Judge orders state to include specific guidance on absentee ballot eligibility due to COVID-19

A judge has ordered Tennessee Secretary of State Tre Hargett’s office to include wording in absentee ballot application forms to make clear that people at greater risk from contracting COVID-19 are eligible to vote by mail.

Nashville Chancellor Ellen Hobbs Lyle’s ruling Tuesday came after the state Supreme Court agreed to vacate the injunction she had imposed earlier when the state took what the chancellor called the “extraordinary step of a last-minute concession during oral arguments” that people with a special vulnerability to COVID-19 (or those who care for people who do) had a valid reason to cast absentee ballots. Had the state taken this position earlier, Lyle said, the case would have been settled long before it reached the Supreme Court.

The high court’s ruling had instructed Hargett’s office to “ensure that appropriate guidance is provided to Tennessee registered voters” about the state’s new stance. While Hargett issued a press release that included reference to people with a special vulnerability to COVID-19 being able to vote by mail, the new application form included no such information.

As such, Lyle ruled the application forms should now include the following excuses for people seeking to vote by mail:

I am hospitalized, ill or physically disabled and unable to appear at my polling place to vote (this includes persons who have underlying medical or health conditions which in their determination render them more susceptible to contracting COVID-19 or at greater risk should they contract it).

I am a caretaker of a hospitalized, ill or physically disabled person (this includes caretakers for persons who have underlying medical or health conditions which in their determination render them more susceptible to contracting COVID-19 or at greater risk should they contract it).

Lyle also deemed that other materials issued by the state on the subject of absentee balloting — such as language highlighted at the bottom of the form offering a $1,000 reward for information leading to a conviction for voter — to be “confusing and misleading.” But the chancellor said those details fell outside of her purview.

Hargett’s office was critical of the decision.

“It is ironic to us that the same Chancellor who chastised us for changing the form is now upset because we did not change the form,” Hargett spokeswoman Julia Bruck said in an emailed statement. “The Chancellor is legislating from the bench.”

Hedy Weinberg, the exeutive director of the state chapter of the American Civil Liberties Union, lauded the decision:

The court’s ruling today will ensure that people with special vulnerability to COVID-19 and their caretakers know exactly how to request mail-in ballots. The state’s delay in making this information clear is yet another example of voter suppression in Tennessee. Our state should be working to make it as easy as possible for people to vote, not creating obstacles at every turn and requiring a court order to fix them. We applaud the court for compelling the state to make Tennesseans’ voting rights clear and to do so quickly.

Read the ruling here.

12 Responses to Judge orders state to include specific guidance on absentee ballot eligibility due to COVID-19

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    steve cates says:

    This is good news!

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    Stuart I. Anderson says:

    Actually Hedy, “Our state should be working to make it as easy as possible for people to vote. . . .” so long as they make certain that only eligible people vote and they only vote once.

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    Charles says:

    Our Tennessee government still acts against the people.

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    Christina Norris says:

    Hargett’s office appears to be trying to suppress the vote. He’s threatening people with felonies without spelling out who is eligible to vote absentee. Shameful.

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    Cannoneer2 says:

    When Hargett was called before a Senate committee to testify about absentee voting in Tennessee a few weeks ago, he did it remotely (or absentee, if you will). Why didn’t he testify in person? Lamar Alexander showed up for the meeting. We have the highest paid Secretary of State in the nation, he should be compelled to make the effort!

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    James White says:

    Hargett should say no and appeal. Legislatures write laws, not Judges or Hargett.

    • Avatar
      Andy Parrish says:

      It is indeed the state legislature’s purview. TN apparently takes this constitutional mandate seriously.

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    Taxpayer #314 says:

    Apparently, it doesn’t matter who writes the laws because Republicans feel free to bend or break any and all laws that are the least bit bothersome, even at their Republican National Convention this week. Laws, ethics, long held norms, guidelines and pesky regulations just get cast aside so easily and no one seems to care anymore. Too many of Trumps family & GOP Friends have a hand in the cookie jar. The Republicans are getting pretty well practiced at this Voter Suppression stuff and guess who currently runs the state of Tennessee? It may be time for a change folks!

    • Avatar
      MARLE says:

      You haven’t seen anything yet; just wait until the overhang of an election is taken off the table! We will have tariffs, embargoes, restrictions all able to be circumvented by the corporations willing to kiss the ring.

      I assume the IRS is still “auditing” Trump’s tax returns? And debt….who cares about debt; that’s only a problem when it’s racked up by non-Republicans. But the Dems are even scarier.

      My idea of hell was, once upon a time, to have to be an accountant, for all of eternity. A worse nightmare is coming into focus.

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