Update on the Robby Starbuck ballot access battle. Robby’s legal team has until 10:00am in the morning, Thursday, to file a response to move to vacate the June 3rd order.

by Rod Williams, June 8, 2022- Here is an update on the Robby Starbuck ballot access saga.

As it stands now, the Tennessee Secretary of State, Tre Hargett, and Commissioner of Elections, Mark Goins, on June 7th filed a petition for Common Law Writ of Certiorari and Supersedeas, requesting that the Court of Appeals vacate Judge Perkins’ June 3rd order. That was the order that placed Starbuck back on the primary ballot last week and ruled that the Tennessee Republican Party violated the Open Meetings Act by holding a closed-door meeting to kick him off of the ballot. 

Further, concurrent on the 7th the Tennessee Republican Party filed a motion for the TN Supreme Court to Assume Jurisdiction pursuant to the Court’s Rule 48. Earlier today the Supreme Court granted the motion for them to assume jurisdiction of the case.  They have given Robby’s legal team until 10:00am in the morning, Thursday, to file a response.

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State Supreme Court granted an appeal of a lower court's decision that put Robby Starbuck back on the Republican primary ballot. Robby is probably going to get kicked off the ballot again.

Robby Starbuck

by Rod Williams, June 8, 2022- Today the State Supreme Court granted to the State of Tennessee an appeal of a lower court's decision that put Robby Starbuck back on the Republican primary ballot. The appeal was filed yesterday and granted today. Starbuck was placed back on the primary ballot last week after a county court ruled that the Tennessee Republican Party violated the Open Meetings Act by holding a closed-door meeting to kick him off of the ballot.

Signatories on the petition include Tennessee Republican officials such as Attorney General Herb Slatery.

Now, I assume Bobby Starbuck will answer the appeal quickly and the Supreme Court will quickly reach a decision. I suspect the decision will again remove Starbucks from the ballot. 

Stay tuned for an update. 

While Robby Starbuck did not gain former President Trump's endorsement, Robby seems more Trumpinista than the candidate Trump did endorse. Starbuck has the support of Senator Rand Paul, was a speaker at CPAC, and has appeared on Fox News and other national talk shows. There is national interest in his campaign.

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Tennessee's Starbuck granted injunction, back on 5th Congressional Republican primary ballot

by Jon Styf | The Center Square, June 4, 2022-  Robby Starbuck was ordered to be placed back on the Republican ballot for the Aug. 4 primary in the 5th Congressional District in Tennessee after a judge granted his request for a temporary injunction on Friday night.

Starbuck had previously lost a request for an injunction in U.S. District Court but was granted the injunction by Chancery Judge Russell Perkins in Davidson County Chancery Court.

Perkins ruled that Tennessee’s Republican Party violated the state’s Open Meetings Act by voting 13-3 against his Tennessee Republican bonafides at a closed meeting.

"All other appropriate public officials are expected to immediately take steps to treat the Defendants’ April 11, 2022, decision as a nullity and restore Plaintiff, Robby Starbuck Newsom, also known as Robby Starbuck, to the ballot," Perkins wrote.

Tennessee Republican Party Chair Scott Golden told The Tennessee Star Saturday that the party would appeal the decision.

Starbuck’s lead attorney Eric Osborne of Nashville's Sherrard, Roe, Voigt and Harbison had argued the case in front of Perkins on Thursday, requesting the injunction based on the state law portion of the prior suit, including an open meetings claim against Tennessee's Republican Party.

"During a call with Mr. Starbuck in March, the TRP first indicated its meeting to decide the merits of the complaint against him (which would eventually take place on April 19, 2022) would be public," the suit claimed. "However, just days before the April 19 meeting, the TRP informed Mr. Starbuck he could participate by Zoom — but it would not be a public meeting. And, in fact, within 24 hours of that meeting, the TRP informed Mr. Starbuck that his representatives could not join him if he attended. And, ultimately, on the day of the meeting, the TRP told him he could not participate, either."

"BREAKING: WE DID IT! WE WON our court case!," Starbuck tweeted. "The court has instructed @TNGOP to tell the state that their decision to kick me off the ballot is invalid! Tennessee needs a fighter and we've proven with my relentless pursuit of Justice that I'll be the fighter TN needs!

"Lastly I want to make clear that when I say WE WON, I mean you, me, my family, justice, goodness, free and fair elections and most of all, faith WON. Faith guided me against all odds and advice. I trusted God and WE WON! Tennessee's NOT Cuba and voters WILL decide our election!"

Trump-backed Morgan Ortagus and Baxter Lee were also removed from the ballot by the Tennessee GOP on the same day.

