William Thomas McFarland v. Michael S. Pemberton
Citations
- 530 S.W.3d 76
Syllabus
This appeal addresses the authority of a county election commission to make a factual determination on the qualifications of a candidate seeking to be placed on a ballot. In this case, the defendant filed a petition to run for circuit court judge. A registered voter filed a complaint with the county election commission arguing that the defendant did not reside in the judicial district and, consequently, should not be placed on the ballot. The election commission held a hearing on the complaint and voted unanimously to place the defendant on the ballot. The defendant won the election. The plaintiff, the defendant's defeated opponent in the election, filed this election contest based solely on the defendant's alleged failure to meet the residency requirement. The trial court and the Court of Appeals dismissed the complaint. Both held that the substance of the plaintiff's complaint was a challenge of the election commission's administrative decision on the defendant's residency, governed by the 60-day statute of limitations in Tennessee Code Annotated section 27-9-102 for a petition for a writ of certiorari. Because the complaint was not filed within sixty days of the county election commission's final decision, it was dismissed as untimely. On appeal to this Court, we hold that, by necessary implication, the county election commission had the authority under Tennessee's election statutes to hold a quasi-judicial hearing to make a factual determination to resolve the voter's complaint challenging the defendant's residency. We also hold that the county election commission's decision to certify the defendant as a qualified candidate on the ballot was a final administrative decision subject to judicial review by common-law writ of certiorari. The plaintiff, who had actual notice of the county election commission's actions, was \aggrieved\ by the election commission's final administrative decision within the meaning of Tennessee Code Annotated section 27-9-101 and, thus, h
Judges: Justice Holly Kirby
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Cites
70 cases in this archive are cited by this case; the 20 most cited are listed.
- Cleveland Board of Education v. LoudermillSupreme Court· 1985-03-19· cited 6,903×
- Elrod v. BurnsSupreme Court· 1976-06-28· cited 4,553×
- Branti v. FinkelSupreme Court· 1980-03-31· cited 1,881×
- Lee Medical, Inc. v. Paula BeecherTennessee Supreme Court· 2010-05-24· cited 990×
- Michelle RYE Et Al. v. WOMEN’S CARE CENTER OF MEMPHIS, MPLLC Et Al.Tennessee Supreme Court· 2015-10-26· cited 984×
- Federal Election Commission v. AkinsSupreme Court· 1998-06-01· cited 845×
- In Re: Kaliyah S.Tennessee Supreme Court· 2015-01-22· cited 554×
- Bush v. GoreSupreme Court· 2000-12-12· cited 553×
- Owens v. StateTennessee Supreme Court· 1995-10-23· cited 507×
- Houghton v. Aramark Educational Resources, Inc.Tennessee Supreme Court· 2002-11-22· cited 266×
- Calvin Gray Mills, Jr. v. Fulmarque, Inc.Tennessee Supreme Court· 2012-02-24· cited 248×
- McCallen v. City of MemphisTennessee Supreme Court· 1990-03-05· cited 237×
- Leonard Edward Smith v. State of TennesseeTennessee Supreme Court· 2011-12-19· cited 226×
- In Re Virtua-West Jersey Hospital Voorhees for a Certificate of NeedSupreme Court of New Jersey· 2008-04-23· cited 191×
- Larsen-Ball v. BallTennessee Supreme Court· 2010-01-14· cited 167×
- Danny A. Stewart v. Derrick D. Schofield, Commissioner, Tennessee Department of CorrectionTennessee Supreme Court· 2012-05-25· cited 137×
- Knierim v. LeatherwoodTennessee Supreme Court· 1976-10-18· cited 127×
- Lynch v. City of JellicoTennessee Supreme Court· 2006-08-30· cited 125×
- State of Tennessee v. Marcus PopeTennessee Supreme Court· 2013-12-30· cited 122×
- Fallin v. Knox County Board of CommissionersTennessee Supreme Court· 1983-08-29· cited 120×
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