TBA Law Blog

Posted by: Stacey Shrader Joslin on Sep 15, 2016

The Tennessee Supreme Court heard oral arguments last week in a case that is raising tricky questions about challenging election results. Attorney Tom McFarland brought the suit, challenging the outcome of his 2014 race for Ninth Judicial District Circuit Court judge. He lost that race to Michael Pemberton, but continues to maintain that Pemberton did not meet residency requirements and therefore his election was invalid. A trial judge and the Court of Appeals ruled against McFarland, though, because the Roane County Election Commission had determined that Pemberton did meet those requirements. According to Knoxnews, the justices appeared divided on whether a county election commission should have the final authority in determining a candidate’s qualifications.