A Nashville judge rebuked Tennessee’s top election officials on Thursday, threatening them with criminal contempt of court if they don’t abide by her order to update the state’s absentee voting request form to accommodate those who wish to vote by mail due to the COVID-19 pandemic.
Chancellor Ellen Hobbs Lyle ruled last week that the pandemic is a justified reason for voters to ask for an absentee ballot. Lyle’s order came in a lawsuit filed by plaintiffs with health conditions they said made them fearful to vote in person, but didn’t meet the state’s accepted reasons for voting by mail.
After Lyle’s ruling, the state posted a new absentee request form online. But plaintiffs said the new form was confusing and that it didn’t follow the judge’s order. In response, they filed motions earlier this week seeking sanctions against the state and asking Lyle to clarify her order.
Lyle gave Mark Goins, Tennessee coordinator of elections, and Secretary of State Tre Hargett until noon on Friday to post the new form. Lyle ordered that wording be added to the existing absentee request form making clear the COVID-19 situation is a sufficient reason to vote by mail.
The state disregarded Lyle’s initial order and posted a new request form with an entirely new section regarding the pandemic. Lyle said the state should have filed a motion to sort out any confusion.