Tennessee election officials who sent letters last month to 14,375 registered voters asking them for proof of citizenship now say the recipients won’t be kicked off voting rolls if they don’t respond. The state clarified the position in a follow-up letter to all those didn’t respond to the first correspondence. Nearly 3,200 have provided evidence of U.S. citizenship, and more than 300 have requested to be removed from the voter rolls, according to the state elections office. Those on the original mailing list were chosen based on data from the state Department of Safety and Homeland Security, which has information about whether residents were U.S. citizens when they first interacted with that department.
The American Civil Liberties Union Foundation informed the state late last month of plans to sue in response to the letters and argued that election officials had to tell voters they wouldn’t lose their voter registration by ignoring the request for proof of citizenship. On Tuesday, the state confirmed officials sent a follow up letter designed to clear up any confusion, and blamed any misunderstandings on outside groups like the ACLU.
“The June 13 letter gave people the option to update their records,” Elections Coordinator Mark Goins wrote. “It did not threaten to remove a person from the voter list if a person does not respond to the June 13 letter. No one will be removed from a voting list for not responding to the June 13 letter.”
Tennessee’s secretary of state office has declined to release the names of people who received the June 13 letters, citing privacy exemptions. However, the office did provide recipients’ zip codes.
More than 1,200 letters were sent to zip code 37013, an area that encompasses Antioch, a south Nashville neighborhood with strong Black and brown populations. No other zip code received as many letters. The second highest area was also in south Nashville, which received 645 of the letters.
Seven went to individuals out of state.
The ACLU has argued that Tennessee’s actions violated the National Voter Registration Act, the Voting Rights Act and the 14th and 15th amendments. The organization alleges election officials created a list that illegally targeted “naturalized citizens in a discriminatory manner.”
The ACLU, representing 11 advocacy organizations, argued the state’s letters amounted to voter intimidation.
The June 13 letter warned voters it is illegal in Tennessee for noncitizens to vote and provided instructions on how to update voter information. It also said illegal voting is a felony and carries penalties of up to two years in prison.
Advocates have said the letters likely reached many immigrants who became naturalized citizens after they got their driver’s license or ID card through the state Department of Safety and Homeland Security. Tennessee driver’s licenses are renewed every eight years, potentially creating a long gap in time during which the state driver’s license agency may not be updated about a resident’s citizenship status.
The idea of widespread voting by noncitizens has spread through former President and current Republican presidential nominee Donald Trump’s campaign rhetoric. The Republican-controlled U.S. House recently passed a proof-of-citizenship requirement for voter registration, despite research showing noncitizens illegally registering to vote or and casting ballots in federal elections is rare.
William Helou, an outside attorney representing the Tennessee secretary of state’s office, said the state’s original June 13 letters didn’t threaten to remove anyone from the voter rolls and didn’t violate federal law or constitutional rights. Rather, he called the letters “an appropriate action to fulfill (the election coordinator’s) obligations to ensure the integrity of elections in Tennessee.”
In the follow up letter to voters sent Tuesday, the state said naturalized citizens and other eligible voters are encouraged to vote.
Democrats have opposed the letters seeking proof of citizenship, noting that Tennessee remains among the lowest-ranked states in the U.S. for voter turnout.
The Associated Press sent an email to the ACLU Wednesday asking whether it may still file a legal challenge to the state’s correspondence.
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