BRENTWOOD, Tenn. (WTVF) — Postcards from the Williamson County Republican Party are hitting mailboxes, pinpointing voters who have voted in at least one Republican primary but who may not be "bona fide" members of the GOP.
The postcard said that voting in the Republican March primary means that a voter declared their "allegiance" to the Republican Party. However, state law doesn't require anyone to register by party affiliation in Tennessee. GOP members referenced three different Tennessee laws.
This comes from a newer state law that stated voters must be "bona fide" members to vote in a party's primary. Those who are "bona fide" need to participate in three of the last four primaries as a Republican.
"The mailer was a good faith effort to raise awareness of this issue and help educate the community about the law as it pertains to crossover voting as a tactic to help or hurt a candidate that one does not actually support," said Tracy Miller, WCRP chairperson.
Previous reporting on this topic: Controversy over new Tennessee law could lead to criminal charges for primary voters
Brentwood voter Kent Fourman received the postcard in his mailbox this weekend. When he lived in other states, he had registered as a Republican. But while living in Tennessee, Fourman said he's become more of an independent voter. For the August primary, he pulled a Democratic ballot. In the March primary, he pulled a Republican ballot to participate in the Williamson County sheriff's race.
"I pretty much said, 'Come after me. Please. I'd love for you to come after me. I just broke the law,'" he said.
He said he worried others receiving this postcard could feel fear, and it could affect whether that person feels comfortable voting in the primary.
"I think this is voter intimidation," he said.
What are the laws?
Here is what state law indicated through TCA 2-7-115:
A registered voter is entitled to vote in a primary election for offices for which the voter is qualified to vote at the polling place where the voter is registered if:
- The voter is a bona fide member of and affiliated with the political party in whose primary the voter seeks to vote; or
- At the time the voter seeks to vote, the voter declares allegiance to the political party in whose primary the voter seeks to vote and states that the voter intends to affiliate with that party.
It could be a misdemeanor or a felony depending on the situation, and signs to that effect are now hanging in Tennessee voter precincts.
"Under the legal description of voters — which are entitled to vote in a primary election — independent voters would not participate in either the Republican or Democratic primary," said Doug Kufner, spokesperson for the Tennessee Secretary of State's Office. "As independent voters, they would wait until after the members of each political party select their nominees and then the independent voter would vote in the general election. In the general election, all voters, including independent voters, choose a candidate from among the political party nominees and any independent candidate, if any, running for the office."
Even with this law, you do not have to register for a particular party. In primaries, you simply select whether to vote Democrat or Republican.
Sometimes one party voter will cross over and vote for a candidate in the other party. But this sign posted in precincts says it's a violation to do that without being a bona fide member of that political party.
Lawmakers told NewsChannel 5 previously that the law reminds people to vote in the proper political party that they identify. It's not clear how that applies to independent voters, like Fourman.
Statement from the Williamson County Republican Party
The WCRP understands that there has been significant interest in our latest mail piece. This mailing was intended to reach new arrivals to Williamson County and individuals seeking to change their party affiliation.
Often people think that party requirements are fairly basic — if their most recent vote was for a Republican, then they are Republican. And by extension, if someone has voted, on occasion, as a Republican, they often assume that they are likewise eligible to run for Republican office or to participate in either the party’s primaries or conventions.
Many are quite surprised and upset when they discover there are a number of additional criteria. There are, of course, dues-paying members, but this isn’t about fundraising. It is about participation. They can join the party. They can join an auxiliary group — YR’s, RWWC, Career Women. They can attend our events, our picnics, our Mix-and-Mingles. They can volunteer, maybe knock on doors for the very campaigns that inspired them to first cross over.
However, someone who continuously vacillates back and forth ruins their own eligibility. Someone who does it deliberately, as a tactic, is breaking Tennessee State law. This is why all Vote Centers display a placard that explains this fact. Unfortunately, many people still miss that posting and are unaware of the statue. Indeed, that public signage was our inspiration for the legal warning on the flip side of our mailer. The mailer was a good faith effort to raise awareness of this issue and help educate the community about the law as it pertains to crossover voting as a tactic to help or hurt a candidate that one does not actually support.
— Tracy Miller, Williamson County Republican Party Chairperson
