"We cannot become that which we strive to defeat." Rick Scarbrough responds to expected primary result challenge from Rep. Ragan.

Rick Scarbrough (left) and John Ragan (right) (Photos by Rick Scarbrough campaign and the Tennessee General Assembly)

Former Clinton Police Chief Rick Scarbrough was one of four challengers who succeeded in toppling an incumbent in Tennessee’s August state primary. Scarbrough beat seven term Representative John Ragan, R-Oak Ridge, by 258 votes in the House District 33 GOP primary. 

At the time there were no complaints of voter irregularities, but Scarbrough says he expects his former opponent to contest the win anyway.In a letter to members of the Republican Party State Executive Committee (SEC) obtained exclusively by the Tennessee Firefly, Scarbrough wrote that his opponent was actually talking about challenging the election results even before Republican voters headed to the polls.

“I was informed on July 23, 2024, that Rep. Ragan intended to contest the results of the Republican primary should he lose. Now, after the election, Ragan seems committed to that effort,” wrote Scarbrough in the letter. “While I am steadfast in my confidence in the election results and the outcome of any contest, I do fear the dangers this path may pose for our Party, our focus, and the faith all voters have in our election process.”

Rick Scarbrough (right) standing with his wife Mollie and Knox County Mayor Glen Jacobs (center). (Photo by Rick Scarbrough campaign)

Anderson County certified the race Thursday and under state GOP bylaws, Ragan will five days to officially contest the primary. Updated: Ragan filed the challenge Friday.

Once that happens, Tennessee Republican Party Chair Scott Golden will decide whether the contest should be referred to the full SEC made up of 66 members for a vote.  Currently only 62 of those seats are filled and if they hear Ragan’s challenge, a simple majority of those members who take part would be enough to replace Scarbrough on the November ballot with Ragan or another Republican.That potential hearing would likely happen later this month on a phone call and any decision would be final.

Party insiders believe Ragan will make the challenge based on new voters in the Republican primary and voters who have previously voted in Democratic primaries, though there’s technically no way to determine whether those new voters voted for Scarbrough or Ragan, believing the incumbent might be more vulnerable to a Democratic challenger.

Scarbrough is making the case that his win is proof most Republican voters want him serving in the House seat.“Talking to thousands of Republican voters at their doors, I was honored to receive the majority of votes in my district’s precincts comprised of the highest total of Republican voters as well as the precincts with the highest percentage of Republican voters compared to Democratic voters,” wrote Scarbrough.

Echoes of a Democratic party challenge 16 years ago

The most recent challenge of this type in the Republican party occurred in 2020 when Gina Oster challenged the primary results in the House District 18 race won by Representative Eddie Mannis, R-Knoxville. That challenge failed however, as SEC members voted 43-18 to approve Mannis’ candidacy.

The Tennessee Firefly was unable to find an example where the state GOP overturned a primary election result, but Tennessee Democrats did do exactly that in 2008.  During a Saturday morning hearing that was scarcely attended by the media, party leaders voted to invalidate former Senator Rosalind Kurita’s 18 vote win over Tim Barnes in the Senate District 22 primary.

Barnes made the case then that Republicans crossed party lines to vote for Kurita but offered no concrete proof to back up the claims, other than testimony that could have been ruled hearsay in a traditional court.

The decision against Kurita was widely considered to be a response from party leaders she upset the year prior after casting a key vote for Republican Ron Ramsey to become Lt. Governor.  Kurita later lost a legal challenge to her party’s decision in court.

Scarbrough referenced the decision against Kurita in his letter to SEC members as something Republicans shouldn’t follow.

“We cannot become that which we strive to defeat. Our shared Republican values call us to respect and uphold the rule of law,” wrote Scarbrough. “I am writing you today to ask that we remain Republicans rather than act like Democrats. Allowing the consideration of Ragan’s forthcoming election contest would do irreparable harm to our Party, our unity, and our ability to remain an effective force for protecting the freedoms of Tennesseans.”

Democrat Anne Backus ran unopposed in the Democratic House District 22 primary and will face Scarbrough or the SEC’s designee for the seat in the November general election.