On October 1, the U.S. Supreme Court refused to hear George v Hargett, 18-76. This is the case over the meaning of the Tennessee Constitution and its provision on how many votes a proposed ballot measure needs to pass. The Tennessee Constitution says, “If the people shall approve and ratify such amendment by a majority of all the citizens of the state voting for Governor, voting in their favor, such amendment shall become a part of the Constitution.”

A U.S. District Court had interpreted the Constitution to mean that an amendment doesn’t pass unless a majority of the particular voters who voted for Governor voted “yes.” But the Sixth Circuit had reversed, and ruled it means just that the measure needs a number of “yes” votes that equals at least 50% of the total vote cast for Governor.

If the U.S. District Court opinion had prevailed, then every ballot would need to be examined, to compare how a particular voter voted for Governor and then how that same voter voted on the amendment.