Slatery joins states’ legal effort to overturn presidential election

State Attorney General Herbert Slatery, right, speaks with Rep. Jerry Sexton (R-Bean Station) on the House floor in Nashville on Feb. 3, 2020. (Erik Schelzig, Tennessee Journal)

Tennessee Attorney General Herbert Slatery is joining an amicus brief supporting a Texas lawsuit seeking to overturn the result of the presidential election to sway it in President Donald Trump’s favor.

“The Tennessee Attorney General’s Office has consistently taken the position that only a State’s legislature has the authority to make and change election laws,” Slatery said in a statement. “This Office pressed that argument in cases defending Tennessee’s election laws against pandemic-related challenges and in amicus briefs in cases involving similar challenges in other courts. This is not something new.”

Slatery’s office this year fought efforts to allow anyone afraid of contracting COVID-19 to cast absentee ballots. The state lost at the chancery court level, allowing the looser restrictions on mail-in balloting to take effect for the primary. The state Supreme Court later overturned the the decision, but only after the AG’s office reversed course to say anyone with an underlying health condition making them more susceptible to COVID-19 (or anyone living with someone who did) could cast absentee ballots.

A Trump-appointed federal judge also ruled Tennessee couldn’t enforce its rules this year requiring first-time voters who registered online to cast their ballots in person.

Senate Minority Leader Jeff Yarbro (D-Nashville) called Slatery’s move a “low point in the history of the office of the Tennessee Attorney General. “

“Here’s the context: The Attorney General in Texas is under FBI investigation and widely assumed to be fishing for a pardon” Yarbro said on Twitter. “Now the Tennessee Attorney General is spending Tennessee resources to help?”

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