(TN) Amendment 1 Opponents Sue, Want Vote Invalidated

TnGovWatch ^ | Novrmber 11, 2014

[Mrs. Don-o]

Opponents of Amendment 1 are asking a federal judge to void the vote that amended the Tennessee Constitution to make it easier for lawmakers to restrict abortions.

In a lawsuit filed late Friday in federal court, plaintiffs say the state ignored the plain language of the constitution, which says it can be amended by “a majority of all the citizens in the state voting for governor, voting in … favor” of the amendment.

The plaintiffs want the judge to order the state to count only those Amendment 1 votes where the voters also cast ballots for governor. If that is impossible, they want the vote voided. - See more at: http://www.tngovwatch.org/sore-losers-sue/#116031

[Mrs. Don-o]

The PP/ACLU gang wants every vote from every polling place in TN, if necessary, opened up and hand-counted, requiring the Amendment 1 ballots to be counted on a different basis than any other Amendment in the history of the State of Tennessee.

And it wouldn't even make any difference, since the Amendment would in any case pass by almost 20,000 votes.

I hope the U.S. District Court in Nashville,throws out this arrant nonsense, and kicks the plaintiffs' butts for wasting the time of this honorable court.

[Mrs. Don-o]

There.

[Dutchboy88]

"I hope the U.S. District Court in Nashville,throws out this arrant nonsense, and kicks the plaintiffs' butts for wasting the time of this honorable court."

You go, girl. And, thank you for your work.

[SevenofNine]

Talking being sore losers

[mrsmith]

From another article:
“Secretary Hargett discounted the plaintiffs’ entire theory, saying, “I don’t believe it just puts it in the hands of those who just vote in the governor’s race. This is how the votes have been counted for quite some time.”

Hargett also said discussions of voters deliberately skipping the governor’s race to make it easier to pass an amendment came up in debate during a 1953 constitutional convention which inserted the provision linking an amemdment’s outcome to a majority of votes in the governor’s race.”

So the notes of the convention should clearly show the plaintiffs are in error.

[Ingtar]

Maybe. Maybe not. A lot of us voted on the amendments and left the governor blank to increase the odds based on the court’s interpretation of this.

[Mrs. Don-o]

That 1953 constitutional convention item is interesting. Was that a TN constitutional convention? And did they definitely address whether voters should or should not be penalized for not casing a ballot in the governor's race?

The whole idea seems strange. There are Communist regimes where voting is mandatory. I didn't think the idea had ever been suggested here.

Where can I learn more?

[Mrs. Don-o]

That's what I did, and that's what I openly advocated. There's nothing in the Constitution that says you can't do this. If voting is an especially protected example of "expressive behavior," I would think not voting on a particular race also sends a message. They can' mandate that you MUST vote for somebody, or penalize you for not doing so.

I don't think a Federal court is going to mess with this. There is no Federal issue involved.

[mrsmith]

Sorry, I didn’t find anything authoritative on this.
Everyone seems to have the view that only more votes than cast for Governor is necessary though.

[Ingtar]

There is no Federal issue in a state recognizing or not recognizing gay marriage either. They make it their business when they do not like the outcome. Still, we have some good officials in place at some levels in Tennessee. If this is the straw, let the Volunteer State be the one to cast it in their faces.

[Blood of Tyrants]

First, the suit has no place in federal court since this is a matter for a state court. Second, as you point out, the amendment would have passed even if you assume all the people who didn’t vote for governor voted yes on the amendment.

[Ingtar]

The funny thing that I saw in all of it is if the correct percentage voted yes, it would succeed even if there were more no votes cast. I am uncertain as to what they were trying to accomplish, but it sure makes life interesting.

[NYer]

Ping!

[SharpRightTurn]

“Hargett also said discussions of voters deliberately skipping the governor’s race to make it easier to pass an amendment came up in debate during a 1953 constitutional convention which inserted the provision linking an amemdment’s outcome to a majority of votes in the governor’s race.””

That comports with the general interpretation I have always heard (i.e., proposed amendment must receive 50% + 1 of the number of votes cast in the governor’s race).

[Fledermaus]

But let them waste more millions on lawyers first.

[mrsmith]

that is funny!

“And if the people shall approve and ratify such amendment or amendments by a majority of all the citizens of the state voting for governor, voting in their favor, such amendment or amendments shall become a part of this Constitution.”

[Lumper20]

I agree as the vote was certainly legal. I am glad we got the votes as TN was/is being called the abortion capital of the SE by many. Bus loads are coming from AL I am told and folks from all surrounding states and further were coming to TN for abortion on demand. Minors were coming here, too.

[Mrs. Don-o]

The local chop-shop (Women’s Health Center in Bristol TN) offers special discounts for women coming more than 50 miles to kill their babies. I’m told they were getting women from as far away as Eastern Kentucky and Southern West Virginia.

[Zionist Conspirator]

Liberal “democracy.” In the same manner that state regulation of the free speech of political opponents is liberal “tolerance” and “anarchism.”

[Lumper20]

My wife made certain I was aware of this bill and I am glad we voted yes. I know Nashville has a few also as it is a easy ride from south central, KY and northern, AL cities like Huntsville.