Tennessee

Tennessee Attorney General Herbert Slatery served notice today that the state will appeal a U.S. District judge’s ruling requiring a recount on the vote in a successful 2014 state constitutional amendment that made it easier for the state Legislature to enact new abortion restrictions. “We obviously disagree with the federal court’s decision,” said Harlow B. Sumerford, Slatery’s spokesman, in a statement. “Simply put, deciding what vote is required to amend the Tennessee Constitution is a matter of state law to be determined by a Tennessee Court.” U.S. District Court Judge Kevin Sharp on Friday ruled in a case challenging the 2014 amendment approved by a majority of Tennesseans that the method used to tabulate votes on the amendment was “fundamentally unfair” to eight Tennesseans who filed a lawsuit.

A federal judge has ordered a recount of Tennessee’s controversial 2014 abortion measure Amendment 1. U.S. District Judge Kevin Sharp on Friday declared the method the state used to count votes for the amendment “fundamentally unfair” and in violation of due process and equal protection rights for voters under the U.S. Constitution. The “no” votes of the eight plaintiffs “were not accorded the same weight” as those who voted in favor of the amendment, the judge concluded. “As a remedy, the Court will order a recount of the 2014 Election solely in relation to Amendment 1, but defer ruling on the question of whether the election on Amendment 1 should be voided,” the 52-page ruling said. The ruling does not apply to three other amendments on the ballot in 2014.