Bringing a multi-year saga to its likely conclusion, the Tennessee Court of Appeals has unanimously held that a referendum petition filed by an amorphous entity calling itself “4 Good Government” was fatally defective because it illicitly prescribed multiple election dates, rather than complying with the straightforward “prescribe a date” requirement established by Nashville’s Metropolitan Charter. The Court of Appeals additionally held that the underlying litigation was moot, precluding any relief from being awarded at this juncture anyhow. In a pair of amicus briefs filed on behalf of Horwitz Law, PLLC clients the Nashville Area Chamber of Commerce and Save Nashville Now—which the Court of Appeals’ opinion quoted at length—attorneys Daniel A. Horwitz and Lindsay Smith had advanced both positions. Horwitz Law, PLLC’s clients advanced prevailing arguments as amici curiae before the Davidson County Chancery Court as well.
Read the Tennessee Court of Appeals’ unanimous opinion in Case No. M2021-00723-COA-R3-CV here: https://www.tncourts.gov/sites/default/files/davidson.county.election.commission.opn_.pdf
Read the Brief of Amicus Curiae the Nashville Area Chamber of Commerce (asserting a petition defect) here: https://horwitz.law/wp-content/uploads/Brief-of-Amicus-Curiae-Nashville-Area-Chamber-of-Commerce.pdf
Read the Brief of Amicus Curiae Save Nashville Now (asserting mootness) here: https://horwitz.law/wp-content/uploads/Save-Nashville-Now-Amicus.pdf
Selected media coverage regarding the ruling appears below:
The Tennessean: State appeals court rules against election commission in referendum case, legal costs top $720K
The Nashville Post: Appeals court strikes another blow to anti-tax effort
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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.