Plaintiffs push state to follow chancellor’s vote-by-mail ruling
A poll worker greets a voter at the Bellevue Frayser Church polling location March 3, 2020. A group of Tennesseans took action Monday, June 8, to force the state to follow a chancellor’s ruling for vote-by-mail during the COVID-19 pandemic. (Jim Weber/Daily Memphian file)
A group of Memphis and Nashville residents challenging the state’s absentee ballot law is taking legal action to force the state to follow a chancellor’s ruling for vote-by-mail during the COVID-19 pandemic.
The filing made Monday, June 8, contends a Davidson County chancellor’s ruling for the state to immediately offer all eligible voters a chance to cast absentee ballots “becomes effective and binding on the party enjoined when the order is entered (and) it … remains in force until modified or dissolved on motion or until a permanent injunction is granted or denied,” the filing states.
Plaintiffs in the case contend the state is violating the order by Chancellor Ellen Hobbs Lyle by treating requests for absentee ballot applications citing COVID-19 or illness differently than others.
The chancellor’s order directs the state to allow voters to get an absentee ballot by checking an existing box on the application stating they are hospitalized, ill or physically disabled. Yet the state created a new COVID-19-related line and is directing applicants to check it. In addition, the state instructed county election officials to hold up processing requests for applicants who cite COVID-19 or other illnesses as their reason for requesting an application.
“These actions – which will have the effect of intimidating, confusing and disenfranchising those choosing to vote by absentee ballot due to concern about contracting or unknowingly transmitting COVID-19 in accordance with this court’s order – are in direct violation of the plain and express terms of this order,” the filing states.
The plaintiffs’ filing points out state Rep. London Lamar, a Memphis Democrat, called Secretary of State Tre Hargett’s office to request an absentee ballot, but rather than telling her she could check the “hospitalized, ill or physically disabled” box, a staff member told her the state is “getting together new guidelines and is just “taking people’s names, numbers and email addresses” while awaiting new guidance.
The plaintiffs contend the chancellor “should not tolerate such disrespect” and that the state should show why sanctions should be imposed against it.
The plaintiffs include Hunter Demster, Earle Fisher, Julia Hiltonsmith, Jeff Bullard, Allison Donald, #UpTheVote901, Benjamin William Lay, Carole Joy Greenwalt and Sophia Luangrath who are challenging the Secretary of State Tre Hargett, Elections Coordinator Mark Goins, Attorney General Herbert Slatery and Gov. Bill Lee.
The filing comes days after the state filed a request asking the chancellor to lift her initial order until an appeal is heard.
The state sought “expedited action” based on the “risk of irreparable harm” to the state and voters and the “extreme pressure” of trying to offer absentee voting by mail for the August and November elections.
The defendants contend they need to prevent “irreparable injury” to the state’s ability to hold the elections as well as to ensure the integrity of the vote and avoid voter confusion and disenfranchisement.
A hearing is scheduled for Thursday, June 11, in Davidson County Chancery Court.
Topics
Herbert Slatery #UPTheVote901 Absentee ballots absentee voting Tre Hargett Mark GoinsSam Stockard
Sam Stockard is a Nashville-based reporter with more than 30 years of journalism experience as a writer, editor and columnist covering the state Legislature and Tennessee politics for The Daily Memphian.
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