Bolivar council votes to take no position on charter’s ‘resign-to-run’ dispute; leaves decision to election commission

The Bolivar City Council on a special call meeting voted to instruct the city attorney to send a letter to the Hardeman County Election Commission stating the city takes no position on whether a council member who filed to run should be placed on the ballot, effectively leaving that eligibility decision to the election commission.

City Attorney Stevens told the council the charter language at issue is a “resign-to-run” provision in the Bolivar charter that requires a council member who wants to run for mayor to resign before qualifying, and that the provision was added in the mid-1990s. Stevens recommended the council avoid taking a position that would require the city to violate its charter and expose the city or individual council members to legal risk. “If you vote in favor of that, you are voting in favor as a city council member of violating the city's charter,” Stevens said. He added he believed the provision would likely be found unconstitutional if litigated but warned that “until it's…