One of the most hotly contested ballot issues in Tennessee history now takes center stage in a Federal courtroom.
In the November 2014 election, Amendment 1 passed with 53 percent of the vote. It gave lawmakers more power to restrict and regulate abortions.
However, shortly after the election, a group of opponents filed a lawsuit claiming the state inaccurately counted the votes, and believes a recount is needed.
“It is our contention, if the votes had been counted appropriately, we think there is a good likelihood Amendment 1 wouldn’t have passed,” said Ellen Wright Clayton, one of the plaintiffs in the case.
For an amendment to pass, the Tennessee Constitution states it must be ratified "by a majority of all the citizens of the state voting for governor."
However, Wright Clayton argued the total was misleading because during the campaign, some encouraged voters to vote for Amendment 1, but not vote in the governor’s race to increase the chances of the measure passing.
“The failure to count it correctly as required by the Tennessee Constitution violates our constitutional rights,” said Wright Clayton. “It dilutes our vote.”
Court documents show state election officials believe the votes were counted properly, and the lawsuit has no merit.
The case will be heard in U.S. District court Tuesday, April 5 at 9:30 a.m.
