He Says Evidence

Includes Known,

Unknown Persons

ByTOM YANCEY

Staff Writer

U.S. Rep. David Davis, R-1st, of Johnson City, said Wednesday he is considering asking the state Republican Party to look into a "systematic" and "well-funded and serious effort" by Democrats seeking to influence last Thursday's GOP primary election.

Davis was apparently defeated by Johnson City Mayor Phil Roe by a margin of almost 500 unofficial votes. The Republican National Committee has declared Roe the winner.

Davis said, "It is increasingly obvious to the Davis campaign that there was a well-funded and systematic effort by outside parties to pervert the Republican primary process."

Davis went on to say, "The evidence obtained to date illustrates that there was a systematic effort by both known and unknown persons to influence the Republican primary election for Congress in the First Congressional District.

"While our detailed data analysis is not yet complete because voter data will not be available until Thursday afternoon, an initial review of the information provided by witnesses and anecdotal evidence shows that many voters who have never voted in the Republican Primary chose a Republican ballot this time," Davis said in the prepared statement.

"Similarly, many voters who had a history of voting to choose the nominee of the Democrat primary chose a Republican ballot this time and many of these were in areas in which Dr. Roe saw heavy support. Because of this evidence, we are considering challenging the results of the recent primary through the process allowed under state law," he added.

'Anecdotal Evidence'

Last Friday, The Greeneville Sun reported Davis saying his campaign had received "anecdotal evidence" of illegal activities related to voting, especially in Washington and Carter counties, but did not specify details.

Davis has retained the services of Jill Holtzman Vogel, an attorney who was involved in the 2000 Florida recount on behalf of the Republican National Committee, and a specialist in campaign law.

Multiple Allegations

Davis stated Wednesday that, "There was a campaign to encourage Democratic Party members to vote in the Republican primary" and to vote against him.

He added, "Evidence we have obtained includes:

* Robocalls conducted in violation of both federal and state law the night before the primary sent to the homes of Democrats encouraging them to vote in the GOP primary and to vote for anyone but Congressman Davis;

* E-mails to Democrats encouraging them to vote in the Republican primary;

* Reports that current and former Democratic party officials voted in the Republican primary;

* Known Democratic activists actively campaigning for Phil Roe."

Davis further stated, "If we decide to go forward with a formal contest of the election results, we will file it with the state party primary board within the five days after certification of the election required by state law."

He added, "The party system and the right of political parties to determine nominees goes to the core of the right of association guaranteed by the First Amendment of the United States Constitution, and has been upheld by the Supreme Court of the United States in California Democratic Party v. Jones, 530 U.S. 567 (2000). Further, Tennessee law provides that people must be bona fide members of the political party in whose primary they seek to vote."

Davis cited section 2-7-115(b) of the Tennessee Code (annotated) for this statement.

That section reads: "A registered voter is entitled to vote in a primary election ... if:

"(1) the voter is a bona fide member of and affiliated with the political party in whose primary 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 voter seeks to vote and states that the voter intends to affiliate with that party."

Jim Holcomb, co-campaign chairman of the Davis Victory Fund, stated in Davis's press release, "This organized activity by those who are not affiliated with the Republican party sets a dangerous precedent that guts the integrity of the primary process."

Holcomb said Davis "is seriously considering a contest of the primary election not simply to determine the winner of the Republican Primary election for the House of Representatives for the 1st Congressional District, but also to preserve the two party systems in Tennessee and to preserve the integrity of the electoral process."

How Process Might Work

State Coordinator of Elections Brook Thompson has told The Greeneville Sun that this law is seldom enforced, and that he has never seen it successfully used except by poll watchers actually making a challenge at a polling place on election day.

Davis said the determination on this question will be made by the state Republican Party Executive Committee, not by Thompson, who is a Democrat.

Persons familiar with the process said that if Davis actually makes a request to the state Executive Committee, that committee will convene to hear it, possibly using a telephone conference call.

If the committee were to decide to call for an election, the party would have to bear the cost, which is said to be about $150,000. The party would then ask the candidate making the request to bear that cost, according to persons familiar with the process.

In his statement, Davis added, "I believe that there is clear and overwhelming evidence that the integrity of this primary was violated unlawfully by huge numbers of Democrats voting to change the outcome of the Republican primary."

Jim Holcomb, co-campaign chairman of the Davis Victory Fund, stated in Davis's press release, "This organized activity by those who are not affiliated with the Republican party sets a dangerous precedent that guts the integrity of the primary process."

Holcomb said Davis "is seriously considering a contest of the primary election not simply to determine the winner of the Republican Primary election for the House of Representatives for the 1st Congressional District, but also to preserve the two party systems in Tennessee and to preserve the integrity of the electoral process."

The statement added, "Anyone having additional information about Democrats voting or being encouraged to vote in last week's Republican Party primary should contact (the Davis campaign) at 423-773-8861."