Uncovering the Truth: Tennessee's Constitutional Republicans Face Scrutiny

In a move that has sparked controversy, the Registry of Election Finance in Tennessee is set to subpoena members of two Constitutional Republican groups, demanding they explain their political activities and potential failure to register as a political action committee. This development comes on the heels of a dissatisfied response to an investigation conducted by the state's Attorney General's office, which the registry board believes fell short of a comprehensive examination of the groups' operations.

Unraveling the Complexities of Tennessee's Political Landscape

Allegations of Unregistered Political Activity

The registry board has voted to order members of the Tennessee and Sumner County Constitutional Republicans to appear at an upcoming "show-cause" hearing, where they will be required to answer questions about their political activities. This action follows a sworn complaint filed by a Goodlettsville businessman, Wes Duenkel, in November 2023, accusing the groups of acting like a political action committee (PAC) by making expenditures for candidates or issues without registering with the state.

The Attorney General's Investigation: Shortcomings and Challenges

The Attorney General's Office conducted an investigation into the matter, but the registry board members were dissatisfied with the results. The investigation consisted of short interviews with four group members, who denied raising or spending money for candidates. However, the investigation did reveal that the group's Facebook page had at one point offered a link to donate money, and the group had also vetted and supported candidates for local and state elections, in addition to holding political gatherings.

Subpoenas and the Potential for Fifth Amendment Assertions

Registry board Chairman Hank Fincher expressed his frustration, stating that if the subpoenaed members of the Constitutional Republicans refuse to testify before the board, they may have to "assert the Fifth Amendment," referring to the right to avoid self-incrimination. This stance highlights the potential legal complexities surrounding the investigation and the registry board's determination to uncover the truth.

The Registry's Pursuit of Investigative Resources

The registry board has requested the Attorney General's Office to investigate the matter further, but the office has indicated that it is not an "investigative agency" and lacks the resources to conduct full-scale probes on behalf of the registry. In response, the registry board has stated that it will be seeking more funding from the Legislature to hire its own investigators, underscoring the need for a more robust and comprehensive examination of the groups' activities.

Questioning the Attorney General's Role and Responsibilities

Registry board member Hank Fincher, a Democrat, expressed his surprise at what he perceived as an "abdication" of statutory duties by Attorney General Jonathan Skrmetti to investigate campaign finance issues. This sentiment was echoed by fellow board member Tom Lawless, who previously questioned the length of time it took the AG's Office to produce the initial report and called the AG's action "repugnant" and "reprehensible."

The Potential Consequences for the Constitutional Republicans

If the subpoenaed members of the Constitutional Republicans decline to testify before the registry board, the board has indicated that it may take "corrective actions." Lawless emphasized that "nobody is above the law" and that the groups are "required to do certain things." He warned that if they fail to comply, the registry board will "assist them with the maximum ability that we can," hinting at the possibility of further legal action or sanctions.The ongoing saga surrounding the Tennessee Constitutional Republicans and the Registry of Election Finance highlights the complex and often contentious nature of campaign finance regulations and political activities in the state. As the investigation continues, the public will be closely watching to see how this unfolding drama unfolds and whether the truth behind the groups' operations will be fully uncovered.