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

Here is the latest jail booking report from Hamilton County: ARNOLD, JOSEPH LEGRANDE  HOMELESS CHATTANOOGA, 37404  Age at Arrest: 56 years old Arresting Agency: Chattanooga PUBLIC INTOXICATION --- AUSTIN, DERRICK RICHARD  3011 WILCOX BLVD CHATTANOOGA, 37406  Age at Arrest: 20 years old Arresting Agency: Chattanooga DISORDERLY CONDUCT ... (click for more)

City Council Approves Agreement For Road Leading From Main Street To Edge Of Choo Choo

The City Council on Tuesday approved an agreement for development of Passenger Street as a connection between Main Street and the edge of the Chattanooga Choo Choo property. Passenger Street goes north by Main Street Meats and The Flying Squirrel bar. Under the agreement, LIV Development of Birmingham, Ala., will provide engineering plans for the reconstruction of one section ... (click for more)

Dismal Educator Teaching At UTC - And Response

Roy Exum,  People are talking about the inability of UTC to turn out high quality teachers. Well, should any university be expected to turn a sow's ear into a silk purse? We all know how our school system students fail miserably on national scholastic aptitude tests as a whole.  Forget Tcap tests, those are teacher tests not meant for measuring student progress, but ... (click for more)

Roy Exum: Man’s Need To ‘Jaw’

On the first day of every month, I’ve gotten into the habit of taking a stroll in “my garden.” I mix up the “orchids” (good stuff) and “onions” (bad stuff) that has idled in my brain from the month before and most people seem to like it. I know I do. One of the “onions” for this January read like this: “AN ONION to the disappointing realization Chattanooga no longer has Bill Kilbride ... (click for more)

Without Suspended Coach, Canes Slip Past Bradley, 60-52

East Hamilton boys’ basketball coach Rodney English has been suspended from his coaching duties and did not accompany the team to Cleveland for Tuesday night's District 5-3A game against Bradley Central at Jim Smiddy Arena. Assistant coach Zach Roddenberry, who has two years of head coaching experience at Boyd-Buchanan and a half a season as interim coach at Midland High School ... (click for more)

Faires Win Leads Trojan Matmen Past Bradley, 27-21

It’s been a whirlwind week so far for Soddy Daisy wrestling coach Jim Higgins and it’s only Tuesday. He and his wife put their house on the market Monday and it sold less than 24 hours later.  Add to that Soddy Daisy’s 27-21 win over defending state champ Bradley at the Soddy Daisy Wrestling Arena Tuesday night and you can see that a lot of good things have happened in a ... (click for more)