In mid-May, U.S. District Judge Waverly D. Crenshaw denied Starbuck's request for an emergency injunction based on federal law and instead sent that lawsuit to a magistrate judge.

Starbuck had filed the case against Golden, Tennessee Secretary of State Tre Hargett and Tennessee Coordinator of Elections Mark Goins.

In his ruling, Crenshaw said that there was a question whether Golden was a state actor in his position as GOP chair. He also said that the court was not in charge of the GOP's executive committee following its own rules on the vote to remove Starbuck and the others from the ballot and said that a new state law limiting which candidates could run for the position was irrelevant after Hargett said it could not be enforced because it became law after the candidate filing date.

That law is subject to a separate suit, which Crenshaw cited, on behalf of Ortagus in front of Judge Eli Richardson.

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Robby Starbuck is back on the ballot! Watch The Tennessean video interview.

The Tennessean, June 4, 2022 - A Nashville judge has ordered the Tennessee Republican Party to reinstate Robby Starbuck to the 5th congressional Republican primary. The ruling, issued Friday evening by Davidson County Chancellor Russell Perkins, stated the Tennessee Republican Party's executive committee violated the state open meetings act when it removed Starbuck from the ballot. 

In April, the state party removed Starbuck, Morgan Ortagus and Baxter Lee from the 5th congressional district primary for not meeting its bonafide Republican requirements. (read more)

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Starbuck files lawsuit to be added to Tennessee's 5th Congressional Republican ballot

Robby Starbuck

By Jon Styf | The Center Square, May 3, 2022 -  Former Republican 5th Congressional District candidate Robby Starbuck has filed suit in federal court stating that he should be placed back on the ballot for the Aug. 4 Republican primary.

The suit claims that the Tennessee Republican Party did not follow its own bylaws, incorrectly held a private meeting and then came to a conclusion that Starbuck, Morgan Ortagus and Baxter Lee were removed from the ballot.

It also claims that at least one member of the voting board voted against both Starbuck and Ortagus based upon a new residency law passed in the state and not based upon the party's bylaws.

"The abrupt removal of Mr. Starbuck and Ms. Ortagus from the 5th District Republican race clears the way for Beth Harwell, former Chair of the TRP and former speaker of the Tennessee House of Representatives," according to the suit, filed in the U.S. District Court for the Middle District of Tennessee.

The defendant names on the suit are Tennessee GOP chair Scott Golden, Tennessee Secretary of State Tre Hargett and Tennessee Coordinator of Elections Mark Goins.

Starbuck’s suit says that he was told he was removed by a 13-3 vote because he lacked Republican "bona fides" and that he had not voted in the required three of four past Republican primaries. But the bylaws actually allow for letters attesting to a candidates Republican bona fides to take the place of that voting.

"On a call on April 19, 2022, after the vote, Defendant Golden told Mr. Starbuck that no candidate had ever provided so many vouching letters and still been removed from the ballot," the suit stated. "Indeed, he would discover that some Republicans had been permitted to compete in primary elections with neither a qualifying voting record, nor vouching letters."

Starbuck said that one member of the committee stated that she voted against Starbuck not on the basis of his voting record but due to a new state law that became law without Gov. Bill Lee’s signature that requires party primary candidates to have lived in the state for three years before running.

Hargett, through a spokesperson, said that law would not impact this primary because it became law after the filing deadline.

"On information and belief, subcommittee member Angie McClanahan has stated that her vote to end Mr. Starbuck’s candidacy was specifically not based on his voting record," the suit states. "Instead, she has informed others that her vote was based solely on a state law, referring to Tennessee’s new — and inapplicable — residency law, to disqualify Mr. Starbuck."

Three Tennessee residents filed suit against the law on behalf of Ortagus.

Starbuck’s suit states that he moved to Williamson County in Dec. 2018 and has been working with Republican candidates since, saying he has "raised and spent over $100,000 in reliance on the TRP’s rules in its Bylaws" already on his campaign.

Starbuck’s suit also claims that the Republican Party violated the Tennessee Open Meetings Act when it voted to terminate his candidacy. Starbuck states in the suit that he was, at first, told the vote would occur at a public meeting, later that he could participate via Zoom and then later told he could not participate at all.

Starbuck also held that the ruling is against the qualifications clause of the U.S. Constitution because it adds "substantive qualifications for federal office that are not in the Constitution."

Starbuck claims he has submitted evidence from hundreds of Tennessee voters, Republican leaders and politicians backing his Republican bona fides.

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Robby Starbuck, barred from Republican primary ballot, sues GOP and the state. Morgan Ortagus, the Trump-backed candidate who was also blocked from the primary ballot, is not challenging the decision.

