A Democrat State Representative told The Tennessee Lookout that he is disappointed that former President Donald Trump will remain on the ballot in the state after being convicted of 34 felonies in the state of New York.
State Representative Vincent Dixie (D-Nashville) reportedly wrote a letter to Attorney General Jonathan Skrmetti claiming that Trump should be barred from appearing on the state’s ballot and asking for a legal opinion on the matter.
Dixie (pictured above), who is not an attorney, cited as justification the state’s “infamous crimes” statute, Criminal Procedure § 40-20-114, which says, “A person who has been convicted in this state of an infamous crime … or convicted under the laws of the United States or another state of an offense that would constitute an infamous crime if committed in this state, shall be disqualified from qualifying for, seeking election to or holding a public office in this state, unless and until that person’s citizenship rights have been restored by a court of competent jurisdiction.”
According to Skrmetti, the state’s top attorney, Dixie’s theory rests on the false premise that holding a “public office in this state” includes the United States presidency, which is a federal office.
Further, Skrmetti’s response to Dixie says his office does not have the power to decide who is or is not allowed on Tennessee’s ballots.
“The Attorney General’s statutory authority is limited to providing ‘written legal opinions’ on matters submitted by officials ‘in the discharge of their official duties.’” Skrmetti’s letter reportedly said. “And Tennessee’s election officials – not individual members of the General Assembly – enforce (the state law) in specific factual scenarios.”
Undeterred, Dixie said he is “disappointed” but “not surprised” that the law will be enforced as written.
“This just highlights the broken criminal justice system in this country,” Dixie told The Tennessee Lookout. “There is no rational explanation for a way that a person can possibly be elected POTUS 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?”
The Tennessee Star reached out to Dixie to ask whether Tennesseans should trust his legal opinion over Skrmetti’s and whether he thinks Tennessee’s voters should have the right to vote for whomever they please in the November election.
Dixie did not return the comment request.
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Pete D’Abrosca is a reporter at The Tennessee Star and The Star News Network. Follow Pete on X/Twitter.
Photo “Vincent Dixie” by Vincent Dixie.