Tennessee Supreme Court Upholds Voter ID Act

Thursday, October 17, 2013

Ruling on constitutional challenges to the state’s Voter Identification Act by the City of Memphis and two Shelby County voters, the Tennessee Supreme Court has unanimously declined to overturn the act.

The act, which was passed in 2011, requires voters to present government-issued photographic identification in order to cast a ballot in state or federal elections. As originally written, the act authorized several acceptable forms of identification, one of which was a valid photographic identification card issued by an entity of the State of Tennessee. 

In response to the new law, the City of Memphis Public Library began issuing photographic identification cards to its patrons. Shelby County residents Daphne Turner-Golden and Sullistine Bell attempted to vote in the August 2012 primary using their library cards but were turned away by election officials.

Prior to the 2012 general election, Turner-Golden and Bell, along with the City of Memphis, filed suit, arguing that the photographic identification requirement violated state constitutional protections and that the City of Memphis library cards were valid identification. The trial court denied relief on all counts. 

The Court of Appeals affirmed in part and reversed in part, holding that the library cards were acceptable identification under the act, but also concluding that the photographic identification requirement was constitutional. Because early voting for the 2012 general election was underway, the Court of Appeals ordered election officials to accept cards from the Memphis Public Library. The Supreme Court granted review in November of 2012 and ordered election officials to continue to accept cards from the Memphis Public Library during the general election.

On April 23, the General Assembly amended the Voter Identification Act so that cards issued by municipal libraries were specifically excluded as valid identification. Because of the April 2013 amendments, the Supreme Court first ruled that all issues pertaining to the validity of the Memphis Public Library cards were moot. In addition, the Court ruled that the individual plaintiffs, Turner-Golden and Bell, had legal standing to challenge the act, but the City of Memphis, which obviously did not have a vote, did not. Finally, the Court held that the version of the act in effect at the time of the 2012 primary election met constitutional standards, concluding that the legislature has the prerogative to enact laws guarding against the potential risk of voter fraud and determining that the additional requirements placed on voters were not so severe as to violate protections set out in the Tennessee Constitution.

Visit the Opinions section of TNCourts.gov to read the City of Memphis, Tenn. v. Hargett Opinion authored by Chief Justice Gary R. Wade, and the concurring Opinion by Justice William C. Koch, Jr.


Latest Hamilton County Jail Booking Report - And Mug Shots

Here is the latest jail booking report from Hamilton County: BAILEY, JOHANNA R 6242 TELTHA LN CHATTANOOGA, 37415 46 Hamilton County PASSING WORTHLESS CHECK(S) BARERRA, RIGOBERTO 422 EAST 16TH STREET CHATTANOOGA, 37408 29 Chattanooga DRIVING WITHOUT DRIVERS LICENSE / EXPIRED LICENSE FINANCIAL RESPONSIBILITY REGISTRATION, EXPIRED BIBBS, DEMETRIUS ... (click for more)

Latest Hamilton County Jail Booking Report - And Mug Shots

Here is the latest jail booking report from Hamilton County: AKRIDGE, JERTERRIUS MARSHAWN 6317 TALLEDEGA AVENUE CHATTANOOGA, 37421 20 Chattanooga THEFT OF PROPERTY EVADING ARREST RESISTING ARREST OR OBSTRUCTION OF LEGAL PROCESS RECKLESS ENDANGERMENT POSSESSION OF CONTROLLED SUBSTANCE ANTONIO, MICAELA 2001 E. 28TH ST. CHATTANOOGA, 37407 31 Hamilton ... (click for more)

Don't Allow Us To Be Overrun By People Who Do Not Belong Here - And Response (6)

Thank you, Senator Corker, for your clear, concise evaluation of the president's attempt to bypass Congress and personally and independently establish national policy that violates our current immigration laws.   Our long-standing failure to enforce our laws to control illegal immigration across our southern border has made this country less safe and ... (click for more)

Roy Exum: Our Tubman Goat-Roping

Every spring there comes a bright day on the ranch when the straw-boss decrees a goat-roping should take place. What really happens is the veteran cowboys arm the greenhorns with some lariats late in the afternoon and take them to the pen that holds some Billy goats. This is before they get into bigger beasts -- horses and cattle – yet what appears to be easy most certainly is not. ... (click for more)

Missouri Hangs On, Turns Back Tennessee, 29-21

KNOXVILLE, Tenn. – Missouri pin-pricked Joshua Dobbs’ bubble of invincibility Saturday night at Neyland Stadium. The nationally ranked Tigers drove a stake in Tennessee’s heart with Maty Mauk’s 73-yard touchdown pass to Jimmie Hunt in the fourth quarter, held Dobbs in check most of the game and beat the Vols, 29-21, before 95,821 fans on a chilly night on the banks of the Tennessee ... (click for more)

Mocs Win Big Over Furman, Undefeated In Conference Play

The University of Tennessee at Chattanooga football team put a cherry on top of its 2014 regular season with Saturday’s 45-19 win at Furman (3-9, 2-5 SoCon).  The victory gives the No. 9 Mocs (9-3, 7-0 SoCon) its first ever undefeated Southern Conference slate and its first nine-win season since 1979. Junior quarterback Jacob Huesman led the way with 257 passing yards ... (click for more)