Tennessee to count provisional ballots by people convicted of felonies who had rights in limbo

NASHVILLE, Tenn. (AP) — Tennessee will count the provisional ballots cast by six convicted felons whose voting rights were recently restored by a judge due to a flurry of legal motions filed by state officials claiming they needed to regain their gun rights in order to cast another ballot.

Election Coordinator Mark Goins instructed authorities to count the provisional ballots, according to correspondence he sent earlier this month to county election commissioners.

Even though I disagree with the court’s order and other courts have handled requests for restoration of rights differently, Goins wrote in a letter on November 15 that we must follow the court’s order in this particular case because of its timing and wording, even though it is not final.

Voting rights activists were taken aback in January when the Secretary of State’s office in Tennessee declared that regaining one’s gun rights and other citizenship rights is a prerequisite for regaining the ability to vote.

The election administration cited a 2023 state Supreme Court decision in support of its decision, which stated that anyone seeking resumed voting rights after a felony conviction must first have their entire citizenship restored by a judge or demonstrate that they were pardoned by a governor. The Secretary of State’s office concluded that one of the necessary rights was the freedom to bear arms.

Although the state has vehemently defended its position, many have claimed that its legal interpretation was completely incorrect. A few voters went to court and the courts concurred with them when they attempted to vote in the November election despite having been convicted of felonies that deprived them of their right to bear arms. The state then retaliated by filing multiple motions to have the judges reverse their rulings.

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Citing a 2002 Tennessee Supreme Court decision, one judge stated that full citizenship rights can still be restored even in cases when a person’s access to firearms is nonetheless restricted by state law. The gun-banning acts are not among those listed in state law as being ineligible for the restoration of voting rights, according to Judge Angelita Blackshear Dalton of the Davidson County Criminal Court.

The six voters who were engaged in the litigation were instructed to cast provisional ballots, meaning that their votes would be counted if their voting status was verified, while the matter continued past Election Day.

In two lawsuits involving voter restoration, another Nashville court rendered a similar decision on Friday.

Judge Thomas Brothers stated in court, “I do think that the case law in Tennessee is such that the right to vote can be restored without having to restore the right to bear arms.”

Goins cautioned election commissions in Davidson, Lewis, Sumner, and Wilson counties that the most recent court rulings were not final, even though they reluctantly permitted the six voters to cast their provisional ballots.

According to Goins, this court ruling could eventually be overturned or changed. It is possible that the voter registration will be purged if that occurs.

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Jonathan Mattise, a journalist for the Associated Press, contributed from Nashville.

The Associated Press, 2024. All rights reserved. All rights reserved. It is prohibited to publish, broadcast, rewrite, or redistribute this content without authorization.

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