WJLE Radio

As early voting begins today (Friday, July 17) for the August 6 elections, questions have surfaced about whether two write-in candidates are legally qualified to serve if elected in the Alexandria Municipal Election.

Charles A. (Tony) Bates has filed to be a certified write-in candidate for mayor and Susan Wooten Holmes as a four-year alderman candidate. Neither name appears on the August 6 city election ballot and while both own property and businesses inside the city, neither apparently resides there which is the basis for a recent opinion sought and received by MTAS, the UT Municipal Technical Advisory Service which offers each of the state’s cities and town governments advice and assistance on legal matters. Bates apparently lives in Wilson County and Holmes in Smith County, near the Alexandria city limits

In summary, Melissa Ashburn, Legal Consultant for MTAS wrote that “A person who does not reside inside the Alexandria town limits is disqualified from holding any town office, under both the town charter and state law. If the write in campaign is successful and this person wins the election, they may not legally be sworn into office”. (READ THE COMPLETE MTAS OPINION BELOW)

WJLE reached out to both Bates and Holmes Thursday night and both suggested a double standard is being applied to them when others on the town council are allowed to serve and their own legal residency has been called into question.

“It’s pretty comical when it matters when I am running and it doesn’t when the other two are already in there” (referring to Aldermen Bobby Simpson and Luke Prichard). “Why do laws matter now when they didn’t for the others,” said Bates.

When asked for a further response, Bates said “You’ll find out tomorrow (Friday). I’ve got TV people I’ve already talked to. It’ll be a good story I promise you,” said Bates.

When asked if she would contest the MTAS opinion, Holmes told WJLE “No sir, I’m not going to contest it but if I leave (the race) the others have to as well (referring to Bates if he wins along with Incumbent Aldermen Simpson and Prichard who are also property and business owners there). ” I believe I should not be singled out as long as the others are on the board that do not live in the city limits as well. Bobby Simpson does not live in Alexandria, but he is on the board. His driver license says he has the address of a car wash”, said Holmes. “Luke Prichard’s residence is annexed out. He is not in the Alexandria city limits, yet they are on the board and have been making decisions for Alexandria for a year,” added Holmes”

“My driver license shows that I live in Smith County. I do have a business that brings in revenue and I have been here for seven years. I also have a residence address, not that I live there, but a residence address on Gin Alley which is the back side of my building. I am within a mile and a half of my store at any time of the day. I do not live at Brush Creek or Gordonsville. I am (live) a mile and a half past my store,” said Holmes.

Holmes said before she chose to launch her write-in campaign she sought from the election commission answers to questions she had. “I said I Iive in Smith County. Can I run as a write-in candidate? The response was yes you can but if someone challenges you with an attorney we cannot (don’t have the authority) to step in and help you,” said Holmes.

WJLE then contacted DeKalb Election Administrator Dustin Estes Thursday night for a statement on what the state law requires for write-in candidates.

“According to Tennessee State Election Law, in order to have votes counted for a write-in candidate in local elections, the candidate must file a Certificate of Write-In to the county election commission no less than 50 days Noon before the election,” said Administrator Estes in a prepared statement.

“With the exception of Road Superintendent, qualifications of write-in candidates are NOT reviewed by the election commission”.

“In the event a write-in candidate wins an election but does not meet the statutory requirements for that particular office, the election commission has no role of authority in determining if that write-in candidate takes the office.”

“The role of the election commission is to review the candidates and qualifications whose names appear on the ballot, tallying all eligible votes cast during the election accurately and certifying the election results.”

“What happens after the election is outside the authority of the election commission,” said Election Administrator Estes.

Alexandria has a contested municipal election for mayor and aldermen August 6.

The mayor candidates are Jeff Ford, who was appointed to the position last year, and challenger Jeremy Prince. Those two names are the only ones on the ballot for mayor, but Charles A. (Tony) Bates has filed to be a certified write-in candidate for mayor. The term of office is four years.

Those in the race for a full four-year term as Alexandria aldermen are Debbie Fischer, Margaret Stevens, Eddie Tubbs, Tony Griffith, David Cripps, and Cason Oakley. Fischer and Cripps have been serving as aldermen appointees. Those six candidates are the only names on the ballot, but Susan Wooten Holmes has filed as a certified write-in four-year alderman candidate.

Two are in the race to fill a two-year unexpired Alexandria alderman term, Danny Parkerson and Curtis Rutter. Those two names are the only ones on the ballot and there is no certified write in candidate for that position.

The complete MTAS opinion from the questions asked is as follows:

Section 2.01 (1) of the Charter of the Town of Alexandria states that “Any elector who has been a resident of the City for at least one (1) year may be qualified as a candidate by a nominating petition submitted to the DeKalb County Election Commission at such time and manner as determined by the General Laws of the State of Tennessee”.

