Nashville judge restores Robby Starbuck to 5th congressional Republican primary ballot

Adam Friedman and Logan Washburn, Nashville Tennessean
·2 min read
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A Nashville judge has ordered the Tennessee Republican Party to reinstate Robby Starbuck to the 5th congressional Republican primary.

The ruling, issued Friday evening by Davidson County Chancellor Russell Perkins, stated the Tennessee Republican Party's executive committee violated the state open meetings act when it removed Starbuck from the ballot.

In April, the state party removed Starbuck, Morgan Ortagus and Baxter Lee from the 5th congressional district primary for not meeting its bonafide Republican requirements. The party decided the final ballot in a meeting that wasn't available to the public.

Republican fifth district congressional candidate Robby Starbuck responds to questions during a primary candidate forum hosted by The Tennessean at George Shinn Events Center on Lipscomb University's Campus Thursday, May 19, 2022, in Nashville, Tenn.
Republican fifth district congressional candidate Robby Starbuck responds to questions during a primary candidate forum hosted by The Tennessean at George Shinn Events Center on Lipscomb University's Campus Thursday, May 19, 2022, in Nashville, Tenn.

Perkins' ruling declared that because the decision was made in violation of the open meetings law, it was invalid, and Starbuck should be restored to the ballot.

Previously: Judge declines to place ousted GOP hopeful Robby Starbuck back on ballot

Related: Tennessee Republican Party sued over 5th Congressional primary candidate ouster

Starbuck had previously sued in federal court to put his name back on the Republican primary ballot. The federal court ruled against it.

The decision by Perkins, which is likely to be appealed, is running up against a June 10 deadline for the state to finalize ballots for the August primary.

Starbuck now joins a crowded field of candidates in the Republican Primary for the 5th congressional seat, which is a newly drawn district likely to favor the GOP.

Other candidates in the race include former state House Speaker Beth Harwell, Maury County Mayor Andy Ogles and retired Brig. Gen. Kurt Winstead.

How it played out in court

Starbuck's lawyers argued the party's executive board is subject to the Tennessee Open Meetings Act because it acts as the state's primary board, which must hold public meetings.

"We're not asking the court to decide if Mr. Starbuck is a bonafide Republican," said Eric Osborne, an attorney for Starbuck. "This is not about telling the party what to do. This is not a case about interparty squabbles."

Joshua Mullen, the lawyer for the state Republican party, argued the court had no jurisdiction over the interparty dispute, and Starbuck's goal was through the suit to compel the party to affirm Starbuck as a bonafide Republican.

"Tennessee courts do not enter into inter-party disputes like this," Mullen said. "It is a purely private political decision."

Mullen added that it would be a First Amendment violation if the court ordered the party to allow Starbuck on the ballot, violating the party's rights to free speech and free association.

Tennessee Republican Party Chairman Scott Golden didn't immediately respond to The Tennessean's request for comment.

Adam Friedman is The Tennessean’s state government and politics reporter. Reach him by email at afriedman@tennessean.com.

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This article originally appeared on Nashville Tennessean: Robby Starbuck restored to TN 5th congressional district GOP primary