A group of Tennesseans has filed a legal challenge to two state laws aimed at preventing crossover voting. One of the laws requires polling places to post warning signs stating that it is a crime to vote in a political party’s primary if the voter is not a bona fide member of that party. The other law, passed in 1972, requires primary voters to be “bona fide” party members or to declare allegiance to the party they are voting for. Tennessee voters do not register by party, and the laws do not define what it means to be a bona fide party member or how a voter should declare allegiance to a party. Former U.S. ambassador Victor Ashe is one of the plaintiffs, claiming the laws are too vague and could lead to prosecution for voting in a Republican primary.
An earlier challenge to the laws by Ashe and real estate developer Phil Lawson was dismissed by a U.S. District Judge one day before Tennessee’s presidential primary in March. The judge ruled that the plaintiffs’ claims of injury were too speculative. The lawsuit was refiled in district court last week, adding new plaintiffs and claims of actual injury. Plaintiff Phil Lawson, a donor to the Tennessee Democratic Party, refrained from voting in the Republican primary for fear of prosecution. Another plaintiff, Gabe Hart, says he was threatened with prosecution by the local district attorney after speaking about voting in a Republican primary despite identifying as a Democrat.
James Palmer, another plaintiff, chose not to vote in the recent presidential primary out of fear of prosecution. The plaintiffs argue that the Tennessee voting laws violate their First Amendment rights to participate in the political process and violate the due process clause of the U.S. Constitution due to their vagueness. Prosecutors in different judicial districts have offered varying interpretations of the laws, leading to confusion among voters. The plaintiffs seek a declaration that the voting laws are unconstitutional and a court order preventing their enforcement. The lawsuit has added several Tennessee district attorneys as defendants after a previous ruling found that the initial defendants lacked the power to prosecute violations of the laws.
Tennessee voters often choose which primary to participate in based on campaign developments, as the partisan balance in the state means many local elections are decided in the primary. Republicans, who control the Tennessee legislature, have considered requiring voters to register by party in order to control who votes in the primaries. However, this idea has not garnered enough support to pass. Many voters in Tennessee vote for one party in local elections and a different party in federal or statewide elections. The lawsuit highlights the confusion and potential for prosecution that voters may face due to the vague and inconsistently interpreted voting laws in the state. The plaintiffs seek clarity and protection of their voting rights through legal action against these laws.
