Federal Court Upholds Tennessee’s Absentee Ballot Application Law
In a recent ruling, a federal appeals court has upheld a Tennessee law that restricts the distribution of absentee ballot applications to election officials only. This legal challenge emerged as one of several during the COVID-19 pandemic, which questioned Tennessee’s restrictions on voting by mail.
The law not only bars the distribution of official absentee ballot applications but also permits individuals other than election workers to create and provide unofficial forms to gather the necessary voting information.
No Revival of Legal Challenge
A panel of federal appeals judges, in a 2-1 decision, chose not to revive a legal challenge against this Tennessee law, which deems it a felony for anyone besides election officials to distribute absentee ballot applications. The 6th U.S. Circuit Court of Appeals concurred with a lower court’s decision that the ban does not infringe on First Amendment speech.
This lawsuit was one among many filed during the COVID-19 pandemic, contesting Tennessee’s vote-by-mail restrictions. A district judge initially declined to block the ban on distributing absentee voting forms before the November 2020 election and later dismissed the lawsuit in December 2021.
The plaintiffs in this case included Tennessee’s NAACP conference, The Equity Alliance, a group focusing on Black voter registration, and others. They contended that the law violated First Amendment rights, especially during the COVID-19 pandemic when many lacked reliable computer, printer, or internet access. Their goal was to distribute official absentee applications to eligible voters.
Court’s Ruling and Reactions
In this week’s opinion, 6th Circuit Judge Eric Murphy emphasized that while the plaintiffs presented persuasive policy arguments, it is the responsibility of lawmakers to consider altering the law, especially now that the absentee form is available online. Murphy also noted that without the law, mass mailings of absentee applications might lead to significant confusion due to eligibility restrictions for mail-in voting in Tennessee.
Murphy clarified that the court’s role is not to pass judgment on whether the ban is good or bad policy but to step in if it violates federal standards, particularly the First Amendment.
Tennessee Secretary of State Tre Hargett echoed the court’s decision, asserting that the role of the court is to intervene only when a democratically passed law breaches federal standards.
Dissenting Opinion
However, not all judges on the panel agreed with this ruling. Judge Helene White dissented, arguing that the majority had misapplied legal standards to uphold a Tennessee law that could result in imprisonment for those distributing publicly available absentee ballot applications. White highlighted situations where individuals, such as a grandson encouraging his elderly grandparents to vote by mail, could face legal consequences.
Legal Provisions for Unofficial Forms
Besides the ban on distributing official absentee applications, Tennessee law permits individuals other than election workers to create and distribute unofficial forms to collect voting information. However, this is only permissible if voters request these unofficial forms. Sending them unsolicited can result in misdemeanor penalties. These unofficial forms are considered absentee applications as long as they contain the correct information.