TBA Law Blog

TBA Law Blog

State Moves to Dismiss Absentee Case After Plaintiffs Vote In Person

Posted by: Kate Prince on Aug 11, 2020

The state yesterday filed a motion to dismiss the federal lawsuit that would allow all Tennesseans to vote by mail, claiming a plaintiff’s decision to vote in person undermines the entire suit, the Tennessean reports. Several advocacy groups and individuals filed the suit to expand absentee voting due to the COVID-19 pandemic, including Kendra Lee, who in the filing argued she should be allowed to vote by mail due to her underlying health conditions, which include asthma and bronchitis. But, Lee voted in person during the early voting period, an action the state says removes her legitimacy as a plaintiff. In an interview last week, Lee said she did so because she didn't have faith in the state or Shelby County Election Commission to properly handle an absentee ballot request after hearing from others who reported ballots that were delayed or never arrived. Earle Fisher, a plaintiff in the Davidson County case, also voted in person, but says he did not believe the actions of one person were the focus of the lawsuit, saying the lawsuit was filed on behalf a very broad group of citizens who needed as much access as possible." The state Supreme Court last week overturned an injunction by the lower court that allowed fear of COVID-19 to be a reason to apply for the primary. 

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.