In Nashville, Tennessee, provisional ballots will be counted for six individuals with felony convictions who recently had their voting rights restored by court rulings. This development arises in the wake of a series of legal actions initiated by state officials, who contended that these individuals needed their gun rights reinstated to be eligible to vote.
Mark Goins, the Election Coordinator, informed local election authorities in letters earlier this month that these provisional ballots should be included in the final count. He stated, “Despite my disagreement with the court’s order and the various interpretations of rights restoration by other courts, in this particular situation, due to the specific timing and the language of the order, we are obliged to comply with it, albeit it is not a conclusive ruling.”
The Secretary of State’s office caused a stir among voting rights advocates in January when it declared that individuals with felony convictions must have their gun rights and other “citizenship rights” reinstated before they could vote. This decision referenced a 2023 ruling from the state Supreme Court, which mandated that those seeking to regain their voting rights first obtain a comprehensive restoration of their citizenship rights from a judge or by receiving a pardon from the governor. The Secretary of State’s office interpreted this to include gun rights among the necessary criteria for restoring voting eligibility.
Opponents of this interpretation have claimed that the state’s understanding of the law is misguided. However, the state has staunchly defended its stance. In the midst of the November election, a group of voters attempted to cast their ballots after having their gun rights revoked due to felony convictions. They took the matter to court, where judges ruled in their favor. In response, the state launched multiple legal motions aimed at overturning those rulings.
In one instance, a judge asserted that the “full rights of citizenship” can indeed be restored, even if an individual’s gun rights remain restricted by state law. Davidson County Criminal Court Judge Angelita Blackshear Dalton highlighted that offenses disqualifying individuals from voting rights do not include those pertaining to gun rights as defined by state law. As the legal proceedings extended past Election Day, the six individuals involved were instructed to vote provisionally, meaning their votes would be validated once their eligibility was confirmed.
Another ruling from a Nashville judge aligned with this view, determining that the restoration of voting rights could occur independently of regaining the right to bear arms. Judge Thomas Brothers remarked in court, “I believe that Tennessee case law supports the notion that the right to vote can be restored without simultaneously restoring the right to possess firearms.”
Although the six voters were permitted to submit provisional ballots, Goins cautioned election officials in Davidson, Lewis, Sumner, and Wilson counties that the latest judicial decisions were not definitive. He warned, “This court order could potentially be overturned or modified. If that occurs, the voter registration status may be subject to revocation.”