Wednesday, October 17, 2007

Herb Moncier- Fansler Can Legally Call Special Election!

Herb Moncier was on the Hallerin Hill show this morning at it was fascinating. Say what you want about Herb, he has a sharp legal mind and can put it in terms for the average Joe.

He brought up an interesting point- Brook Thompson of the state election commission really failed to do his job when asked to rule on term limits, forcing Knox County to hire an attorney at their own expense to decide the issue, starting the whole mess. It turns out Herb has a suit for the benefit of Knox County to recover the $$ ($300K?) Knox County expended to hire this consultant to do the state's job.

Herb also pointed out that Knox County should have not used the appointment provisions to fill a "vacancy," because we never truly had a "vacancy." The election of term-limited officials, he says, was illegal, and thus the election should have been voided. Under a voided election, a section of Tennessee law calls specifically for the ruling judge (Fansler in this case) to call for a special election, and in fact Moncier made this plea earlier this year, and that plea is still active- all it takes is for Fansler to review the earlier cases, declare the election voided, and call for the special election.


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