NASHVILLE, Tenn. – Tennessee election officials are objecting to a judge's ruling that restored the voting rights of four people who can't have guns under their specific felony offenses, citing a new state law that makes resolving gun and other “citizenship rights” of convicted felons a prerequisite to casting ballots.
The state expressed its disagreement in a court motion filed just days before the Oct. 7 voter registration deadline. With that deadline now passed for registering, chances have dimmed for the four people and others facing similar obstacles to securing the right to vote this fall.
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Meanwhile, the state has not yet accepted or rejected applications from the four applicants seeking restoration of their voting rights, their attorney, Keeda Haynes, said.
“We think the order is valid as it is, and we’re going to ask (the judge) not to change it, and to order the elections division to register these individuals to vote,” Haynes said.
Tennessee officials made the gun rights requirement change in January after declaring in July 2023 that someone who served out a felony offense needs their “full rights of citizenship" back before their voting rights can be restored. They said a new state Supreme Court ruling required the changes.
Voting rights advocates said officials badly misinterpreted the decision and made the rules significantly harder to vote after a felony, which was already convoluted and tough to accomplish.
The four voters' case is one of the first to force officials to defend the mandate in court. Advocates have warned that tying gun and voting rights restorations could permanently disenfranchise many more voters than what state law calls for in the categories of permanently barring offenses. That is because felony drug crimes and felonies involving violence prompt a ban on gun rights.
Davidson County Criminal Court Judge Angelita Blackshear Dalton last month ordered the restoration of voting rights for the four requesters. She reasoned that if someone can’t get their gun rights back because an offense disqualifies it, there is state case law that says they can still get their voting rights and other citizenship rights back.
In a motion last week, the state argued that the judge misconstrued the court precedent. Attorney General Jonathan Skrmetti's office requested that the order be changed to say only part of the voters' “full rights of citizenship” were restored and that the state opposes restoring the “full” rights of citizenship. Even if a judge says someone's voting rights are restored, the state can still determine someone doesn't meet the criteria to register to vote, officials reasoned.
“The definition of ‘full’ does not change to include fewer rights when a felon commits a more serious crime,” the state wrote. “Full means full.”
In another case, the elections office denied another man's registration because a judge restored his citizenship rights — including voting, but excluding guns. Attorneys representing him argued that the election coordinator should be held in contempt for not accepting his voter registration. But the judge ruled there weren't grounds to hold Tennessee Elections Coordinator Mark Goins in contempt.
Since 2020, Tennessee's voting-rights restoration system has been facing a lawsuit. The plaintiffs argue there is a lack of clarity about which officials can sign the necessary forms, no criteria for denial and no avenue offered for appeal, among other criticisms. The lawsuit was delayed to target the tougher restrictions, too, and heads to trial Dec. 10.
A 2006 state law had established a process for people convicted of a felony to petition for the restoration of voting rights if they can show they have served their sentences and do not owe outstanding court costs or child support.
Now, applicants must also get their citizenship rights back in court or through a pardon by a president, governor or other high-level official, then complete the old process.
Expungement offers a separate path to restore voting rights, but many felonies are ineligible.
Earlier this year, Republican lawmakers punted any change on the issue until after the election, with several key leaders stating that people shouldn't violate the law if they didn't want their voting rights revoked. Instead, GOP leaders decided to study citizenship-rights issues and propose changes after returning in January.
Tennessee has more than 470,000 estimated disenfranchised felons, and they face a convoluted restoration process that is also unavailable for select offenses, according to a report from The Sentencing Project last updated in 2023. The report states that 9% of Tennessee’s voting-age population is disenfranchised because of a felony conviction. That is even higher for African Americans at more than 21%.