Justia Election Law Opinion Summaries

Articles Posted in Tennessee Supreme Court
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The Supreme Court affirmed the decision of the court of appeals affirming the trial court's summary judgment to the three named state official defendants in this complaint seeking a temporary injunction related to the August 6, 2020 election, holding that Plaintiff was required to comply with both Tenn. Code Ann. 2-19-143(3) and Tenn. Code Ann. 40-29-202 before he could be re-enfranchised.Plaintiff, a Tennessee resident since 2018, was convicted in 1986 of involuntary manslaughter in Virginia. In 2020, the governor of Virginia granted Plaintiff clemency, thus reinstating his right to vote in Virginia. Later that year, Plaintiff attempted to register to vote in Grainger County, Tennessee but was denied. Plaintiff brought this lawsuit arguing that Tenn. Code Ann. 2-19-143(3) requires the state to re-enfranchise persons convicted of infamous crimes out of state when the governor or the appropriate authority of such other state restores that person's rights of citizenship. The chancery court granted summary judgment for Defendants, and the court of appeals affirmed. The Supreme Court affirmed, holding that, to regain the right of suffrage in Tennessee, Plaintiff and other similarly situated individuals must comply with both Tenn. Code Ann. 2-19-143(3) and the additional requirements set forth in Tenn. Code Ann. 40-29-202. View "Falls v. Goins" on Justia Law

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Starbuck filed a nominating petition seeking to be placed on the ballot for the Republican primary for Tennessee’s 5th Congressional District for the U.S. House of Representatives. The Tennessee Republican Party, through the Tennessee Republican Party State Executive Committee (TRP SEC), determined that Starbuck was not a bona fide Republican, and would not appear on the ballot. Starbuck sought declaratory and injunctive relief, alleging that the defendants violated the Tennesse Open Meetings Act (TOMA), Tenn. Code 8-44-101-111, by determining in a non-public meeting that he is not a bona fide Republican.The trial court concluded that the defendants violated TOMA and ordered that Starbuck be restored to the ballot. The Tennessee Supreme Court assumed jurisdiction and vacated. Only the state primary boards, not the state executive committees, are required to comply with TOMA (Tenn. Code 2-13-108(a)(2)). Section 2-13-104 provides that “a party may require by rule that candidates for its nominations be bona fide members of the party.” Under section 2-5-204(b)(2), a party’s state executive committee makes the determination of whether a candidate is a bona fide member of the party. TRP SEC, by statute, was acting as a state executive committee, and not a state primary board, when it determined that Starbuck was not a bona fide Republican and was not required to comply with TOMA. View "Newsom v. Tennessee Republican Party" on Justia Law

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The Supreme Court held that the trial court erred in issuing a temporary injunction enjoining the State from enforcing its current construction of the eligibility requirements for absentee voting stated in Tenn. Code Ann. 2-6-201(5)(C) and (D).The injunction temporarily mandated the State to provide any eligible Tennessee voter who applies to vote by mail in order to avoid transmission or contraction of COVID-19 an absentee ballot in upcoming elections. The mandate further mandated the State to implement the construction and application of section 2-6-201(5)(C) and (D) that any qualified voter who determines it it impossible or unreasonable to vote in person at a polling place due to the COVID-19 situation shall be eligible to check the box on the absentee ballot application that the person is ill or disabled and unable to appear at the person's polling place on election day. The Supreme Court vacated the trial court's judgment, holding (1) as to persons with special vulnerability to COVID-19 or who are caretakers for such persons, the State is instructed to ensure that appropriate guidance is provided to Tennessee voters with respect to the eligibility of such persons to vote absentee by mail; and (2) as to the remaining voters, the trial court erred in issuing the temporary injunction. View "Lay v. Goins" on Justia Law