We hold that injunctive relief is not necessary with respect to such plaintiffs and persons. At oral argument before this Court, the State conceded that, under its interpretation of Tennessee Code Annotated section 2-6-201(5)(C) and (D), persons who have underlying medical or health conditions which render them more susceptible to contracting COVID-19 or at greater risk should they contract it ( persons with special vulnerability to COVID-19 ), as well as those who are caretakers for persons with special vulnerability to COVID-19, already are eligible to vote absentee by mail. ![]() The injunction further mandated the State to implement the construction and application of Tennessee Code Annotated section 2-6-201(5)(C) and (D) that any qualified voter who determines it is impossible or unreasonable to vote in-person at a polling place due to the COVID-19 situation shall be eligible to check the box on the absentee ballot application that the person is hospitalized, ill or physically disabled and because of such condition, the person is unable to appear at the person’s polling place on election day or the person is a caretaker of a hospitalized, ill or physically disabled person, and have that absentee voting request duly processed by the State in accordance with Tennessee law. The injunction temporarily mandated the State to provide any eligible Tennessee voter, who applies to vote by mail in order to avoid transmission or contraction of COVID-19, an absentee ballot in upcoming elections during the pendency of pandemic circumstances. The issue we must determine is whether the trial court properly issued a temporary injunction enjoining the State from enforcing its current construction of the eligibility requirements for absentee voting stated in Tennessee Code Annotated section 2-6-201(5)(C) and (D) (2014 & Supp. 2019) and Rule 48 of the Rules of the Tennessee Supreme Court and ordered expedited briefing and oral argument. We assumed jurisdiction over these appeals pursuant to Tennessee Code Annotated section 16-3-201(d)(1) (2009 & Supp. ![]() Trial Court Judge: Chancellor Ellen Hobbs Lyle Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.Īuthoring Judge: Justice Cornelia A. You already receive new opinion summaries from Tennessee Supreme Court. Sign up for free summaries delivered directly to your inbox. Want to stay in the know about new opinions from the Tennessee Supreme Court? ![]() The Supreme Court vacated the trial court's judgment, holding (1) as to persons with special vulnerability to COVID-19 or who are caretakers for such persons, the State is instructed to ensure that appropriate guidance is provided to Tennessee voters with respect to the eligibility of such persons to vote absentee by mail and (2) as to the remaining voters, the trial court erred in issuing the temporary injunction. The mandate further mandated the State to implement the construction and application of section 2-6-201(5)(C) and (D) that any qualified voter who determines it it impossible or unreasonable to vote in person at a polling place due to the COVID-19 situation shall be eligible to check the box on the absentee ballot application that the person is ill or disabled and unable to appear at the person's polling place on election day. The injunction temporarily mandated the State to provide any eligible Tennessee voter who applies to vote by mail in order to avoid transmission or contraction of COVID-19 an absentee ballot in upcoming elections. The Supreme Court held that the trial court erred in issuing a temporary injunction enjoining the State from enforcing its current construction of the eligibility requirements for absentee voting stated in Tenn.
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