Knoxville leaders consider fighting a state law that changes its elections

A Tennessee law passed in May turned the Knoxville election process upside-down, and city council members unhappy about the intrusion into local control are seeking an opinion from the law department on what it would take to sue to overturn the change.

Knoxville City Council members met with with Nashville legal representatives last week to discuss the concept of home rule, which essentially says lawmakers can't tell cities that operate under a charter how they should operate.

Nashville legal representatives explained their lawsuits that argue the state overreached in several ways.

The new law that bars Knoxville's election system goes into effect Jan. 1. Right now, primary voters in a specific district select their top two candidates to move on to the general election, then voters in the whole city vote for that district's representative.

The new law mandates that only voters in each district can elect their city council representatives.

"I've consistently heard, from across the city, that residents of Knoxville think it's important that they get to vote on all their representatives," District 5 Councilperson Tommy Smith told Knox News. "Given that we have home rule, this seems like the type of thing that should be respected but also decided by Knoxvillians."

He said if Knoxville voters want to change the election system themselves, they could do it through a referendum. Lawmakers from outside Knoxville shouldn't make the decision, he said.

The House bill was introduced by Rep. Elaine Davis, a Republican who lives in Knox County but not within the Knoxville city limits.

Andrew Roberto, 2nd District councilperson and the city's vice mayor, said council members want a legal opinion about whether it's wise to sue the state.

"I would anticipate that decisions would get made in appropriate amount of time ... sooner rather than later," he said. Nashville representatives urged Knoxville leaders to make sure they have a solid case before proceeding.

"This council is smart and thoughtful," Smith said. "It's natural that we would want to get a brief history of what home rule is and hear from people in other cities on how they responds to these kind of, narrow legislation that focuses on one city. And this one did."

What's council's problem with the law?

Council members slammed the law when it was introduced by Davis. While she said the change was meant to reverse disenfranchisement, council members thought it was an attempt to help conservative-leaning candidates win election in the progressive-leaning city.

Davis told Knox News this week she first became aware of Knoxville's election process as the Knox County GOP's vice chair in 2021. The party endorsed a slate of conservative candidates that year, all of whom lost their elections.

Fourth District Councilwoman Lauren Rider referenced the election of 3rd District Councilwoman Seema Singh, a progressive woman of color, in 2017. She came in second during the primary to the more conservative James Corcoran but went on to beat him handily in the general.

"What happens was, all those people who voted for (other candidates in the primary) weren't going to vote for James Corcoran because (they wanted someone progressive)," Rider told Knox News. "So the argument is absurd."

Davis said if the city wants all of its council seats to be elected at-large, it needs to change them to at-large seats.

Knoxville explores following in Nashville's footsteps, might not have a strong case

Knoxville Law Director Charles Swanson declined to talk about the situation, citing attorney-client privilege.

Based on Nashville's precedent, the city could have a hard time challenging the law if they can't prove it was intended just for Knoxville. Laws applicable to the whole state are not protected under home rule status. The change also affects at least one other city.

In a statement issued in April, Davis said the state has final authority on general election law because it impacts multiple communities. Knoxville and Morristown are both cited in the statement.

"It nullifies the argument that (the law) was targeted at one city, because it impacts more than one city," Rider said.

Why are Knoxville's elections unique?

Knoxville's election style has been around since the 1960s, and was created to increase minority representation. But it ultimately can make it harder for Black candidates to win, as it has in the past.

The setup creates the possibility that a Black candidate who wins the primary in a district dominated by minority residents could lose in a citywide election that is dominated by white voters. (District 6 is the city's only one with a majority of minority residents: 43.6% of residents are Black and 13.7% are all other races or ethnicities other than white.)

In 2021, that meant District 6 Council member Gwen McKenzie, who is Black, could have lost her seat to Garrett Holt, who is white, despite finishing first in the District 6 primary by an overwhelming margin (she more than doubled second-place finisher Holt's total primary votes). Ultimately, McKenzie won the District 6 election with more than 57% of the vote.

McKenzie said in March the intent behind Davis' legislation is "disingenuous." She also thinks Knoxville has progressed in the last eight to 10 years and she no longer worries about the possibility of a person of color not being elected to the council.

Singh said she doesn't see the harm in the city's current process as well, telling Knox News in March that if residents decide they don't like it, they can force a change to the system.

Rider said she likes the system because it encourages her to keep the interests of the whole city in mind, not just her district.

"I get to know people in different districts and they can reach out and touch me at the ballot box," she said. "I get to know their issues, their concerns and what their desires are."

In a personal blog post from Feb. 27, Roberto echoed Rider's feelings.

"I believe this proposed change would effectively erase these critical inter-district relationships, decrease voter turnout and dramatically limit citizen engagement," he wrote.

Tyler Whetstone contributed to this report.

Allie Feinberg reports on politics for Knox News. Email her: allie.feinberg@knoxnews.com and follow her on X, formerly known as Twitter, @alliefeinberg.

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This article originally appeared on Knoxville News Sentinel: Knoxville leaders consider fighting a state law that changes its elections