CITY OF MEMPHIS, TENNESSEE ET AL. v. TRE HARGETT, SECRETARY OF STATE ET AL. - Articles

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Posted by: Tanja Trezise on Oct 25, 2012

Court: TN Court of Appeals

Attorneys 1:

George E. Barrett and Douglas S. Johnston, Jr., Nashville, Tennessee; Herman Morris, Jr. and Regina Morrison Newman, Memphis, Tennessee, for the appellants, City of Memphis, Daphne Turner-Golden, and Sullistine Bell.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; Steven A. Hart, Special Counsel; and Janet M. Kleinfelter, Deputy Attorney General; Nashville, Tennessee, for the appellees, Tre Hargett, Secretary of State; Robert E. Cooper, Jr., Attorney General; and Mark Goins, State Coordinator of Elections.

Judge(s): BENNETT

The City of Memphis and two persons who had to cast provisional ballots in the August 2012 election because they lacked sufficient photographic identification filed a declaratory judgment action seeking to have the photographic identification requirement for voting declared unconstitutional, or to have the Memphis library photographic identification card declared sufficient identification for purposes of the voting law. The trial court found that the plaintiffs did not have standing, that the photographic identification requirement was constitutional and that the Memphis library photographic identification card was not acceptable under the law as sufficient identification for voting. The plaintiffs appealed. We find that the plaintiffs have standing, that the law is constitutional and that the Memphis library photographic identification card is acceptable under the law as sufficient proof of identification for voting.