By: Cody Brandon

On September 8th, the Supreme Court of Tennessee handed down a ruling in McFarland v. Pemberton, a dispute between the two candidates for Circuit Judge for the Ninth Judicial Circuit. The 3-2 ruling clarifies the powers of the State Coordinator of Elections and County Election Commissions, but it also complicates the procedure for challenging candidate eligibility in state elections. Without knowledge of the intricacies of this decision, a candidate may lose his chance to challenge the eligibility of his opponent as William McFarland did.

McFarland and Michael S. Pemberton were the only two candidates for Circuit Judge in the Ninth Judicial Circuit of Tennessee. On February 3, 2014, Mr. Pemberton filed his nominating petition for the office with the Roane County Election Commission. Article VI, ยง 4 of the Tennessee Constitution requires judges to have resided in the district to which they are elected for one year prior to election. Pemberton grew up in Rockwood (in Roane County), but moved to Knoxville (outside of the Ninth Circuit) a little less than two years before the election. A year before the election, Pemberton purchased a second home in Roane County, within the limits of the district. Continue reading