Rutherford Elect. Challenged

August 5th Rutherford County Election To Be Challenged

August 21, 2010

A a tip from a reliable source who asked not to be identified, stating there was strong evidence that the August 5th election would be challenged. They indicated the challenge allegedly would be based on state law requiring three Saturdays for early voting, but only two were made available. As you recall, early voting began Friday, July 16th, but as Election Administrator Hooper Penuel (left photo) stated, “A mistake was made and there was no early voting the next day.”

Reliable Sources Indicate Two Candidates Ready To Challenge

The administrator explained that the law does not specify how many Saturdays are needed in early voting. Penuel said, “State law requires early voting to be for a period of 15 days that begin 20 days before an election, and the early voting must end 5 days prior to the election day.” He said any challenges had to be filed in the chancery court within fives days after the election is certified.

Election To Be Certified Monday Night

Election Administrator Penuel said that the finalizing of the August 5th election will take place in the Rutherford County Election Commission office at 5:00 o’clock this Monday evening (8/23/2010). When asked if the five days meant “working days” or “actual days”, since 5-days after Monday night would be Saturday evening and the courts would be closed—Penuel would only comment, “I’m not going to interpret it, the law simply states 5-days.”

If Challenged, What Could Happen?

In the conversation with Penuel, the question was  raised of WHAT IF THE COURT RULES THAT THREE ADDITIONAL EARLY VOTING HOURS ON A SATURDAY ARE REQUIRED, AND EVERY REGISTERED VOTER IN RUTHERFORD COUNTY WHO DID NOT VOTE, HAD THE OPPORTUNITY TO VOTE ON EVERY OFFICE ON THE BALLOT. THEN EACH CANDIDATE WOULD HAVE A CLEAR IDEA OF HOW MANY VOTES THEY NEEDED, AND SINCE ONLY RUTHERFORD COUNTY WAS EFFECTED—VOTES IN OTHER COUNTIES WOULD NOT BE A PART OF THE PICTURE.  Penuel was asked if such a situation could change the results of not only every county office, but the 6th District U.S. House seat as well"? He chose not to comment on that analogy.