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.



All School Board Members But Rhonda Thurman Approve Going Ahead With Equity Study

All County School Board members except Rhonda Thurman said Thursday afternoon they are in favor of pushing ahead with an equity study sought by new Supt. Bryan Johnson. Ms. Thurman said she was "tired of bullying tactics by outside groups" such as UnifiEd and Chattanooga 2.0. She said the 132 people who signed a letter in support of the study include people "with deep pockets" ... (click for more)

Upcoming City Council Agenda For Tuesday

Here is the upcoming City Council agenda for Tuesday: I. Call to Order. II. Pledge of Allegiance/Invocation (Vice-Chairman Oglesby). III. Minute Approval. IV. Special Presentation. V. Ordinances – Final Reading: (None) VI. Ordinances – First Reading: ECONOMIC AND COMMUNITY DEVELOPMENT a. An ordinance amending Chattanooga City Code, Part II, ... (click for more)

The Boss, Claude Ramsey

I try not to overuse the word great, but we lost a great man today, Claude Ramsey. I had the pleasure of serving under him as director of Commercial and Industrial Properties for 14 years while he was the Hamilton County Assessor of Property. He was probably the smartest person I have ever known. He was tough but patient, kind, caring and compassionate. He knew how to get ... (click for more)

Roy Exum: Saturday Funnies

You know that rattlesnakes, copperheads and water moccasins are deadly reptiles that we in the South must avoid at all costs but then again, snakes are part-and-parcel of the Sothern culture. Some years ago, before the Alabama football team was preparing to play Notre Dame, a Chicago sports writer asked a Crimson Tide player the bigger difference between the two college juggernauts ... (click for more)

Katie Burrows Sets UTC Women's Basketball Staff

Chattanooga head coach Katie Burrows is putting the finishing touches on her new staff. The faces will remain the same, but the responsibilities will shift.   Assistant coaches Brittany Johnson and Jon Goldberg will remain on the staff and Debbie Black moved from Director of Operations to assistant coach. Former student-athlete Aryanna Gilbert will be the Mocs' student ... (click for more)

CASL: Thursday's High-Point Scorers

CUMBERLAND HIGH-POINT SCORERS: None reported. RIDGESIDE HIGH-POINT SCORERS: 19 – Arianna Bond, Izzy Bauer, Drew Bond, Madeline Bond 17 – Beccan Fitzsimmons, Taj Goodman, Adelaide Bond, Jack Fitzsimmons 16 – Brynne Burkhart 15 – Alex Lowry 14 – Ryan Carpenter, Kathy Zeglen, Owen Eastman 13 – Asa Hedrick 12 – Erynn Whaley, Monica Suttles 11 – Wally ... (click for more)