Ernest Falls v. Mark Goins (Dissent)

Syllabus

Ernest Falls' right to vote is guaranteed under the Tennessee Constitution. Tenn. Const. art. I, § 5.1 In 1986, almost forty years ago, Mr. Falls was convicted of an infamous crime in Virginia. He completed his sentence in 1987. In 2018, Mr. Falls moved to Tennessee. In February 2020, the Governor of Virginia gave him an individualized grant of clemency, fully restoring his rights to vote, hold public office, serve on a jury, and be a notary public. With his voting rights fully restored, Mr. Falls tried to register to vote in Tennessee he disclosed his previous conviction and verified the restoration of his right to vote. His application was denied because he provided no evidence that he did not owe restitution or court costs in Virginia from his 1986 conviction and that he was current on any child support obligations. See Tenn. Code Ann. § 40-29-202(b)–(c) (2018). Yet, under Tennessee Code Annotated section 2-19-143(3), Mr. Falls was not prohibited from voting because his right to vote had been restored by the grant of clemency. The requirement regarding restitution, court costs, and child support under section 40-29-202 does not apply to Mr. Falls because he had no need to have his voting rights restored.