UPDATE: A lawsuit filed by the Tennessee Democratic Party to remove a local candidate off the Republican ballot was dismissed on Tuesday.

The suit, which was filed against the Hamilton County Election Commission, aimed to remove Robin Smith's name from the primary ballot in the race for District 26 in the Tennessee House of Representatives.

READ MORE | Major shake-up as Gerald McCormick drops re-election bid

The Hamilton County Election Commission voted to allow Smith's name on the GOP ballot after current State Representative Gerald McCormick withdrew from the race in June.

Chris Clem, with the county election commission, said McCormick's withdraw came after the deadline to drop out but was approved by the state attorney general and state election commissioner because McCormick accepted a job requiring him to move to Nashville, which is out of his district.

Smith tells Channel 3, the lawsuit was dismissed by a judge in Nashville on Tuesday.

Smith released the following statement to Channel 3:

"I am pleased with Her Honors' ruling to dismiss but understand the option remains for the Democrats to refile in Hamilton County. Our campaign has been working to earn votes and are pleased that Early Voting at both the Hixson Community Center and the Election Commission has been strong. I am confident that we will prevail throughout both the legal and the political aspects of this race."

Channel 3 has reached out to the Tennessee Democratic Party for a statement on the ruling. We have not heard back at this time.

Smith and Democrat David Jones are running unopposed in the state primary on August 2.

Both are expected to move on to the general election on November 6.

Stay with the WRCB app for updates to this story.


PREVIOUS STORY: A Nashville judge will decide if a candidate's name will stay on a Hamilton County primary election ballot.

The argument centers around the race for State Representative Gerald McCormick's District 26 seat which includes Lakesite, Red Bank, Soddy-Daisy and part of Chattanooga.

READ MORE | Major shake-up as Gerald McCormick drops re-election bid

A six-page motion filed in Davidson County Chancery Court spells out why the Tennessee Democratic Party wants Robin Smith's name off the Republican ballot.

The Hamilton County Election Commission voted Monday to add Smith's name to the ballot for the District 26 seat after McCormick withdrew from the race last month.

Hours after the vote, the lawsuit was filed.

"At no point in time did any candidate, local office, political office, state political office, file an objection or state that there were any problems," Hamilton County Election Commissioner Chris Clem said during an emergency meeting Thursday.

Clem said McCormick's withdraw came after the deadline to drop out but was OK'd by the state attorney general and state election commissioner because McCormick accepted a job requiring him to move to Nashville, which is out of his district.

But the motion states McCormick's withdrawing should have been accepted and that the commission should not have allowed Smith to qualify.

Smith disagrees.

"This is the textbook case of Democrats fielding ineffective candidates, having losing policies, and judge shopping," she said, "We don't need Democrats telling Republicans how to run their primary."

Commissioners voted Thursday to hire Nashville attorney Riley Warnock to represent them in Davidson County at $400/hour but not to exceed $50,000.

The Tennessee Democratic Party sent Channel 3 a statement about District 26 race:

"The responsibility to independently research the circumstances surrounding Rep. McCormick's abrupt departure and ensure the law was followed falls squarely upon the Hamilton County Election Commission. However, the HCEC failed to meet this obligation. McCormick was busy telling one story -- that he was a tried and true resident of Chattanooga -- and just a few days later, he abruptly changed his tune. This turn of events deserves proper scrutiny. The voters of HD-26 should be able to participate in a democratic process that's unmarred by political motivations, and where all candidates rightfully earn their spot on the ballot. We will absolutely stand up for voters when it's clear the rules have been violated. Democratic candidate and local business owner David Jones will work hard to serve his neighbors in the legislature, and is ready to step up and fight for better-paying jobs, a quality education for every child, and affordable healthcare for all."

It will now be up to a Nashville judge to decide if Smith's name will stay on the GOP primary ballot on August.

Attorneys will meet in a Davidson County courtroom Friday afternoon.

David Jones is running for the District 26 seat on the Democratic ticket.

The general election is November 6th.