Tennessee State Senator Stacey Campfield (R-Knoxville) has introduced SB 129, which has two purposes. It lowers the number of signatures to qualify a new or previously unqualified party, from 2.5% of the last gubernatorial vote, to 1% of the last gubernatorial vote.
Also, it provides that the voter registration form ask voters if they wish to register into a party, and provides that voters would not be allowed to vote in a primary unless were registered members of the party. However, an exception would be made for voters voting in their first primary after the bill took effect. Currently, Tennessee doesn’t have registration by party.
The bill is faulty for not recognizing that political parties have a right to invite independent voters into their primaries if they wish. Also the bill is vague because it doesn’t explain whether or not voters could register into an unqualified party.
The portion of the bill that lowers the number of signatures to qualify a new party is in response to the September 2010 decision of a U.S. District Court that the old petition requirement is unconstitutional. However, the bill still implies that signing a petition means the signer is a member of the party, and the court decision said that was impermissible. Voters must be allowed to say that they desire that a new party be recognized, without necessarily being members of that party. The bill retains the wording that says “For one year after petitioning successfully, a political party which has a membership equal to 1% of the total number of votes cast for gubernatorial elections as shown by petitions to establish a political party” is qualified. The term “membership” should be deleted from the description of the petition, if the bill’s sponsor wants a law that is constitutional. Also, the bill does nothing to alter the April petition deadline, which the court said is too early.