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Trump Cleared for Tennessee Ballot; AG’s Office Declines Opinion Request

Jonathan Skrmetti (Photo: tncourts.gov)

Donald Trump can appear on Tennessee election ballots in November after the Tennessee Attorney General refused to issue an opinion on the matter last week. 

Rep. Vincent Dixie (D-Nashville) requested the opinion from Tennessee AG Jonathan Skrmetti, a Republican, earlier this month. Dixie pointed to a Tennessee law that says anyone convicted of an “infamous crime” is “disqualified from qualifying for, seeking election to or holding a public office in this state.” 

Dixie said the law is meant “to protect the public from individuals who refuse to adhere to the laws they are meant to uphold.” He then pointed to Trump’s convictions on 34 felony counts of election interference last week.  

Skrmetti’s office said it could only render opinions to officials “in the discharge of their official duties.” The letter added emphasis to the words “in the discharge of their official duties” but did not offer further details. 

Dixie-Ltr.-6.6.24Download

“Your letter also rests on an incorrect premise that (the state law’s) reference to ‘a public office in this state’ somehow includes the U.S. President,” reads the letter from Tennessee solicitor General Matt Rice. “The U.S. Presidency is not a public office in Tennessee. And any State effort to add new qualifications for the U.S. President would raise serious constitutional questions.” 

Dixie said he was “disappointed” but “not surprised” by the response from the AG’s office. 

“This just highlights the broken criminal justice system in this country,” Dixie said in a statement. “There is no rational explanation for a way that a person can possibly be elected [President of the United States] by this state, and if that same person lived in Tennessee, they wouldn’t even be able to cast a ballot and vote. How does that make sense?”

Dixie’s request came after Trump was convicted in New York last month on 34 felony counts. Trump was convicted of all counts as part of a scheme to illegally influence the 2016 election by falsifying business records to cover up hush money payments to a porn star who alleged she had sex with him.

Secretary of State Tre Hargett’s office told Tennessee Lookout earlier this month that Trump will be on Tennessee’s election ballot.  

Stockard on the Stump: Secretary of State guarantees Trump will be on Tennessee ballot
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State Lawmaker Seeks AG Opinion on Trump on Tennessee Ballot

Nashville state representative Vincent Dixie. Credit: State of Tennessee

A state lawmaker requested a legal opinion from Tennessee’s Attorney General last week on whether or not Donald Trump qualifies to appear on Tennessee’s presidential ballot, following his convictions in New York. 

Rep. Vincent Dixie (D-Nashville) requested the opinion from Tennessee AG Jonathan Skrmetti, a Republican, in a letter sent Friday. In it, Dixie pointed to a Tennessee law that says anyone convicted of an “infamous crime” is “disqualified from qualifying for, seeking election to or holding a public office in this state.” 

Dixie said the law is meant “to protect the public from individuals who refuse to adhere to the laws they are meant to uphold.” He then pointed to Trump’s convictions on 34 felony counts of election interference last week.  

“It is crucial for Tennesseans to trust that their elected officials are held to the highest standards of legality and ethics,” Dixie said in his letter. “Allowing a candidate with such convictions to appear on the ballot would undermine this trust and the rule of law.” 

The law is meant ”to protect the public from individuals who refuse to adhere to the laws they are meant to uphold.”

Rep. Vincent Dixie

He continued, “The public’s interest in maintaining integrity in our electoral process necessitates that individuals convicted of serious crimes be held accountable and disqualified from holding public office.”

Dixie said the convictions “reflect serious criminal offenses,” including falsification of business records, “a crime prosecuted vigorously in both New York and Tennessee.”

“Given the severity and nature of these crimes, which include lying in official filings and engaging in deceitful practices to influence the outcome of an election, I seek your legal interpretation on whether Donald Trump’s convictions in New York constitute an ‘infamous crime’ under Tennessee law,” he said. “Specifically, does this disqualify him from appearing on Tennessee’s ballot for the U.S. presidential election?”

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Lawmakers Urge Lee for Mask Mandate

Tennessee General Assembly

Clockwise from top left Rep. London Lamar, Rep. Vincent Dixie, Senator Brenda Gilmore, and Rep. Yusuf Hakeem.

Governor Bill Lee

A group of Democratic Tennessee lawmakers urged Tennessee Governor Bill Lee to issue a mask mandate immediately.

Lee announced Sunday that new social gathering restrictions would be put in place for the state of Tennessee. He signed an executive order limiting public gatherings to 10 people. However, places of worship, weddings, some sporting events, and funerals are exempt from the order.

Lee has still not implemented a mask mandate despite pleas from healthcare workers and local lawmakers. Though Tennessee is a hotspot for virus growth, Lee has refused to order a mask mandate and refused again on Sunday, calling such mandates a “heavily politicized issue.”


In a virtual news conference Monday, Tennessee state Senator Brenda Gilmore (D-Nashville) spoke about how COVID-19 has hit Black and brown communities hardest. 

Gilmore

“COVID-19 doesn’t discriminate but institutionalized bias toward Black and brown people is causing a high rate for African Americans and Latinos, not only in Tennessee but across this country,” she said. “It’s ravaging people of color. Approximately 60 percent of the people who have died are African Americans and Latinas. It doesn’t mean that we’re more susceptible to get this virus. It just means that when we’re infected, we are most likely to die from it.”

State Rep. London Lamar (D- Memphis) said, ”[Lee] made this a political issue when he decided not to implement a mask mandate and further our ability to kill more Tennesseans by not putting in his mandate and forcing us to protect one another. 

Lamar

On the executive order, Lamar stated, “that’s not enough, we wouldn’t have to do that if we would have implemented a mass mandate, a long time ago,” she went on to say that she is tired of going to funerals during the holidays.

“I’ve never been in the shoes of our governor, Governor Lee,” said State Rep. Yussuf Hakim (D-Chattanooga), “but I believe it’s been laid out clearly that there’s great harm being done to the average citizen in the state of Tennessee. When you talk about us being the worst in the world, that means to me that you have to take exceptional actions to mitigate such circumstances.”

Hakim

Legislators on the call said that the Tennessee economy would not have been threatened if Lee had acted sooner.

”It is our fault that the Tennessee economy is suffering?” Lamar said. “Because businesses wouldn’t have to limit operations businesses and could still be functioning the way they’re functioning in other states if we implement simple tactics like mask mandates,” said Lamar. “We are killing our own economy, because we are not acting with leadership and courage and responsibility. We have over $1 billion in a fund that would be could be used to help families during this difficult time.”

They cited several republican politicians who also supported stronger measures to protect Tennesseans, like Hamilton County Mayor Jim Coppinger, and former U.S. Senator Bill Frist.

Dixie

“Let’s take the power; let’s lead by example,” said state Rep. Vincent Dixie (D-Nashville). “I would like for us to increase testing even though we have a vaccine. I think the approach that Governor Lee seems to be taking is the survival of the fittest.”