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: BAILEY, CORDARRIUS DEQUAN  1612 TRUMAN AVE EAST RIDGE, 37412  Age at Arrest: 18 years old Arresting Agency: Hamilton County CONTEMPT OF COURT (VIOLATION OF COMMUNITY PLACEMEN --- BELL, RONALD KEITH  631 DOGWOOD DR THOMSON, 30824  Age at Arrest: 38 years old Arresting Agency: Hamilton ... (click for more)

Upcoming City Council Agenda For Tuesday

Here is the upcoming City Council agenda: I. Call to Order. II. Pledge of Allegiance/Invocation (Councilman Gilbert). III. Minute Approval. IV. Special Presentation. “Mediation Awareness Week Proclamation” By Councilwoman Carol Berz V. Ordinances – Final Reading : (None) VI. Ordinances – First Reading : POLICE a. An ordinance to amend Chattanooga ... (click for more)

Chattanooga's Citizens Are The Best

Today, when I finished my shift, my wife and I had a rare kid-free time where she and I could enjoy a nice quiet dinner. So, when I left my extra job and she left her job, we met at a neat local place in St. Elmo. She and I had been looking forward to and planning this dinner all day. You see, between my work with the city of Chattanooga, my many hours of extra jobs, and our responsibilities ... (click for more)

My Garden In October

Just when you thought the weather would never break, the heat was on low this morning as Tide and I stepped from the house to study our October garden. Falling leaves and the dog’s dirty tennis balls aside, let’s praise the Lord that, as a new month dawns, we are still blessed with orchids and onions galore. The dog asks that I include the fact October is National Pet Adoption month ... (click for more)

Ooltewah Demolishes Soddy-Daisy 62-7 In Homecoming Blowout

Ooltewah exploded for 31 first-quarter points, kept the pedal to the metal and steamrolled Soddy-Daisy 62-7 Friday night in a Region 4-5A football whuppin’ that left the Trojans shaking their heads and the Owls celebrating an eye-popping homecoming triumph at James N. Monroe Stadium. It was Ooltewah’s sixth straight win against the Trojans and the average score in those games ... (click for more)

McCallie Routs Baylor, 42-7

McCallie’s high-powered offense – averaging 45 points in its four wins prior to Friday night - is as good as advertised and it’s defense –allowing only 23 points in those four victories - is rock solid. Just ask Baylor. Thanks to a clicking-on-all-cylinders offense led by senior quarterback Robert Riddle - 181 passing yards and three touchdowns – and a defense with three ... (click for more)