A Nashville chancellor ruled Thursday that Tennessee election officials must allow all voters in the state to cast absentee ballots in light of the coronavirus pandemic.
Chancellor Ellen Hobbs Lyle said state limits on absentee voting constitute “an unreasonable burden on the fundamental right to vote guaranteed by the Tennessee Constitution.”
She said the state must “prominently post on their websites and disseminate to County Election Officials that voters who do not wish to vote in-person due to the COVID-19 virus situation are eligible to request an absentee ballot by mail or that such voters still have the option to vote in-person during Early voting or on Election Day.”
Chancellor Lyle said 11 other states have taken a “can-do approach” by cutting restrictions on absentee voting.
Tennessee officials have expanded absentee voting, but maintain that fear of catching the virus is not a reason to get an absentee ballot. They also cite the high cost of mail voting and potential fraud problems.
The decision is expected to be appealed.
State Attorney General Herbert Slattery said, "This evening Davidson County Chancellor Ellen Hobbs Lyle ordered state government to abandon long standing requirements for in person voting.
"Tennessee, like all states, must engage in a delicate balancing act: it must safeguard voters from COVID-19 exposure while ensuring that voters are not disenfranchised.
"Tennessee’s election officials consulted with experts from the Tennessee Department of Health and county health departments to create a comprehensive COVID-19 election plan that conforms to the CDC’s guidance and makes Tennessee’s polling places safer than the general community.
"The Court’s ruling, while rightly taking into account the safety of Tennessee’s voters and poll workers, failed to appropriately consider the extensive safety measures of the COVID-19 election plan, and, more importantly, gave little weight to the unanimous expertise of state and county election officials that hastily expanding absentee voting is impracticable and risks disenfranchising Tennessee voters.
"The Court’s order has taken this important decision away from Tennessee’s state and county election experts and unnecessarily risks voter confusion, potential voter fraud, and election disruption.
“It is yet another court decision replacing legislation passed by the people’s elected officials with its own judgment, largely ignoring the practicalities of implementing such a decision, and doing so in the midst of a pandemic and budget crisis.”
The American Civil Liberties Union, the ACLU of Tennessee, and Dechert LLP were in court Wednesday seeking the order "due to the highly contagious and deadly COVID-19 outbreak and the risks it poses to many voters. The case was brought on behalf of several Tennesseans whose health would be in jeopardy if forced to vote in person while COVID-19 is spreading."
ACLU officials said, "While most states allow any eligible voter to cast an absentee ballot, Tennessee requires voters to provide an "excuse" to do so from a very narrow list of criteria; practicing social distancing measures and/or self-quarantining was not included, meaning the vast majority of voters would have been forced to vote in person — or avoid voting at all for fear of becoming ill, disenfranchising thousands.
"Tonight's decision removes this barrier through the entire 2020 election calendar."
The group said the court also ordered the state to provide guidance instructing local election officials to issue absentee ballots to all eligible voters for the primary, and conduct a public information campaign informing voters about the elimination of the excuse requirement at this time.
"This is a major victory for voting rights. This ruling eliminates the excuse requirement for the 2020 elections, meaning Tennesseans will not have to risk their health in order to vote," said Dale Ho, director of the ACLU's Voting Rights Project.
"During this health crisis, the ability to have a say in our government is more critical than ever," said Thomas H. Castelli, ACLU of Tennessee legal director. This ruling makes it possible for voters to choose how to safely vote."