Peterson v. Dean

Former county administrators of elections from eight Tennessee counties in Tennessee filed suit under 42 U.S.C. 1983, alleging that after the 2008 statewide elections and a shift in the controlling political party in the state assembly, they were ousted from their positions by the defendants, county election commissioners, because of their actual or perceived political party affiliation. The district court held that the statutory position of county administrator of elections in Tennessee is lawfully subject to patronage dismissal under Elrod v. Burns, 427 U.S. 347 (1976), and Branti v. Finkel, 445 U.S. 507 (1980). The Sixth Circuit affirmed the dismissal. All of the identified duties of the administrator that involve policy matters are matters of political concern. Administrators spend a significant portion of time advising the commissioners on how to exercise their statutory policymaking authority, including apprising the commissioners of current laws and changes in the law, assisting in reapportionment matters, preparing the annual budget, and overseeing election operations, and control the lines of communications to the commissioners. View "Peterson v. Dean" on Justia Law