Local election season starts with openings in District 9

Some candidates not adhering to City sign ordinance
Thursday, April 22nd, 2010

Two offices in voting District 9 will be lacking candidates in the upcoming August 5, 2010 election forcing the hand of members of the Board of Commissioners to make appointments in September.

Unless, write-in candidates become certified before noon of the June 16, 2010 deadline.

One of the positions for the Lewis County School Board is currently held by Mike Hinson, who serves as chairman of the elected body.  During 2010 election members representing odd numbered districts will open to the voter’s choice.

Hinson did not qualify as a candidate because he currently holds the position of Lewis County Circuit Court Clerk, Administrator of Elections Connie Ferguson said this week.  According to Tennessee Code Annotated 49-2-202(a)(2), “no member of the county legislative body nor any other county official shall be eligible for election as a member of the county board of education.”

Hinson was appointed by the Board of Commissioners to the position in 2008.

The decision to keep Hinson off the ballot was confirmed by State of Tennessee Coordinator of Elections Mark Goins in a letter to the local election commission April 1, 2010.

Mr. Hinson, an attorney and a member of the Hohenwald City Council, did return the required 25 signatures to qualify before the deadline but due to the state code, reaffirmed in a 2007 Tennessee Supreme Court Case, Jordan v. Knox County, Hinson’s name will not be placed on the ballot in August.

Yet, his school board term might not end if he completes the necessary steps to be a certified write-in candidate and can convince enough voters to request paper ballots during early voting and on election day.  A write-in candidate can win with one vote.

As a write-in candidate, Hinson will not have to resign his position as Circuit Court Clerk.

No other candidate has requested write-in candidate certification, Ferguson said Tuesday, but they do have until June 16, 2010, she added.

In the race for 9th District Commissioner, only one claim has been made for the two seats available this fall.

Lt. Tommy Fransen of the Lewis County Sheriff’s Department will seek a seat in as Commissioner in the district.  With no other qualifying candidate, only a certified write-in candidate could gain the seat without an appointment by the Board.

All nine districts, 18 seats, are open to re-election or the election of a new candidate for the Lewis County Board of Commissioners.  The last day to withdraw a name from the ballot was noon on April 8, 2010.

With early voting beginning July 16 and ending July 31, 2010, the election for county offices is beginning to heat up as candidates and their supporters begin placing campaign signs in yards and in right of ways on public property.

Some candidates may find themselves in violation of the Hohenwald sign ordinance which reads “All election signs are temporary signs (see section 4.089.2) which may be displayed for twelve weeks prior to the election and must be removed seven days after the election.”

The indicated section 4 allows temporary signs to be erected for three weeks per calendar quarter with January as month one.  Specific guidelines apply such as the  owner of the sign must date each sign with day one “in a legible, permanent and weather-resistant fashion.”

“If the temporary sign is not removed by the expiration of the time limit noted in this section, the Codes Enforcement Officer may remove it and charge the costs of removal to the individual or enterprise responsible,” the ordinance further states.

Also noted was only one temporary sign may be used at one time, including banner signs, signs affixed to wooden stakes or metal wires.  “The total sum of all temporary signage displayed at any given time shall not exceed 30 square feet.  At no time shall any temporary signage exceed five feet in height,” the ordinance read.

The ordinance has been in effect since September 7, 2004.

Currently, the City of Hohenwald has one Codes Enforcer, Billy Jackson.  Two other members of the staff at the City are said to be in training to assist Jackson with all codes issues, not only signs.

August 5, 2010, election day, is 16 weeks away.  Many signs appearing within the City limits on public right of way may be in violation of the law and candidates could be charged with violation of the sign ordinance.