[June 4, 2020 ruling in Lay v. Goines]

Johnathan Mattise. "Tennessee officials want mail vote appeal fast-tracked."  Associated Press, June 15, 2020.
Tennessee Attorney General Herbert H Slatery III
June 4, 2020

Statement from AG Slatery Following Absentee Voting Decision

Nashville- This evening Davidson County Chancellor Ellen Hobbs Lyle ordered state government to abandon long standing requirements for in person voting.

Tennessee, like all states, must engage in a delicate balancing act: it must safeguard voters from COVID-19 exposure while ensuring that voters are not disenfranchised.

Tennessee’s election officials consulted with experts from the Tennessee Department of Health and county health departments to create a comprehensive COVID-19 election plan that conforms to the CDC’s guidance and makes Tennessee’s polling places safer than the general community.

The Court’s ruling, while rightly taking into account the safety of Tennessee’s voters and poll workers, failed to appropriately consider the extensive safety measures of the COVID-19 election plan, and, more importantly, gave little weight to the unanimous expertise of state and county election officials that hastily expanding absentee voting is impracticable and risks disenfranchising Tennessee voters. The Court’s order has taken this important decision away from Tennessee’s state and county election experts and unnecessarily risks voter confusion, potential voter fraud, and election disruption.

“It is yet another court decision replacing legislation passed by the people’s elected officials with its own judgment, largely ignoring the practicalities of implementing such a decision, and doing so in the midst of a pandemic and budget crisis,” said Herbert H. Slatery III.

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ACLU
JUNE 4, 2020

COURT RULES TENNESSEE MUST PROVIDE ABSENTEE BALLOTS TO EVERY ELIGIBLE VOTER FOR ALL ELECTIONS IN 2020 DUE TO COVID-19

In a victory for voting rights, a Tennessee court has ruled the state must make absentee voting available to every eligible voter for all elections in 2020, including the August 6 primary and November 3 general election.

The American Civil Liberties Union, the ACLU of Tennessee, and Dechert LLP were in court yesterday seeking the order due to the highly contagious and deadly COVID-19 outbreak and the risks it poses to many voters. The case was brought on behalf of several Tennesseans whose health would be in jeopardy if forced to vote in person while COVID-19 is spreading.

While most states allow any eligible voter to cast an absentee ballot, Tennessee requires voters to provide an “excuse” to do so from a very narrow list of criteria; practicing social distancing measures and/or self-quarantining was not included, meaning the vast majority of voters would have been forced to vote in person — or avoid voting at all for fear of becoming ill, disenfranchising thousands.

Tonight's decision removes this barrier through the entire 2020 election calendar.

“This is a major victory for voting rights. This ruling eliminates the excuse requirement for the 2020 elections, meaning Tennesseans will not have to risk their health in order to vote,” said Dale Ho, director of the ACLU’s Voting Rights Project.

The court also ordered the state to provide guidance instructing local election officials to issue absentee ballots to all eligible voters for the primary, and conduct a public information campaign informing voters about the elimination of the excuse requirement at this time.

“During this health crisis, the ability to have a say in our government is more critical than ever,” said Thomas H. Castelli, ACLU of Tennessee legal director. “This ruling makes it possible for voters to choose how to safely vote.”

“I am very grateful that I will now be able to vote safely,” said plaintiff Ben Lay. “Though I am disabled and my wife and I both have health conditions that compromise our immune systems, we were barred from voting by mail before. Thanks to the court, I can now exercise my right to vote without putting my health or the health of my wife at risk.”

The lawsuit, Lay v. Goins, was filed in Chancery Court/Davidson County in Nashville, Tennessee.
Ruling: https://www.aclu.org/legal-document/order-lay-v-goins   [direct]
Case details: https://www.aclu.org/cases/lay-v-goins
ACLU
MAY 15, 2020

ACLU FILES LAWSUIT TO BLOCK TENNESSEE REQUIREMENT THAT PUTS VOTERS AT RISK DURING COVID-19

NASHVILLE, Tenn. — The American Civil Liberties Union, the ACLU of Tennessee, and Dechert LLP filed a lawsuit today seeking to make absentee voting available to all eligible Tennessee voters during the COVID-19 pandemic.

Multiple elections are set to take place in Tennessee between May and the end of the year, including a major statewide election on August 6 and the general election on November 3. Because COVID-19 is highly contagious and deadly, many voters will not be able to physically go to a polling place without risking their health.

Most states allow any eligible voter to cast an absentee ballot, but Tennessee requires that voters provide an excuse to do so. The state has a very narrow set of criteria to qualify for absentee voting, meaning the vast majority of voters would be forced to vote in person — or avoid voting at all for fear of becoming ill, disenfranchising thousands.

Because there is no vaccine, social distancing measures and avoiding gathering in groups (as well as consistent hygiene practices and wearing a mask), are the only known measures for protecting against the spread of COVID-19. Yet Tennessee’s excuse requirement does not recognize practicing social distancing measures and/or self-quarantining as a valid reason for voting absentee by mail.

“No one should be forced to choose between their health and their vote. Tennessee can simultaneously keep the public safe and protect democracy, but is refusing to do so. Eliminating the excuse requirement during COVID-19 is a common-sense solution that protects people’s health and their right to vote, which is why many other states have already made vote by mail and absentee voting available,” said Dale Ho, director of the ACLU’s Voting Rights Project, citing states such as West Virginia, Indiana, Delaware, and Virginia, among others.

The groups are asking the court to block the state from enforcing the excuse requirement for the 2020 election calendar and as COVID-19 transmission continues to occur; provide guidance instructing local election officials to issue absentee ballots to all eligible voters; and conduct a public information campaign informing voters about the elimination of the excuse requirement at this time.

“Everyone should have the right to vote by mail during the pandemic,” said Thomas H. Castelli, ACLU of Tennessee legal director. “During this health crisis, the ability to have a say in our government is more critical than ever. We hope this lawsuit will ensure that the COVID-19 pandemic does not result in voter suppression in the 2020 elections.”

The case was brought on behalf of several Tennesseans whose health would be at risk if forced to vote in person while COVID-19 is spreading.

“I am a disabled, two-time cancer survivor and my wife takes medication for a chronic condition that leaves her immunocompromised. The only way we can vote safely right now is through a mail-in ballot, but under current state law, we don’t qualify,” said plaintiff Ben Lay. “We are suing the state because we shouldn’t have to choose between our health and our vote — no one should.”

The lawsuit, Lay v. Goins, was filed in Chancery Court/Davidson County in Nashville, Tennessee.

Complaint: https://www.aclu.org/legal-document/complaint-lay-v-goins

Case details: https://www.aclu.org/cases/lay-v-goins