DAVIS STATEMENT ON PRIMARY ELECTION
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Johnson City, TN – Congressman David Davis today issued the followingstatement in response Tennessee’s First Congressional District Republicanprimary:
“We live in a blessed nation. God has given me the great honor to serve the people of East Tennesseein the state legislature for eight years and in Washington as the Congressmanfrom the 1st Congressional District for the past two years. For that I will be forevergrateful!
The people of East Tennessee, both democrats and republicans, are someof the best people on earth. They are hard working, liberty loving and selfreliant. Over the past week I haveattempted to point out the harmful nature of crossover voting during Partyspecific elections, commonly known as “primaries”.
This crossover voting is not only illegal under Tennessee state law --it is harmful to our very system of government.
The right of political parties to determine their own nominees goes tothe core of the associational rights guaranteed by the First Amendment of theUnited States Constitution and it has been upheld by the Supreme Court of theUnited States.
“In no area is the political association’s right to exclude moreimportant than in the process of selecting its nominees. Referring specifically to“malicious crossover voting, or raiding,” the Supreme Court recognized that “asingle election in which the party nominee is selected by nonparty memberscould be enough to destroy the party.”
Tennessee law recognizes the important associational rights of politicalparties, and it makes clear that people must be bona fide members of thepolitical party in whose primary they seek to vote. While some people have asserted that Tennessee has an “open”primary system, this is simply not the case.
Rather, state law is clear that voters seeking to cast a ballot in aparty primary are only eligible if one of two conditions are met: (1) “thevoter is a bona fide member of and affiliated with the political party in whoseprimary the voter seeks to vote” or (2)“at the time the voter seeks to vote,the voter declares allegiance to the political party in whose primary the voterseeks to vote and states that the voter intends to affiliate with that party.”
This law not only protects the rights of republican voters in theirprimary elections, it also protects the rights of democratic voters in theirprimary elections.
For instance, it is unfortunate but it appears that some members of myown party used this same crossover voting technique in West Tennessee tosubvert the will of democratic voters in a very close State Senate race.
When members of the opposing party participate in the other party’sprimary unlawfully they are weakening the two party system that is central toour very form of government.
There is clear and overwhelming evidence that the integrity of theAugust 7, 2008 Republican primary was violated by large numbers of crossovervoters who voted to change the outcome of the Republican primary.
Both candidates and political parties should think twice before theyviolate the letter or intent of this law. If this law is violated we are setting a very dangerousprecedence for the future.
We can not hope to maintain our rights as a free nation if we arewilling to infringe one of our precious liberties – the right to vote. Elections do matter!
It is my sworn Constitutional duty as an elected representative to fightfor the rights of all citizens without regard to their political partyaffiliation. I hope that I havemade the point that the rule of law matters in America and that the votingrights of both parties should be protected. That has been my goal since my very first election and sincethe republican primary election last Thursday.
I am announcing today that even though I have the law on my side, I havedecided not to pursue an election contest with the Republican Primary Board. I love East Tennessee and I loveAmerica, therefore it is in the best interest of everyone concerned that Iconcede the election to my primary opponent. I have contacted Mr. Roe and made him aware of my decision.
May God Bless the First Congressional District and may God BlessAmerica.