TBA Law Blog


Posted by: Kate Prince on Aug 6, 2020

The Tennessee Supreme Court on Wednesday vacated a temporary injunction that gave all registered voters in the state the option of casting a ballot by mail, the Tennessean reports. Davidson County Chancellor Ellen Hobbs Lyle had ruled to expand absentee voting in June, ordering the state to accept fear of catching or transmitting COVID-19 as a valid reason to vote by mail. During oral argument last week, lawyers for the state changed their stance on who qualified to vote by mail, telling the high court that those with a “special vulnerability” to the virus and their caretakers would be allowed to vote by absentee ballot. Based on the state’s new interpretation of the statute, the justices concluded that the injunction was not necessary since those especially vulnerable to the virus already qualified for absentee voting. They also ruled that fear of COVID-19 among individuals who aren’t especially vulnerable to the virus does not qualify them to vote by mail. Absentee ballots mailed for today’s primary election will still be counted, but state election officials have told counties to “sit tight” before making a game plan for the November election. Read more on the 4-1 ruling at the Tennessee State Courts website.