Lawsuit filed by the League of Women Voters and a Davidson County voter against the Davidson County Election Commission and its administrator, Gov. Bill Lee (R), Tennessee Secretary of State Tre Hargett (R) and the Tennessee coordinator of elections alleging that “hundreds, if not thousands, of Davidson County voters will be unable to vote” in the 2022 midterm elections due to incorrect ballots. Davidson County is home to Nashville, which was divided into three congressional districts following the release of 2020 census data and allegedly led to confusion among election officials and voters regarding new district lines. The plaintiffs allege that during early voting, “190 voters were given incorrect ballots for the U.S. Congressional District races; six were given incorrect ballots in state House races; and 16 were given incorrect ballots in state Senate races.” Additionally, the plaintiffs note that “voters who were issued the wrong ballot have no recourse or ability to participate in the election for the district in which they reside. Their original ballot cannot be identified; therefore it cannot be withdrawn. Absent judicial intervention, voters are not able to cast a second, correct vote.” The plaintiffs claim that the defendants’ actions violate the Tennessee Consitution’s fundamental right to vote and ask the court to “appoint an independent auditor to investigate how this error occurred and that such findings of the auditor would be made publicly available.”
Soon after the lawsuit was filed on Nov. 4, the plaintiffs and defendants reached an agreement which will allow voters who voted using incorrect ballots to vote on special paper ballots; the state also agreed to conduct an audit to ensure similar mistakes are prevented in the future.