Knox County commissioner responds to allegations of crossparty voting, calls TN statute unconstitutional

KNOXVILLE, Tenn. (WVLT) - Democrat Knox County Commissioner Courtney Durrett has responded via a Knoxville attorney to allegations that she broke Tennessee statute by saying she had voted in Knox County’s republican primary.

Knox County Republicans is the group that asked District Attorney Charme Allen to investigate Durrett, who posted a video to Facebook saying she had voted outside her political party. Allen has ordered an independent review. It’s prompted a debate about whether or not Tennessee’s statute can be enforced.

Previous Coverage: Knox County DA requests independent review after Democratic commissioner accused of voting in GOP primary

“The premise that Commissioner Durrett made public statements encouraging ‘crossover voting’ in the ongoing primary election is factually inaccurate,” a letter from attorney Greg Isaacs says.

Isaacs’ letter claims Durrett’s post didn’t address voters of one particular party, but instead the voting population as a whole. The letter says Durrett was only letting voters know about the ongoing races, encouraging them to vote.

“Commissioner Durrett’s post informed Knox County voters that there was an ongoing primary election, discussed what races were contested and encouraged citizens to take an active role in their local government,” the letter says. It points to first amendment protections for Durrett as well.

Related Coverage: Knox County commissioner’s cross-party primary vote sparks debate

Isaacs’ letter also takes issue with the statute itself. It requires that voters only vote in primaries for parties they are an “affiliate with.” The letter argues that the vagueness of the statute makes it unconstitutional and impossible to enforce.

Instead, the lawyer has posited that the accusations against Durrett are politically motivated, saying “requesting criminal prosecution for someone engaging in protected political speech is reckless and inappropriate and should not be forwarded to any prosecutorial authorities.”