A new sign posting an old law will be hanging at polling places on March 5. The law passed earlier this year with only Republican votes in the state House and Senate. This sign informs potential voters that it is a crime to vote in a primary without being a bona fide political party member.
The sign may be new, but there’s actually nothing new about the Tennessee Code Annotated (TCA) the sign warns potential voters about. Susie Davenport, Warren County election administrator, said “The new law says we have to post this sign, but in fact what the sign states has been on the books since 1972. The only thing that has changed is the sign will be there for voters to read before they vote.”
What prompted the Tennessee’s House and Senate to pass this new signage for a fifty-year-old law? It could be fear of something called “party raiding.”
“Periodically political enthusiasts express concern that members of a particular political party will conspire to swing the result of the opposing party’s primary election by strategically voting for a candidate who does not express the actual will of that party’s 'real' voters.” This is according to Marquette Law School writer John Johnson.
Party raiding is only possible in states with open primaries like Tennessee and fear of it is sometimes used as an argument in support of closed primary systems, which only allow registered people to vote in their respective primaries.
Tennessee has no law requiring party registration and has an open primary system where voters can select the primary ballot they want on Election Day. The state’s Republican lawmakers also proposed a bill last year requiring party registration before an election, creating a closed primary system like in 15 other states, but it did not pass.
Tennessee’s strong Republican leanings in rural and suburban communities and Democrat-leanings in the urban areas mean often the most competitive election races occur in the primary, not the general election.
Warren County Democratic Party Chairman Joseph Moore believes it only serves as a way to intimidate voters. “Does this sign have to be available to people when casting nursing home ballots? What about people who vote by mail? Can you only be charged if you actually cast your ballot or does attempting to vote in the wrong primary also leave a prosecutor open to filing charges?” These are question that remain to be answered.
The bottom line in Moore’s analysis is if the Tennessee Legislature really wanted to prevent people from voting in opposition party primaries, they could simply make the primary election closed. He also believes the language of what makes a voter “bona fide” or not is vague.
Joseph Stotts, Warren County Republican Party chairman, views the sign as a reminder to voters to not attempt to sway the vote by voting in a primary they normally wouldn’t in order to choose a candidate that may be easier to beat. In other words, to avoid the possibility of party raiding. Members of the GOP caucus pushed for legislation after stating Democrats were crossing over to vote in Republican primaries during the 2022 elections.
“There has been an issue, so the state legislature took action, and as such, the TCA reflects that action,” stated Stotts. “It appears that some have stooped to stealing or minimizing the votes of others and this was the law. The state of Tennessee sets laws for all citizens and residents. These rules should be respected and honored.”
There are others in the state who view the law as worrisome and unnecessary. For example, the League of Women Voters of Tennessee have filed a lawsuit challenging the legality of the new law requiring the posting of the sign. Guy Cammilleri, a voting rights advocate, says it is unlikely a group attempting to perform party raiding would be able to sway an election.
“I’m certain it probably does happen, but I’m almost certain it doesn’t influence the outcome of probably most General Assembly and congressional elections in this state,” said Cammilleri. He also says closing primaries in a solidly red state could also lead to more extreme candidates getting elected.
The year 2024 will bring three separate elections in Warren County on March 5, Aug. 1 and Nov. 5. On March 5, voters will cast their ballot in the Presidential Preference Primary on a national level. In addition, a primary for property assessor will be held for Democrats and Independent candidates. Beth Martin, the current property assessor, is running as an independent. Jeff T McGee was chosen as the Republican candidate by caucus in November.
