But Congressman

Questions Legality

Of Crossover Votes

By BILL JONES

Staff Writer

U.S. Rep. David Davis, R-1st, of Johnson City, on Friday conceded his defeat by Johnson City Mayor Phil Roe in the Aug. 7 Republican congressional primary.

Rep. Davis said he had delayed conceding the primary victory to Roe on constitutional grounds.

In a lengthy press release, the one-term congressman charged, "There is clear and overwhelming evidence that the integrity of the Aug. 7, 2008, Republican primary (in the 1st Congressional District) was violated by large numbers of crossover voters who voted to change the outcome of the Republican Primary."

The Greeneville Sun reported on Friday that Davis said in an interview that his campaign had received "anecdotal evidence" of alleged illegal activities related to voting, especially in Washington and Carter counties, but he did not specify details.

Earlier this week his office announced that Rep. Davis had retained the services of nationally-known attorney Jill Holtzman Vogel, of Washington, D.C.

A specialist in campaign law, Vogel was involved in the 2000 Florida Presidential Election recount on behalf of the Republican National Committee.

Offers Roe Congratulations

In two separate telephone interviews Friday morning, Davis confirmed to the Sun that he had conceded defeat in a telephone conversation with Mayor Roe.

Asked if he planned to support Roe during the upcoming congressional election campaign, Davis said: "I am a Republican, and I plan to do what is best for East Tennessee."

Dr. Roe, a retired physician, also confirmed Davis' concession during a telephone interview late Friday morning.

Roe said he was "extremely happy" to have the primary contest at last behind him.

He said Congressman Davis had telephoned his home about 10:30 a.m. and had spoken to his wife, who, in turn, telephoned him at Johnson City's city hall. "I was signing some contracts," Roe said.

Roe said he then returned Rep. Davis' phone call and was offered congratulations by the congressman.

"He said he wanted us to work together to put the (Republican) Party back together before the Nov. 4 election," Roe said.

In the general election on Nov. 4, Roe, the GOP nominee, will be opposed in this traditionally Republican congressional district by Democratic Party Primary winner Rob Russell, of Kingsport, as well as by independent candidates.

Roe noted that he plans to visit Greene County again next week.

While campaigning here recently, he said he had met three veterans of World War II's Battle of the Bulge at a Hardee's restaurant. "I want to come back to hear their stories," he said, terming the three veterans "heroes."

'Illegal . . . And Harmful'

In Rep. Davis' news release Friday afternoon, the congressman maintained, "This crossover voting is not only illegal under Tennessee state law -- it is harmful to our very system of government."

He went on to say, "This law not only protects the rights of Republican voters in their primary elections, it also protects the rights of Democratic voters in their primary elections.

"For instance, it is unfortunate, but it appears that some members of my own party used this same crossover voting technique in West Tennessee to subvert the will of Democratic voters in a very close State Senate race."

"Both candidates and political parties should think twice," he said, "before they violate the letter or intent of this law. If this law is violated, we are setting a very dangerous precedence for the future.

"We cannot hope to maintain our rights as a free nation if we are willing 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 fight for the rights of all citizens without regard to their political party affiliation.

"I hope that I have made the point that the rule of law matters in America and that the voting rights of both parties should be protected.

"That has been my goal since my very first election, and since the Republican primary election last Thursday."

He concluded, "I am announcing today that, even though I have the law on my side, I have decided not to pursue an election contest with the Republican Primary Board.

"I love East Tennessee, and I love America; therefore it is in the best interest of everyone concerned that I concede the election to my primary opponent. I have contacted Mr. Roe and made him aware of my decision.

"May God Bless the 1st Congressional District, and may God Bless America."

State GOP Praises Decision

By Friday afternoon, state Republican Party officials had posted on the party's Internet Web site a notice praising Davis' decision not to formally contest the primary's result.

"Congressman Davis' decision to let the voters of the 1st District, rather than a parade of lawyers, courts and committees, have the final say on who they wish to represent them in Congress represents the best traditions of American democracy," said Robin Smith, chairman of the Tennessee Republican Party.

"State law permits voters to declare at the polling place which party's primary they wish to participate in: a system that allows Tennesseans to vote for the man or woman they believe is best for the job," Smith said in the statement.

She continued, "Unless an election result has been compromised by actual voter fraud such as false identity or votes cast by the dead, we believe the will of the voters as expressed at the ballot box on election day should be respected."

"David Davis has served his community honorably and with distinction first as a state legislator, then as a member of Congress, and now by his decision to let the people's vote stand without challenge," Smith said.

Hawk Declines To Comment

Locally, efforts to reach Greene County Republican Party Chairman Robert Foster for comment on Friday afternoon were unsuccessful.

A spokesman at Foster's law office said Friday afternoon that Foster was in a meeting and unavailable for comment.

State Rep. David Hawk, R-5th, of Greeneville, declined comment on Congressman Davis' decision to concede.

"I've tried to stay out of this," Hawk said. "I have some thoughts, but I'm going to keep them to myself."