NASHVILLE, Tenn. (WTVF) — A special-called meeting and executive session of Metro Council resulted in what could be potential fixes in the November general election, but one council member said all of it happened behind closed doors.
Additionally, the ACLU sued on the behalf of one plaintiff who had a wrong ballot as a result, Metro legal director Wally Dietz said.
"It's a small inexcusable that shouldn't have happened," Dietz said. "If these elections aren't close, it shouldn't matter except to the person. If you have the reason to believe any problem, grab a provisional ballot. No one will get prosecuted for asking for a provisional ballot."
Provisional ballots were the main source of fixing the issue, Dietz said.
This comes after ballots were given to voters erroneously with the wrong Congressional and state house seats. Davidson County Election Administrator Jeff Roberts previously said this week there was "nothing they could do."
"The number one priority is voter confidence," councilmember Bob Mendes said. "The election commission shouldn't have lawyers do it, and they should be sharing what the fixes are. They are going to do that imminently and soon, but we don't know when. We have had a major, significant problem with the election. We can't remember the last time Metro Council met behind closed doors. That wouldn't be my judgment call."
A 4:30 p.m. council committee meeting was scheduled but the city legal director requested a 4 p.m. meeting. The election commission wasn't going to appear, and the meeting wasn't open to the public.
"Early in the meeting, the legal director provided information about a lawsuit that might be eminent," councilmember Bob Mendes said. "You should be in the room. There was a small amount of legal advice at the beginning that should not be public, but I expressed this was a mistake to have a closed-door meeting. We were asked to come on two-hours notice. I don't think we should have had a closed-door meeting now that it's Q&A. I don't think there's anything Metro Council should do."
However, Dietz said it was a normal process.
"I have been hearing from parties threatening lawsuits over some voters' ballots. While I was in there, the ACLU lawyers will file a lawsuit. They have an individual plaintiff. They are representing the League of Women Voters."
The special-called meeting was announced with little notice. And according to Metro's own policies, special-called meetings should have a 48-hour notice. This meeting did not. Tennessee Code Annotated doesn't specify a time at which the public must be informed.
According to a spokesperson for the ACLU, an agreement was reached before the lawsuit was officially filed. So, it was filed simultaneously with an agreement signed by all parties involved, including the state and county. The agreement is only awaiting a judge's signature, ACLU Strategic Communications Director Lindsay Kee said.
Mendes said anyone who might get a wrong ballot has been identified and will be able to vote properly. To see if you are one of 438 people who is owed one, check this link.
