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: ADAMS, CHRISTOPHER STEPHEN  8729 MILLARD LEE LANE CHATTANOOGA, 37416  Age at Arrest: 35 years old Arresting Agency: Hamilton County FAILURE TO APPEAR --- ADAMS, KAREN ANNETTE  1707 FOUT STREET CHATTANOOGA, 37407  Age at Arrest: 56 years old Arresting Agency: Hamilton County PASSING ... (click for more)

City Attorney Proposes New Policy To Dispose Of City Records

City Attorney Wade Hinton proposed a new policy for the retention and disposition of city records at Tuesday afternoon’s City Council meeting.   “Unfortunately we have had a culture of ‘Keep Everything,’” Attorney Hinton stated, referring to the city documents that have been “floating” around since the 1980s. “The unfortunate thing is that we keep these documents all over…and ... (click for more)

An Extra Helping Of Gratitude

After being thankful for the grace of God, my family and good health, this year I have an extra helping of gratitude to live in a special place called Chattanooga.   We endured the trauma of terrorism on July 16 and emerged more united and stronger than ever before.  We claim our heritage and celebrate our diversity like no other city in America.  We honor our ... (click for more)

Roy Exum: Vote DesJarlais Out!

There are two good bills in both the Senate and the House of Representatives right now that are directly aimed at the sadistic villains who derive some sick pleasure out of torturing helpless Tennessee Walking Horses. They call it “soring,” where caustic materials are lathered into a horse’s forelegs and then wrapped in plastic so they’ll cook. Sometimes they use nails or screws ... (click for more)

Red Bank Girls Stay Unbeaten With 53-51 Win Over Soddy Daisy

The Red Bank Lionettes pulled out a 53-51 victory over the Soddy Daisy Lady Trojans on Tuesday night at Red Bank's Susan Ingram Thurman Gymnasium, but the win was more signicant for Red Bank coach Bailey McGinnis than probably any she'll celebrate the rest of the season. You see, her older brother Drew Lyness is the Soddy Daisy coach and he had bragging rights after winning both ... (click for more)

UTC Basketball: Women Host Arkansas State Tonight at 6:30 p.m.

The UTC women's basketball team (3-2) host undefeated Arkansas State (3-0) tonight at McKenzie Arena at 6:30 pm. The Mocs lost to Tennessee 59-57 Monday and host UT-Martin Saturday at 6 p.m. before No.1 UConn comes to town next Monday at 6:30 p.m. UTC is led by Keiana Gilbert with 12.6 pppg and Jas Joyner with 10.2 ppg. As a team, UTC is outscoring opponents, 56.2 to 52.6. ... (click for more)