Read all about it: link.

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Heritage Foundation does a sloppy job explaining, "Why Tennessee’s New Residency Requirement for Congressional Candidates Is Blatantly Unconstitutional."

by Rod Williams, May 1, 2022- The Heritage Foundation is one of the policy thank-tanks that I have long supported.  Generally, I find their analysis and policy positions well-reasoned. I seldom disagree with Heritage and am often enlighted and educated.  

Resently Heritage posted an essay by  Hans A. von Spakovsky  entitled, "Why Tennessee’s New Residency Requirement for Congressional Candidates Is Blatantly Unconstitutional."  In it, he explains that the Constitution lays out the qualifications for those running for Congress and that states may not add additional requirements. 

I don't doubt he is right, as far as he goes.  However, I think this is a sloppy piece of work. During the consideration of the bill, this issue addressed by Mr. Spaakovsky was discussed. Those who sponsored the bill argued that by passing the bill, they were not adding new requirements to run for Congress; they were adding requirements to seek the nomination of a political party in a primary election.  Those denied the opportunity to run in a primary due to the new residency requirement may still run as an independent. 

Maybe that reasoning is faulty. I am not convinced that the argument will hold water. In any event, Mr. Spakovky should have addressed that argument. He just ignored it.

I am not sure the new law will be challenged in court. Primarily, because for the upcoming election the law is not in effect.  Governor Bill Lee did not sign the law and it became law without his signature. While waiting for it to become law, the qualifying deadline came and went. Laws cannot be retroactive. So, if the law is legal, and unless it is challenged it will be assumed to be legal, it will not apply to the upcoming primary but to the next primary for Congressional candidates. The law is keeping no one off the ballot.

Also, it should be noted that the candidates the law was aimed at keeping off the ballot, are at this time not on the ballot. They are not off of the ballot because of the new law, but because the Tennessee Republican Party Executive Committee ruled they were not eligible.  The ineligibility was for the same residency reason as the law.  Parties get to decide who can run under their label. The Executive Committee's decision was not based on law but on party policy.

For the record, I do not think candidates Morgan Ortegas and Robbie Starbuck should have been kicked off the ballot. If Fifth Congressional primary voting Republicans think that these candidates do not merit becoming the party's candidate let that be determined at the ballot box.  At the same time, I do not demonize the members of the Executive Committee as RINO's, liberals, insiders, the swamp, or thugs as some Republicans have done.  I respectfully disagree with the decision of the Executive Committee.

At this point, I do not know what recourse the removed candidates have. My Spakovky sheds no light on this issue. 

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Robby Starbuck responds to being kicked off the ballot in this fund-raising email. He needs to take a deep breath and get a grip

by Rod Williams, April 20, 2022 - I just received the following email fundraiser from Robby Starbuck. 

While I disagree with the decision of the TNGOP to remove him from the ballot, I think it was not a "startling concession to corruption." Also, I probably know some of these seventeen people who made up the committee who voted to remove Starbuck from the ballot or know of them. People I know who serve in the GOP as county or state officials, are unpaid and voluntarily give of their time and often their finances to serve the Party and the community. "Establishment operatives," does not describe them. They are hardly "the swamp," and they are not "thugs."

Starbuck tries to wrap himself in the Donald Trump flag by calling himself an unapologetic Pro-Trump candidate. However, don't forget. He does not have Trump's endorsement. Trump has endorsed Ortagus. 

Also, while I disagree with the TNGOP in knocking Starbuck off the ballot, to compare Tennessee to Communist Cuba is over the top and just nonsense. 

I know Starbuck is disappointed and probably angry and anger and inflamed rhetoric sell well among a lot of Republicans these days, but Starbuck needs to take a deep breath and get a grip. The tone of this letter reinforces my opinion that Robby Starbuck should not be the GOP's 5th Congressional district candidate.

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TNGOP Disqualifies Morgan Ortagus, Robby Starbuck, and Baxter Lee from TN-5 GOP Ballot

by Aaron Gulbransen, Tennessee Star, April 19, 2022 - ... Morgan Ortagus, Robby Starbuck, and Baxter Lee are no longer candidates for the TN-5 GOP nomination after a vote by a select committee of the Tennessee Republican Party.

