Friday, June 5, 2020

TN Must Allow Vote-by-Mail for All Amid Covid-19


The Tennessee State Court, No. 20-0435-I(III), IN THE CHANCERY COURT FOR THE STATE OF TENNESSEE TWENTIETH JUDICIAL DISTRICT, DAVIDSON COUNTY, PART III, Holds that, given COVID-19, State Constitution Requires offering Any Voter the Opportunity to Vote by Absentee Ballot in Upcoming November General Election.

Davidson County Chancellor, Ellen Hobbs Lyle, ruled Thursday night, that due to the Pandemic the State's Requirement that All but a Select Few must Cast Ballots In-Person "constitutes an unreasonable burden on the fundamental right to vote guaranteed by the Tennessee Constitution."

According to the Tennessee Secretary of State's office, Absentee Voting is Permitted to those who fall under Specific Categories: Seniors; Sick and Disabled who Can't access Polling Stations; Out-of-Country Travelers; Out-of-State Students; and those who will Miss the Vote due to Jury Duty, among Others.

In the Lawsuit filed by the American Civil Liberties Union of Tennessee on behalf of Several Registered Voters who either Suffer from or Live with those Suffering from Autoimmune Conditions, the Plaintiffs argued they will Not be able to Vote in Upcoming Elections due to the Risk of Contracting or Transmitting the Deadly and Infectious Coronavirus.

One interesting aspect of the Opinion is the Discussion of the Supposed Antifraud Benefits of requiring In Person Voting: “The court notes that voters will be able to wear face masks when voting. These conditions obscure identity and undercut the defense that in-person voting during the pandemic poses less of a threat of voter fraud.”

We will see if the State Appeals.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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