Case Summaries 
of Importance to Counties

2017 Elections

• McFarland v. Pemberton, No. E2014-02176-SC-R11-CV, (Tenn. 2017)—Unsuccessful candidate in election for circuit court judge filed election contest seeking to overturn election based on assertion that successful candidate was not a resident of the judicial district.  Both the trial court and court of appeals dismissed the complaint.  The state supreme court upheld the dismissal.  According to the court, even though the complaint was styled as an election contest, it was really a challenge to the election commission’s decision on the candidate’s residency.  The Court found that the election law provided implicit authority for the election commission to hold quasi-judicial hearings in order to carry out its duty to place qualified candidates on the ballot.  As such, the decision by the election commission was subject to review by writ of certiorari, which must be filed within 60 days of the final decision.  As the complaint was filed outside that window, it was untimely and should be dismissed (September 20, 2017).