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The Tennessee Conservative [By Kelly M. Jackson] –
A bill that was being carried in this general session was withdrawn this week, due to bill language being misinterpreted and a subsequent negative social media and email campaign accusing the bill authors of establishment status with goals of keeping President Trump off the ballot in Tennessee.
The bill HB2800/SB2838 was being carried in the House by Representative Bud Hulsey (R-D2-Kingsport) and Senator Frank Nicely (R-D8-Strawberry Plains) and had a short caption text, “Election Laws – As introduced, enacts the “Tennessee Ballot Access Act.” – Amends TCA Title 2.”
However, some of the language in the bill was misconstrued, and the bill was characterized as being “anti-Trump” or a covert effort to eventually keep President Trump off the ballot in Tennessee, come election time.
Upon close examination, when the language of the bill is studied, this could not be further from the truth.
The bill stated who is eligible to run for specific types of offices in the state of Tennessee, including state and federal offices, and of course President and Vice President.
In the section that enumerates who is eligible to be elected a United States President in Tennessee, the bill clearly states:
“In accordance with and in furtherance of the requirements under the United States Constitution, Article II, each candidate must provide authentic, documented proof of meeting the requirements of these offices before the person can be placed on a ballot within this state, including proof of the following:
(A) The person is of the requisite age;
(B) The person is a natural born citizen of the United States; and
(C) The person has been a lawful resident of the United States for the requisite period.
The bill reflects who is eligible by repeating the exact same language as is in The Constitution, but in the following section, there is some language that was misconstrued, and is the basis for the accusations.
The bill explains who it is the electors in the state of Tennessee can cast a vote for, and who they can’t.
The bill enumerates the following direction for electors in the state:
“Effective immediately upon the adoption of this act, presidential electors for this state are prohibited from casting a vote for any presidential or vice-presidential candidate whose eligibility for office is in question or doubt at the time of the vote, and until such time as the candidate has been properly investigated and cleared of any reasonable doubt.”
In other words, if there is any doubt that a person doesn’t meet the constitutional eligibility criteria, then an elector in Tennessee cannot cast a vote for that person.
Since Donald Trump has already been President, this provision would clearly not apply to him.
But that didn’t stop people who misunderstood from creating enough of an issue, that the bill was ultimately withdrawn.
The Tennessee Conservative reached out to Representative Bud Hulsey about the intent and purpose of the bill, and he said:
“I suggest that all those contacting you do the same (read the bill) instead of listening to unverified rumors. Ms. Loomer never contacted my office or the office of Senator Niceley before posting her inaccurate statements to cause confusion and conflict.
This is a bill to ensure that every candidate who appears on a Tennessee ballot for any and all elected offices is authenticated as eligible under existing constitutional eligibility requirements. The only requirements in this bill are requirements that already exist. This bill simply allows the State to enforce those requirements.
The bill clearly states the following eligibility requirements for the office of President/Vice President are as follows:
(A) The person is of the requisite age;
(B) The person is a natural born Citizen of the United States; and
(C) The person has been a lawful resident of the United States for the requisite period.
In these times, the state of Tennessee must take measures to ensure that every candidate on our ballot has met the eligibility requirements as stated in the US Constitution. No new requirements are added by this bill.
Only a duty and right for the State to verify office eligibility within as it pertains to State Elections.
There is nothing in this legislation that speaks of any other requirements to be verified.”
Considering the flood of people who are entering our country daily, it seems this legislation was simply forward thinking about what could at some point be a serious issue: the installation of a president that arrived here by illegal means.
We will add any new information regarding the legislation should it develop.
About the Author: Kelly Jackson is a recent escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers. She has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member. Outspoken advocate for parents rights, medical freedom, and individual liberty. Kelly can be reached at kelly@tennesseeconservativenews.com.