Tennessee to Warn Voters at Polls About Voting Across Party Lines in Primary

by Jon Styf

Tennessee polling places will now be required to post signs on partisan primary election days warning voters to only vote in a primary for a party that they are a bona fide member.

Gov. Bill Lee signed a bill to add the notice to polling places this week.

“It is a violation of Tennessee Code Annotated, Section 2-7-115(b), and punishable as a crime under Tennessee Code Annotated, Section 2-19-102 or Section 2-19-107, if a person votes in a political party’s primary without being a bona fide member of or affiliated with that political party, or to declare allegiance to that party without the intent to affiliate with that party,” the signs will read.

Attorney Daniel Horwitz, however, has explained in his blog he believes that someone could claim to be a bona fide member of both the Republican and Democratic parties at the same time in Tennessee, where voters are not required to register for a party.

“For one thing, public officials have absolutely no authority to determine party membership—only parties do,” Horwitz wrote. “For another, affiliating with one political party does not categorically preclude a voter from affiliating with another, since political parties are not necessarily incompatible with one another. All contrary conclusions reflect a fundamental misunderstanding of the First Amendment as it applies to political parties’ freedom of association.”

Horwitz explained a person’s right to vote would have to be challenged at the polling place by another person who is present. Then election judges would have to administer an oath and ask questions of the voter on the spot and only if the judges unanimously agree the voter cannot vote would the challenge be valid.

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Yes, Every Kid

Jon Styf is an award-winning editor and reporter of The Center Square who has worked in Illinois, Texas, Wisconsin, Florida and Michigan in local newsrooms over the past 20 years, working for Shaw Media, Hearst and several other companies.
Photo “Election” by Edmond Dantès.

 

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8 Thoughts to “Tennessee to Warn Voters at Polls About Voting Across Party Lines in Primary”

  1. Cannoneertwo

    Let’s put the name of each person that’s running, ALONG WITH THEIR PARTY AFFILIATION, BE IT GREEN, LIBERTARIAN OR OTHER, on the ballot. This is one of the consequences of only listing the candidates’ party if they are Democrat or Republican.

  2. LM

    Or else what? How many Republicans would love to vote for Kennedy, Jr. on the Democrat primary to keep Bernie and Potato Head out of the running?

  3. Randall Davidson

    Seems to be trying to force you into one of the two main parties. Is there no such thing as an independent anymore?

  4. Simple..Republican Governors Association is pushing DeSantis as their pick. They will do everything in their power to keep President Donald J Trump off the ballot. Lawfare. The Republicans and Democrats are the two wings of the Uniparty. They care not who wins, D or R, as long as it’s not President Trump.
    They’re corrupt to the core.

  5. Randy

    It matters who governs. Not only as Chief Executive and in the State Legislature but within the political parties. This is not entirely an Elected official problem. We the people must become better at electing those that represent us. The pool is devoid of statesmen and full of politicians.

  6. Debbie

    What party does the Governor vote in? Appears he swings between D and R since the time he wiped his internet site of the 7 promises he would keep if elected, and the recent support of Red Flag laws.

  7. Joe Blow

    A toothless effort to placate those of us who believe that primaries should be closed to only those who have REGISTERED as a D or an R.

  8. Nameless Hunter

    Idiot Lee showing once again that he is an idiot. His law means NOTHING. Nothing but virtue signaling. Until voters have to register as a Republican or Demokrat, it’s a wide open primary.

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