Payne v. Ramsey

Decision Date27 December 1979
Citation591 S.W.2d 434
PartiesFrank Robert PAYNE, Appellant, v. Harold "Whitey" RAMSEY, June Brackett and David Collins, Appellees.
CourtTennessee Supreme Court

James D. Hutchins, Hutchins & Estes, Athens, for appellant.

Roger E. Jenne, Elliot, Goode, Jenne Varnell & Scott, Cleveland, for appellees.

OPINION

FONES, Justice.

This is an election contest arising from the sheriff's election held in Polk County on August 3, 1978. Appellee, Harold "Whitey" Ramsey, was the incumbent Democratic candidate, and appellant, Frank Robert Payne was the Republican challenger. The official tabulation declared Ramsey the winner by 137 votes. In the precinct voting Payne received 2182 votes, and Ramsey received 2023 votes. In the absentee voting Payne received 20 votes, and Ramsey received 316 votes.

Payne filed suit in Polk County Chancery Court under T.C.A. §§ 2-1712 and 2-701 Et seq.. Alleging irregularities in the absentee and precinct voting and seeking to have the election declared void or a tie or that he be declared the winner. At the close of appellant's proof the chancellor overruled appellee's motion for summary judgment but held that the asserted irregularities in the precinct voting were not of such magnitude to require voiding those votes. Appellee was required to defend against only the alleged irregularities in absentee voting. At the close of all the proof, the chancellor took the case under advisement and on November 7, 1978, rendered his decision. Of the absentee ballots, the chancellor invalidated 37 because no reason for voting absentee was given, 2 because of incomplete affidavits, 10 because of discrepancies in the signatures, and 2 because the voters applied for absentee ballots when they knew that they would be in Polk County on election day. The chancellor refused to void the election or change the result because the fraud was not so prevalent "that the election results did not express the will of the majority. Also, there (was) no proof of irregularities with a sufficient number of the absentee ballots that would change the outcome." The election contest was dismissed.

Appellant has raised fifteen assignments of error that we will treat in four groups for purposes of convenience. First, appellant contends that the trial court erred in failing to void precinct votes for voters who voted in the wrong precinct, who voted when their names did not appear on the permanent registration list, and who did not sign the poll lists. From our examination of the record we agree with the Chancellor that these irregularities are not of such magnitude to justify voiding the votes cast in these precincts. This is not to suggest that statutory directives on voting procedure should be regarded as frivolous and inconsequential. We find only that these irregularities did not amount to fraud that would affect the result or make the outcome uncertain. Summit v. Russell, 199 Tenn. 174, 285 S.W.2d 137 (1955).

Appellant's second assignment of error asserts that appellee's election was void because appellee was ineligible to be a candidate in the Democratic primary held in May 1978. This assignment of error must fail because of appellant's lack of standing to sue. Appellant is the Republican candidate challenging the results in the general election, however, the basis of appellant's challenge is appellee's eligibility in the Democratic primary election. Under the circumstances of this case, T.C.A. § 2-1704 limits standing to Democratic candidates who opposed appellee in the primary. See Dobbins v. Crowell, 577 S.W.2d 190, 193 (Tenn.1979).

Appellant's third assignment of error challenges the propriety of the chancellor's decision to permit appellant's handwriting expert only two days in which to examine documents, specimens, and other related evidence. Appellant has failed to demonstrate any abuse of discretion or prejudice arising from the Chancellor's ruling. See T.R.C.P. Rule 34; Harrison v. Greeneville Ready-Mix, Inc., 220 Tenn. 293, 417 S.W.2d 48 (1966). The assignment is overruled.

Appellant's fourth group of assignments of error focuses on alleged improprieties in the absentee voting. The chancellor reviewed these allegations and concluded that fifty-one absentee votes should be...

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32 cases
  • Roe v. Mobile County Appointment Bd.
    • United States
    • Alabama Supreme Court
    • March 14, 1995
    ...applied with respect to Tennessee election laws generally, a strict compliance standard applied to absentee voting laws); Payne v. Ramsey, 591 S.W.2d 434 (Tenn.1979) (stating that improperly executed affidavits were reason to reject absentee ballots); but cf. Lanier, supra, which also state......
  • Boyd v. Comdata Network, Inc.
    • United States
    • Tennessee Court of Appeals
    • April 30, 2002
    ...discovery issues address themselves to a trial court's discretion, Benton v. Snyder, 825 S.W.2d 409, 416 (Tenn.1992); Payne v. Ramsey, 591 S.W.2d 434, 436 (Tenn.1979); Harrison v. Greeneville Ready-Mix, Inc., 220 Tenn. 293, 302-03, 417 S.W.2d 48, 52 (1967), as do decisions regarding the app......
  • Owen of Georgia, Inc. v. Shelby County
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • June 17, 1981
    ...a city is an inherently public matter, it may only be redressed in an action brought by a representative of the state. In Payne v. Ramsey, 591 S.W.2d 434 (Tenn.1979), a Republican candidate in a general election was denied standing to contest his Democratic opponent's eligibility to have be......
  • Deuel v. The Surgical Clinic
    • United States
    • Tennessee Court of Appeals
    • August 16, 2010
    ...N. Am., Inc., 146 S.W.3d 600, 604 (Tenn. Ct. App. 2004) (citing Benton v. Snyder, 825 S.W.2d 409, 416 (Tenn. 1992); Payne v. Ramsey, 591 S.W.2d 434, 436 (Tenn. 1979); Harrison v. Greeneville Ready-Mix, Inc., 417 S.W.2d 48, 52 (Tenn. 1967)). Thus, we review the trial court's denial of the mo......
  • Request a trial to view additional results

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