellor Perkins adopted the central argument advanced by the Nashville Area Chamber of Commerce and Tennesseans for Sensible Election Laws as amici curiae in the case.  On June 4, 2021, Horwitz Law, PLLC filed an amici curiae brief on behalf of clients the Nashville Area Chamber of Commerce and Tennesseans for Sensible Election Laws in Metropolitan Government, et al. v. Davidson County Election Commission, et al., Davidson County Chancery Court Case No. 21-0433-IV.  The brief argued, among other things, that the Davidson County Election Commission acted unlawfully by approving a multi-date referendum petition despite the Metro Charter’s unambiguous requirement that petitioners “prescribe a date” for an election in order to afford appropriate notice to voters.

“Compliance with straightforward and longstanding legal requirements is not voluntary, and ignoring provisions of the Charter while depriving opponents of fair notice solely because a bare majority of the Election Commission supports a measure is impermissible,” said Horwitz Law, PLLC principal Daniel A. Horwitz—who represented both groups alongside Horwitz Law, PLLC attorney Lindsay Smith—in a statement to the Tennessean on the ruling.  “As the Chamber and TSEL argued at length, 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,” Horwitz added in a statement to the Tennessee Lookout.

Read Chancellor Perkins’ June 22, 2021 Memorandum and Final Order in Davidson County Chancery Court Case No. 21-0433-IV here.

Read the Brief of Amici Curiae of Nashville Area Chamber of Commerce and Tennesseans for Sensible Election Laws in Support of Petitioner here: https://horwitz.law/wp-content/uploads/Brief-of-Amici-Curiae-the-Chamber-and-TSEL.pdf

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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.

On June 4, 2021, Horwitz Law, PLLC filed an amici curiae brief on behalf of clients the Nashville Area Chamber of Commerce and Tennesseans for Sensible Election Laws in Metropolitan Government, et al. v. Davidson County Election Commission, et al., Davidson County Chancery Court Case No. 21-0433-IV.  Chancellor Russell T. Perkins entered an order accepting the brief on June 7, 2021.

The brief asserts that the Davidson County Election Commission acted unlawfully by approving a multi-date referendum petition despite the Metro Charter’s unambiguous requirement that petitioners “prescribe a date” for an election in order to afford appropriate notice to voters.  The brief also contends that the Election Commission acted unlawfully and exceeded its jurisdiction by setting the referendum election at issue for an entirely separate third date.  Significantly, until now, the Election Commission has long maintained that the Metro Charter’s “prescribe a date” requirement forbids the Election Commission from altering the election date selected by petitioners, making its actions a significant departure from its own longstanding, established practice.

“Both organizations are concerned with the Davidson County Election Commission’s seemingly partisan-motivated, selective interpretations and abrupt change in position regarding long-established rules,” said attorney Daniel A. Horwitz—who filed the brief along with Horwitz Law, PLLC attorney Lindsay Smith—in a statement to the Tennessean.  “The Election Commission’s position also ensures a constant stream of expedited, pre-election litigation, and it creates serious concerns that going forward, partisanship will dictate outcomes regarding what is supposed to be the neutral process of election administration.”

Read the Brief of Amici Curiae of Nashville Area Chamber of Commerce and Tennesseans for Sensible Election Laws in Support of Petitioner here: https://horwitz.law/wp-content/uploads/Brief-of-Amici-Curiae-the-Chamber-and-TSEL.pdf

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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 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.