Tennessee: Registration Drive Restrictions

Fair Elections Center, American Civil Liberties Union, ACLU of Tennessee, and Campaign Legal Center filed a federal lawsuit May 9, 2019 challenging a new Tennessee law that imposes substantial penalties on groups that foster political participation via voter registration efforts.

The lawsuit was filed on behalf of the League of Women Voters of Tennessee, American Muslim Advisory Council, Mid-South Peace & Justice Center, Rock the Vote, and Spread the Vote.

Tennessee ranks 44th in voter registration, but during the 2018 midterm election the state saw a surge in registrations. Instead of providing greater resources to help election offices process the influx, the Tennessee General Assembly passed a measure that creates criminal and civil penalties against those who fail to comply with onerous requirements and turn in “incomplete” applications. The governor signed the bill into law last week.

The complaint charges the new law violates freedom of speech, freedom of association, due process, and the fundamental right to vote under the First and Fourteenth Amendments. Along with the lawsuit, the groups filed a notice letter to the state citing violations of the National Voter Registration Act.

The lawsuit, League of Women Voters of Tennessee v. Hargett, was filed in U.S. District Court for the Middle District of Tennessee. Co-counsel also includes Sherrard, Roe, Voigt & Harbison PLC.