Fresh Lawsuit Revives Tennessee’s Lawsuits Against Crossover Voting in Primary Elections

A group of Tennesseans has filed a legal challenge to two state laws that they claim have prevented them from voting in primary elections. The laws, which require voters to be “bona fide” party members or to declare allegiance to a party, have been criticized as vague and potentially intimidating.

One of the plaintiffs, Victor Ashe, a former U.S. ambassador and longtime Tennessee Republican politician, fears prosecution for voting in a Republican primary due to the unclear definitions in the laws. Another plaintiff, real estate developer Phil Lawson, refrained from voting in the Republican primary out of fear of prosecution, despite being a donor to both Democratic and Republican candidates.

The lawsuit also includes plaintiffs who were threatened with prosecution after speaking out about their voting choices. Gabe Hart, a Democrat who voted in a Republican primary, and James Palmer, who chose not to vote in the recent presidential primary out of fear of prosecution, are among those challenging the laws.

The plaintiffs argue that the laws violate their First Amendment rights and are so vague that voters cannot know whether they will be prosecuted. They are seeking a declaration that the laws are unconstitutional and a court order preventing their enforcement.

The lawsuit has added Tennessee district attorneys as defendants, as previous defendants lacked the power to prosecute violations of the challenged laws. The Tennessee Attorney General’s office has not yet commented on the matter.

With Tennessee voters often deciding which primary to participate in based on campaign developments, the lawsuit highlights the importance of clarity and fairness in the voting process.