Barzizza takes legal action in mayor’s race
John Barzizza, a Germantown alderman who ran for mayor, has a filed a legal complaint against Shelby County Election Commission and commission administrator Linda Phillips over the results of the Nov. 6 election.
The complaint asks the court to order a recount or declare Barzizza winner of the mayoral seat. It was filed Friday in Shelby County Chancery Court.
Barzizza challenged Mayor Mike Palazzolo for Germantown’s highest seat and lost by 120 votes, according to the results certified by the election commission on Nov. 26.
The complaint says certified results approved by the election commission stated 543 absentee ballots were cast in precincts voting for Germantown mayor, although 476 were tallied. The certified results also said 40 provisional ballots were received but show 37 were counted, according to the complaint.
Barzizza is challenging that the election commission failed to distribute, allow, verify and tally absentee and provisional ballots properly.
“The Shelby County Election Commission has failed to provide us with accurate reporting of all ballots in this election, therefore we have decided to contest the results of this election to ensure that every legitimate voter who sought to participate in the election has their vote counted,” Barzizza said in a news release. “Should the Election Commission provide us with proof the totals are accurate, I will be the first one to congratulate Mike Palazzolo and concede this election.”
Tennessee Code outlines that a recount can be issued if there is a tie, fraud, voting malfunction or a counting error that would change the results. The court may also deem a recount is justified for other reasons.
Tennessee Code also says the court can confirm the election or declare the election void. The court can declare a tie or declare Barzizza duly elected if the numbers would have given Barzizza an edge.
No hearing has been scheduled by Shelby County Chancery Court.
Absentee ballots appeared to be the deciding factor in the mayoral race, according to certified results. Certified early, voting day and provisional ballots showed Barzizza ahead by seven votes. However, Palazzolo received 301 votes cast by absentee voters, while Barzizza received 174.
Barzizza, who focused his mayoral campaign on slower growth and government transparency, has served as an alderman since 2014. Scott Sanders won that position in the Nov. 6 election and will fill Barzizza’s seat on the Board of Mayor and Aldermen beginning Dec. 17.
Barzizza is represented by R Christopher Gilreath of Gilreath and Associates.
The election commission tends to not comment on pending litigation, according to Suzanne Thompson, spokeswoman for the commission.