Wed October 15, 2008
Judge Throws Out Lawsuit to Reinstate Kurita
By Todd Hatton
Clarksville, TN – A federal judge has thrown out Tennessee Democratic state Senator Rosalind Kurita's bid to be restored as her party's nominee.
U-S District Court Judge Robert Echols dismissed Kurita's lawsuit against the state Democratic Party's executive committee for voiding her primary win.
Kurita's lawyers had argued that the process of replacing her on the ballot with Clarksville attorney Tim Barnes was unconstitutional.
Attorneys for the state and the Democratic Party argued in court last week that Tennessee law and previous legal opinions have determined that the sole responsibility for deciding nominees lies with the parties.
Kurita has mounted a write-in campaign to recapture the Senate District 22 seat that represents Montgomery, Houston and Cheatham counties. There is no Republican running.