Senators worry Ford's court hearing will interfere with session

Southern Standard
By LUCAS L. JOHNSON II / Associated Press Writer
January 20, 2006

NASHVILLE -- Two state senators say Sen. Ophelia Ford's federal injunction against the Senate for its attempt to void her special election victory could cause a scheduling problem -- they may need to appear in court at the same time they are in session.

Republican Sens. Mark Norris of Collierville and David Fowler of Signal Mountain, are among the 32 senators named in the complaint filed Wednesday afternoon to stop the Senate from holding a floor vote to unseat Ford over her disputed 13-vote victory.

A special committee of the Senate voted 17-14 on Tuesday to nullify the election.

Hours after the complaint was filed on Wednesday, U.S. District Judge Bernice Donald blocked the Senate and scheduled a hearing for Jan. 25 in Memphis, the same day the Senate is to convene.

All 32 other senators, along with Ford's Republican challenger Terry Roland, are listed as defendants in the complaint. Ford does not make any allegations against the 14 senators who voted against voiding the election.

None of the senators have been summoned, but Norris thinks they could, or they may want to appear so they know what is being said about them.

"I've got a job to do and it requires me to apparently be in two places at once," Norris said Thursday.

However, state Attorney General Paul Summers issued a statement saying that lawmakers don't have to attend the hearing because "the attorney general's office represents the Senate."

"The senators listed as defendants are specifically listed as senators," Summers wrote. "Nothing is mentioned in the complaint about suing them in their individual capacities."

Ford was declared the winner of the seat held by her brother John Ford until he was arrested on federal corruption charges last year. She received 4,333 votes, while Roland garnered 4,320 in the Sept. 15 election.

Roland and his supporters contend that felons and nonresidents of District 29 were allowed to vote in the Sept. 15 election. They describe 146 votes as improper. The Commercial Appeal newspaper, meanwhile, has found two ballots cast in the names of dead people.

Ford, whose district is predominantly black, has said the action taken by the Senate was a racist attempt by the Republican Party to get her seat.

"The actions of the Senate unfairly discriminate against Senator Ford, the African-American plaintiffs, on the count of their race," the complaint said.

Republican leaders have vehemently denied racism as a motive, but rather maintaining the integrity of the ballot box.

"Race never entered my mind," Fowler said. "It was about illegal things taking place."

He said he'd like to attend the hearing to see actually what evidence will be presented.

"I assume that part of what will be offered into evidence would be, as indicative of the alleged racism, would be comments that were made on the floor," Fowler said. "I think any senator who commented on the floor needs to hear what is said about them."

There have been no allegations that Ophelia Ford did anything wrong and she is still awaiting results from investigations by a Senate committee and the Tennessee Bureau of Investigation.