Q: Would a person not living within the Town of Alexandria violate this section by running a write-in campaign for Alderman or Mayor? Would someone elected to a position of Mayor or Alderman be disqualified from service if they did not live within the Town of Alexandria?

The answer to your question is yes, such a write in campaign violates the charter and a person who is elected to office who does not live inside town limits may not legally hold a town office, whether it is mayor or alderman. The above charter language clearly requires residency inside the city for at least 1 year prior to election. Note the term “elector” used in the charter language above. “Elector” is defined as “a person who has the right to vote in an election” by Oxford Dictionary. That sentence means that a person not only must reside inside town limits but also be qualified to vote in town elections for at least 1 year prior to the election. Accordingly, any nonresident or convicted and disenfranchised felon is immediately disqualified from holding office in Alexandria.

Tennessee law also requires residency to run for a local public office. A person’s ability to register to vote, or to qualify as a voter in any location is determined by that person’s residency. Although the term “residency” seems simple enough, the election code lays out a rather long list of factors to consider when determining if a person resides in the area in which they wish to register to vote. Tenn. Code Ann. § 2-2-122. If a person cannot comply with that statute concerning residency and register to vote in Alexandria elections, they may not run for office in Alexandria.

MTAS is frequently asked about what happens when an elected official moves outside city limits, and the general law is clear that such removal from the area represented vacates the office:

Any office in this state is vacated by:

(1) The death of the incumbent;

(2) The incumbent’s resignation, when permitted by law;

(3) Ceasing to be a resident of the state, or of the district, circuit, or county for which the incumbent was elected or appointed;

(4) The decision of a competent tribunal, declaring the election or appointment void or the office vacant;

(5) An act of the general assembly abridging the term of office, where it is not fixed by the constitution;

(6) The sentence of the incumbent, by any competent tribunal in this or any other state, to the penitentiary, subject to restoration if the judgment is reversed, but not if the incumbent is pardoned; or

(7) Due adjudication of the incumbent’s insanity.

Tenn. Code Ann. § 8-48-101

Although the above statutory language does not mention “city” or city limits, the Tennessee Attorney General has opined that this law does apply to municipal officials.

Municipal officers have a statutory continuing residency requirement imposed upon them by virtue of Tenn. Code Ann. § 8–48–101(3), stating that “[a]ny office in this state is vacated by [c]easing to be a resident of the state, or of the district, circuit or county for which the incumbent was elected or appointed[[.]” In determining whether any position constitutes an “office” and is thereby subject to Tenn. Code Ann. § 8–48–101(3), one determines whether the position is occupied by a “public officer.” Tennessee courts have set forth the following general definition:

“Public officer” has been defined as an incumbent of a public office; an individual who has been appointed or elected in a manner prescribed by law, who has a designation or a title given him by law, and who exercises the functions concerning the public assigned to him by law. Sitton v. Fulton, 566 S.W.2d 887, 889 (Tenn.1978)

…..Although the distinctions between employees and officers are not always clear, the positions at issue appear to be “offices” and, accordingly, would be deemed vacant if the serving official did not reside in the municipality. Tenn. Code Ann. § 8–48–101(3).

It follows then that the official must reside in the city where the office is held. Tenn. Op. Att’y Gen. No. 99-075 (Apr. 5, 1999)

Under our State laws, a municipal official who moves their residence outside city limits vacates their office. It logically follows that a nonresident cannot hold city office, as they would immediately vacate the office due to their residency being elsewhere.

A person who does not reside inside the Alexandria town limits is disqualified from holding any town office, under both the town charter and state law. If the write in campaign is successful and this person wins the election, they may not legally be sworn into office,” according to the MTAS opinion.

The new certified property tax rates for DeKalb County and the Municipalities of Smithville, Alexandria, and Liberty have been determined for the 2026-27 fiscal year according to the State Board of Equalization following the 2026 reappraisal cycle.

Now that that all appeals have been heard by the assessor and county board of equalization the final certified county property tax rate for DeKalb County is now $1.5571, down from last year’s rate of $2.51 per $100 of assessed value. The preliminary rate before appeals according to the state was $1.533.

The City of Smithville’s new certified property tax rate is now $0.5199, down from $0.7523. The Town of Liberty’s certified rate is $0.0793, below $0.1422 last year. The Town of Alexandria’s new certified rate is $0.4065, below the rate last year of $0.6233.

In each case for the county and cities the amount of local revenue generated under the new certified property tax rates is to be about the same as last year’s tax rates.

The county and the cities are to adopt their respective new certified tax rates with adoption of the 2026-27 fiscal year budgets

Letters were sent Monday, June 15 to County Mayor Matt Adcock, Smithville Mayor Josh Miller, Alexandria Mayor Jeff Ford, and Liberty Mayor Audrey Martin, by E. Robin Pope, J.D., Executive Secretary of the State Board of Equalization concurring with the new certified tax rates.