Some Tennessee voters and voting rights organizations are currently suing Tennessee over the new law that requires signs at polling places on primary day, warning that only “bona fide” members of a party may choose that party’s primary ballot. Tennessee does not have registration by party and has always had open primaries, meaning any voter is free to choose any party’s primary ballot.

On January 24, the state filed its brief in defense of the law. It is entirely about procedure. It says the plaintiffs don’t have standing, and raises other procedural points, but says nothing in defense of the law itself. Plaintiffs argue that the law is vague. A principle of criminal law that laws describing crimes must be specific and clear. The case is Ashe v Hargett, m.d., 3:23cv-1256.