Calculated Risk: Kelsey To Resign House Seat After Senate Primary

By Kleinheider Posted on September 8, 2009 at 10:42 am

Kelsey’s resignation after the primary and before the general election will trigger a special election for the seat avoiding a Democratic Shelby County Commission from installing a Democratic representative.

Kelsey has only one opponent, James Harrell, in the Oct. 15 GOP primary. David Pickler and state Rep. Steve McManus initially showed interest in the race but demurred. Two Democrats, Adrienne Pakis-Gillon and Bobby Baker, have also announced for the 31st state senate seat vacated by the resignation of Paul Stanley. More from a press release:

Germantown, TN - State Representative Brian Kelsey (R-Germantown) today announced that, if he is chosen the Republican nominee for the state Senate, he will resign his state House seat prior to Nov 2 to ensure that the voters of House District 83 are allowed to choose their next state Representative.

Rep. Kelsey is currently a candidate in the state Senate special election to fill the vacant seat in District 31. The primary election is set for Oct. 15, 2009, and the general election will be held Dec. 1.

“I want the people to choose their next representative, not the politicians,” said Rep. Kelsey. “I have a record of taking on politicians to protect people’s rights, and the right to vote is sacred in a democracy.”

By resigning his House seat prior to Nov. 2, Rep. Kelsey will guarantee that a special election takes place to fill the seat. If Rep. Kelsey were to resign his seat after Nov. 2, the county commission would pick his successor.

Kelsey for Senate Campaign Manager Jeremy Durham explained the necessity for a special election: “It should come as no surprise to anyone who knows him that Brian Kelsey would put his personal interests aside to help ensure the people of his district will be represented by someone who shares their values. Unfortunately, the Democrats on the county commission have proven that they cannot be trusted to follow the wishes of voters but have instead engaged in partisan politics,” said Durham.

In January 2009, the Democratic-controlled Shelby County Commission appointed Democrat Matt Kuhn to fill a heavily-Republican seat after Republican David Lillard resigned his commission seat to become state Treasurer. Under Republican control of the county commission in prior years, the commission had followed a long-standing tradition of appointing Republicans to Republican districts and Democrats to Democratic districts. House District 83 is among the top five most Republican districts of the 99 in Tennessee.

“I have been and remain convinced that allowing the people of Memphis and Germantown to vote for their state representative will help keep people safer in their homes, have access to better healthcare, and have more security in their jobs,” said Rep. Kelsey.

Kelsey’s resignation also ensures that Republicans will remain in control of the Tennessee House of Representatives.

Durham continued, “No one has worked harder for a Republican majority in the state House than Brian Kelsey. He was the Candidate Recruitment Chairman last year, he drove to ten different counties across the state to campaign for Republican candidates, and his political action committee contributed over $30,000 in swing races all across Tennessee.”

Rep. Kelsey serves as a non-voting member on the board of Red State PAC, a political action committee dedicated to electing Republicans to the state legislature. Rep. Kelsey also served as Candidate Recruitment Chairman for the House Republicans during the 2008 election cycle when five new Republicans were elected in seats that were previously-held by Democrats. The election proved the first time known that Republicans were elected to a majority of seats in the Tennessee House since 1869.

Article II, Section 15 of the Tennessee constitution requires a special election to be held to fill the vacancy of a legislative seat if twelve months or more remain in the unexpired term of office. It allows the county commission to fill the vacancy if the vacancy occurs with less than twelve months remaining in the original term. The next general election for Tennessee House districts is set for November 2, 2010.

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