Rep. John DeBerry, ousted by Democrats, may run as independent under new bill

Natalie Allison
Nashville Tennessean

A longtime Memphis Democrat ousted by state party officials last month and removed from the 2020 ballot is considering running as an independent — a decision he could make with a new bill by Republicans.

Rep. John DeBerry, who was removed from the House District 90 primary ballot last month by the Tennessee Democratic Party's State Executive Committee, said Tuesday he is still mulling a run for the seat he has held for 26 years.

"My district has elected me 13 times," DeBerry said after a House committee meeting. "Not just because I'm John DeBerry or because I'm a Democrat. But because they agree with what I fought for and what I stood for."

The statewide committee took issue with DeBerry's voting record, which often aligned with Republicans on issues like abortion and school choice, and his history of accepting donations from GOP-aligned political action committees. Its vote to remove him from the ballot came after the filing deadline had passed, preventing DeBerry from filing again under another party.

John DeBerry Jr.

"The people in my district did not take me off the ballot," DeBerry said. "A tribunal took me off the ballot that has absolutely nothing to do with my district."

An election bill filed earlier this year by Sen. Ferrell Haile, R-Gallatin, is now being amended to allow someone in DeBerry's position to run on the opposing political party's ticket or as an independent.

Rep. Tom Leatherwood, R-Arlington, will be carrying the House bill, Haile said.

With the amendment, Senate Bill 247 and House Bill 225 authorize an incumbent who was disqualified by his or her party's executive committee to "file a new petition as a candidate for another political party or as an independent candidate" even after the usual filing deadline, it says.

The amendment, obtained by The Tennessean, says the incumbent could file again up to 90 days before the primary election, if filing as a candidate for a different political party, or 90 days before the general election if running as an independent.

The 90-day deadline for DeBerry to refile before the Aug. 6 primary has already passed, meaning he could not run as a Republican this year, but could run unaffiliated if the legislation passes.

DeBerry says he'll make decision based on how bill is received by colleagues

The bill, not yet scheduled in the House, will be taken up when the Senate's State and Local Government committee meets, Haile said.

"They have a right to say they want to disassociate me with that party," DeBerry said of the state Democratic Party's decision. "They do not have a right to disassociate me with District 90. I'm going to see what the legislature is going to do to rectify that situation."

DeBerry said many people in his district have already urged him to run as a write-in candidate. He is now considering getting on the general election ballot, though.

"I'll make that decision once I see the bill, the atmosphere in which the bill is passed and whether or not it is conducive to me continuing to serve in this body and not injuring this body or my own reputation," he said.

Committee meetings are resuming this week ahead of the legislature's June 1 session after the General Assembly in mid-March went on recess due to the threat of the coronavirus.

GOP Senate sponsor says he expects bipartisan support

Lawmakers are returning to make further cuts to the budget, though House leadership has signaled an interest in passing a wide variety of bills unrelated to the pandemic, despite Senate leadership saying such legislation can wait until January.

Haile said his bill falls under the Senate's criteria for which legislation should be taken up in the next couple of weeks, meaning a bill must pertain to the coronavirus, be pertinent to the budget or be time sensitive and unable to wait until January.

His would fall into the latter category, and he said his effort has bipartisan support.

"I expect there to be co-sponsors both Democrats and Republicans," Haile said, declining to name specific members.

Two Memphis Democratic lawmakers who voted in the party committee proceeding in April — Rep. G.A. Hardaway, who chairs the black caucus, and Senate Democratic Caucus Chair Raumesh Akbari — voted against DeBerry's removal from the ballot.

House Minority Leader Karen Camper, another Memphis Democrat, condemned the committee's decision afterward, saying it was "attempting to nullify the choice of the people of the 90th District."

Republican leadership in both chambers also spoke out against the TNDP decision, which was also made during a conference call for which public notice was not given. Party Chairwoman Mary Mancini confirmed afterward that DeBerry had not been personally informed that his Democratic bona fides would be up for a vote that day, nor was he given the opportunity to speak before the vote.

DeBerry later unsuccessfully appealed the party's decision to remove him from the primary ballot. 

DeBerry said he has not been involved in the drafting of the legislation.

Haile called DeBerry a personal friend.

"I think his constituents deserve the opportunity to elect him or not elect him," Haile said.

The bill's financial impact is estimated to be "not significant," according to the legislature's fiscal review committee. Such a change would likely not result in a substantial number of new candidates in an election and "will not significantly impact" current local or state election procedures, the committee wrote.

Reach Natalie Allison at nallison@tennessean.com. Follow her on Twitter at @natalie_allison.

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