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 Responding to the state At­torney General’s offhand dismissal of a suit calling for political party affiliation at the city level, a Tullahoma alderman has submitted a fil­ing concerning the action.

Tullahoma Alderman Jenna Amacher said that, “A motion to dismiss is pretty boilerplate. The public was a bit confused and thought that meant we had already lost. The court has not adjudicated their motion to dismiss nor our motion for a preliminary injunction to be able to hold a primary in 2022. We have a case management conference next week and should hear something within 30 days on the motion to dismiss.

“I am co-chairing this lawsuit as both Plaintiff and pro-se and this motion I prepared should be more than adequate to defeat a motion to dismiss.”

The response begins: 

To clarify, the Plaintiff is asserting a violation of her individual constitutional rights, not that of her designated political party. But if it is of consequence to this action, to prove standing, the Plaintiff is a member of the Executive Committee and sits on the board of the Republican Party as the Chairman of the Young Republicans. Plaintiff has been on the ballot previously as an endorsed candidate for a political office in the same political subdivision and asserts that she has different associative rights due to the unconstitutional restriction as a similarly situated candidate. Furthermore, Plaintiff asserts her first amendment rights to political association and speech are infringed upon based on the statutes' prima facie equal protection violation.

 

According to Tennessee Attorney General Herbert Slatery III. Alderman Jenna Amacher lacks the standing to sue the state of Tennessee and the Tennessee.

Amacher has sued the state to prohibit the enforcement of section 2-13-208 of state statute, which prohibits municipalities from holding partisan primary elections; instead, all municipal elections are nonpartisan unless a municipality’s charter allows for it. It was filed in the U.S. District Court for the Middle District of Tennessee in August.

According to Slatery, the Eleventh Amendment prohibits citizens from suing their own state or one of its agencies in federal court unless there has been a waiver by the state. This prohibition also prohibits the type of relief Amacher is seeking—injunctive relief.

Slatery also claims Amacher lacks standing because she claims her political party is not allowed to “spread its message and hamstrings voters seeking to inform themselves,” rather than herself.

John has been with the Manchester Times since May 2011. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories. John is a 1994 graduate of Tullahoma High School, a graduate of Motlow State Community College and earned a Bachelor of Arts in English from Middle Tennessee State University. He lives in Tullahoma, enjoys painting, dancing and exploring the outdoors.

Staff Writer

Download the free Manchester Times mobile app at the app store. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories.

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