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Controversy over new Tennessee law could lead to criminal charges for primary voters

5p i-Lawsuit challenging new primary voting law vo_frame_124.jpeg
Posted at 4:04 PM, Feb 22, 2024
and last updated 2024-02-22 19:42:43-05

NASHVILLE, Tenn. (WTVF) — Early voting is underway for the presidential primary in March.

And did you know under a new Tennessee law, you could be charged with a crime for the way you vote?

It could be a misdemeanor or a felony depending on the situation.

Signs are actually posted at precincts warning voters — even as a controversial new law is being challenged in federal court as being unconstitutional.

If you are going to vote early in the primary, you are likely unaware of a new law that requires you be a bonafide member of the party of the candidate you want to pick. The question is: What does that mean?

"Right now, this is the law, and we don't understand what it means," said Debbie Gould with the League of Women Voters.

The organization is among a group suing the state for a law they say is unconstitutional.

"We have an open primary system. Every time you vote, you can choose which ballot is more appropriate for you," said Gould.

As a Tennessee voter, you do not have to register for a particular party. In primaries, you simply select whether to vote Democrat or Republican.

Now, sometimes one party voter will choose to cross over and vote for a candidate in the other party. But this sign posted in precincts says it's a violation to do that without being a bona fide member of that political party.

"We have no way to say someone is a bonafide member of a party and yet this sign requires someone to know this," said Gould.

Bona fide? Again, what does that mean?

Poll workers say voters ask about it. All they can say is the sign speaks for itself.

It's confusing and voter rights advocates say this law may discourage people from voting fearing prosecution.

"We want to make it easier to vote, and this will have a chilling effect because people are confused," said Gould.

At this point, there is no indication anyone will be prosecuted under this law, but those who are against it seek an injunction to get it off the books before the primary on March 5.

Lawmakers who passed the bill into law say it reminds people to vote in the proper political party that they identify.

Critics said it's a clumsy effort to discourage crossover voting.


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