Almost every year, there is a bill filed in the General Assembly that would close the primaries here in Tennessee. But every year, that bill fails. Let’s talk about why.
In Tennessee, we have an open primary system. That means that when you register to vote, you do not declare a party. But when you show up at the polls for the primaries, you declare your party affiliation by choosing either the Republican ballot or the Democratic ballot.
Functionally, voters are able to vote in either party’s primary and may vote in opposing primaries from election to election. But what many do not realize is that this “crossover” voting is illegal in Tennessee. In fact, per T.C.A. § 2-19-107, it could be a Class D felony for a person to knowingly vote in a primary for a party with which they are not affiliated.
A recent law now requires the following statement to be visibly posted at each polling place in Tennessee:
It’s the Law! Please Read…
It is a violation of Tennessee Code Annotated, Section 2-7-115(b), and punishable as a crime under Tennessee Code Annotated, Section 2-19-102 or Section 2-19-107, if a person votes in a political party’s primary without being a bona fide member of or affiliated with that political party, or to declare allegiance to that party without the intent to affiliate with that party.
Yet, Democrats are still voting in Republican primary elections. And if you have ever wondered why the most conservative candidate often loses in a Republican primary, this is usually why. Tennessee voters are conservatives. But many times, our local legislative bodies and the Tennessee General Assembly do not reflect these values. This is because moderates partner with Democrats to support the more moderate candidates in contested Republican primaries.
Across Tennessee, most counties are overwhelmingly Republican. On average, it’s difficult for a Democratic candidate to get more than 30% of the vote in a general election in counties outside our metropolitan areas. Because of this, many counties will have no Democratic candidates that will file for a particular election because the chances of winning are, well….zero. So, Democrat voters use these opportunities to vote in the Republican primary and select, in their minds, the lesser of two evils or the most moderate candidate in the race.
We all know this is happening. The Republican Party knows this is happening. And the General Assembly knows this is happening. Yet, they do nothing about it.
The fix to this problem is to, once and for all, close the primaries in Tennessee. It’s simple. In practice, this means that voters must declare a party affiliation at registration. The ability to change a voter’s party affiliation is limited in a way that would protect the integrity of primary elections. If strictly applied, it would mean that unaffiliated voters or “Independents” would be unable to vote in party primaries.
Here is an important distinction to understand. Party primaries are not technically elections. They are simply a mechanism by which political parties nominate their candidate who will appear on the ballot of an upcoming general election. Primaries are not constitutionally mandated or protected. They are a creation of the state and could be removed from law at any time. Meaning, if you are not a bona fide member of a political party, you are not entitled to vote or participate in that party’s primary election. You do not have a constitutional right to vote in a primary.
In fact, parties are not required to have a primary election for county and local candidates. In Tennessee, county executive committees for their respective party can opt to select their nominee by a mass convention (or caucus). It is the general election that is constitutionally provided and the only election by where a candidate wins a seat for office.
It would stand to reason that a party would be highly incentivized to protect the integrity of its primary. As much as a Baptist church would not want the Methodist church down the street to have the ability to vote on and install their next pastor, why would the Republican Party want their nominee selected by Democrat voters? Discerning individuals will know the real answer to that question.
The General Assembly has a duty to provide for the integrity of our elections in Tennessee. And that includes the primary process. Additionally, the Tennessee GOP and Chairman Scott Golden have an obligation to protect the interests of the party as well as Republican voters across the state. The TN GOP has done well in previous years to pass resolutions calling for the General Assembly to close the primaries. That is good and appropriate.
But talk is cheap. Where legitimate challenges are levied in primaries and where crossover voting has occurred, the TN GOP as a body should take action and protect the interests of both its candidates and its voters. Otherwise, the value proposition for the party’s existence starts to wear thin.