The select committee voted not to restore Robby Starbuck, Morgan Ortagus, who was endorsed by former President Donald Trump one week before she announced her candidacy,  and Baxter Lee to the ballot after they were previously removed because of verified challenges to their bona fide status.Starbuck had previously threatened a lawsuit if his status was challenged. It is currently unclear if he or any of the other disqualified candidates will pursue a legal challenge. The TNGOP’s ruling is on very strong legal ground and is protected by statute. (Read more)

Rod's Comment: I am disappointed. As Ms Ortagus said after the select committee made its decision,  "I believe that voters in Middle Tennessee should pick their representative – not establishment party insiders. (1)" 

If you think Starbuck and Ortagus are carpetbaggers, don't vote for them.  I am undecided as to whom I am going to vote for in the 5th Congressional district, so it is not as if I am disappointed because my preferred candidate got booted off the ballot. In fact, I am inclined not to vote for Ortagus, primarily because I do not want to see Trump-endorsed candidates elected. I want President Trump's power and influence to wane. Also, the fact that she can not even name the interstate that bisects the district she wants to serve makes me inclined not to support her candidacy.  I am also not inclined to support Starbuck and don't know enough about Baxter to have an opinion. 

If I shouldn't vote for Ortagus or Starbuck because they are new to the district, let their opponents make the argument and let me decide. If I should not vote for Baxter because in 2020 he voted in a Democrat presidential primary, then make that case in the campaign and let me decide.

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Morgan Ortagus, Robby Starbuck, Baxter Lee Removed from the TN-5 GOP Primary Ballot – for Now

Tennesee Star, April 10, Goodlettsville, TENNESSEE–Morgan Ortagus, Robby Starbuck, Baxter Lee, and Stewart Parks were removed from the August 4 GOP primary ballot in Tennessee’s 5th Congressional District on Saturday by the Tennessee Republican Party State Executive Committee (SEC). All four, however will have an opportunity to request that the SEC restore their names to the GOP primary ballot before the SEC sends its final list of candidates qualified to appear on the GOP primary ballot to the Tennessee Secretary of State on April 21. (link)

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Who is running for Congress in the 5th Congressional District?

 NASHVILLE, Tenn. (AP) - ...The Republicans who filed for the 5th District include former Tennessee House Speaker Beth Harwell, small businessman Baxter Lee, Maury County Mayor Andy Ogles, former U.S. State Department spokesperson Morgan Ortagus, video producer Robby Starbuck and retired National Guard Brig. Gen. Kurt Winstead.

Other Republicans who filed include Geni Batchelor, Jeff Beierlein, Natisha Brooks, Sarah A. Grams, Richie Lee, Timothy Bruce Lee, Stewart T. Parks and Tres Wittum.

Democratic filers include state Sen. Heidi Campbell, who recently announced her campaign, and Justicia Rizzo. 

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We Need A Nation That Values Freedom - Interview w/ Robby Starbuck

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Robby Starbuck Posts F-bomb Laced Video After The Tennessee Star Questioned Him About His Primary Voting Record

 

by Rod Williams, Jan. 31, 2022- This is clever. It made me laugh out loud.  If you are deeply offended by the use of "the F word," this will probably not endure you to Robbie Starbuck, but if you are desensitized to some foul language then you will like this.  

Starbucks takes a segment from the movie The Wolf of Wall Street and superimposes his head and the heads of his prominent supporters over the heads of the actors in that movie.  The segment shows an under attack character being defiant. 

To read The Tennessee Star report on this, follow this link. 

To view the Twitter video, follow this link. 

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Nut-job U.S. Representative Marjorie Taylor Greene Endorses Robby Starbuck for Tennessee’s Fifth Congressional Seat

by Rod Williams, Jan. 28, 2022- US Congressman Marjorie Taylor Greene (R-GA-14), the poster child for nut-job Republicans, has endorsed Robby Starbuck in his race for Tennessee’s Fifth Congressional District.  While this does not totally disqualify Robbie Starbuck in my estimation, this endorsement makes me considerably less inclined to favor his candidacy, certainly not more inclined.   Starbuck could regain his lost ground if he would disavow this endorsement. 

Marjorie Taylor Greene is a Q-anon supporter.  She was a regular contributor to a conspiracy website. She has supported almost every right-wing conspiracy theory circulating. She touts the Pizzagate theory, the Clinton Kill-list, mass shootings as a false flag theory, and 9-11 as an inside job theory.  She has advocated executing Democrat politicians.  She has equated the Democrat Party with Nazies. She continues to claim Trump won the election in a landslide and that the election was stolen.  Her Covid-19 theory is that Dr. Fauci is criminally liable for helping create the virus as a bio-weapon. She has suggested that space lasers caused fatal wildfires in California. Can we admit, she is a class A nut-job?

While Marjorie Taylor Green is a strong supporter of former President Donald Trump, Trump has not endorsed Robbie Starbuck.  Former President Trump is supporting another potential candidate for the Fifth Congressional District. Trump is supporting former State Department spokesman Morgan Altergas. 

For more see link, link, link.

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