The Sixth Circuit web page lets anyone listen to recent oral arguments. Here is a link to the 35-minute argument in George v Hargett, 16-5563. This is the case over whether a 2014 amendment to the Tennessee Constitution passed. It clearly got a majority of the vote, but opponents of the measure argue that the state Constitution does not permit voters to vote on amendments unless they vote for Governor. In order for that interpretation to be followed, a recount of all the ballots would be needed to filter out ballots that left Governor blank.
It seems fairly clear to me that the Sixth Circuit will reverse the U.S. District Court, and uphold the state, which says there is no requirement that voters who abstained for Governor must not vote for amendments either.
In the somewhat sane regimes —
a majority of the voters voting on a question prevail —
ie nonvotes are ignored.
It is interesting that the ballots do still exist (other than the one courthouse that burnt down).
When the state’s attorney began, she would hesitate when explaining the state’s interpretation of the constitution, as someone might due if they were dissembling. Though well prepared, she was nervous.