Lincoln Davis sues state, claims he was 'unlawfully purged' from voter rolls

Monday, March 12, 2012 at 2:04pm

Former U.S. Rep. Lincoln Davis showed up at his Fentress County polling place on Super Tuesday to cast a vote but was turned away because his name was no longer on the voter roll. Today, Davis filed a class-action lawsuit against state officials, accusing them of violating federal voting laws, including the 14th Amendment.

According to the lawsuit, Davis was “unlawfully purged” from the Fentress County voter roll without explanation or notification.

He was told by several election officials, including state coordinator of elections Mark Goins, that he could register to vote at the polling place, then cast a provisional ballot. However, Davis said he understood that to be a violation of Tennessee voter law, which requires residents to register 30 days before voting.

Davis and his attorney, George Barrett, estimated 70,000 purged voters in the state might have been in the same situation.

Barrett said, “All we're asking the court to do is certify a class, expedite discovery [for any corrections that have to be made] ... and ask the court to review the [purging] process used, allowing us discovery to determine whether or not the process is being carried out.”

Davis was advised after the polls closed that he was actually registered to vote in Pickett County, where he also owns property. He said he believes the state has mistakenly purged voters and failed to notify them.

“I just want the issue to be resolved and fixed, and I believe this is the best way to do so,” said Davis, who isn't asking for monetary damages or relief.

He also maintains that the lawsuit isn't politically motivated.

“This is not about proving somebody right or wrong, it's about [giving] people who are entitled to vote, the right to vote,” Davis said.

Davis, a Democrat, told reporters he was voting in the Democratic presidential primary and in a local  Fentress County charter government proposal.

13 Comments on this post:

By: pswindle on 3/12/12 at 12:34

Good for you, Rep. Davis. It is going to take something like this to overturn this unfair Voter ID Law that our Governor so gleefully signed into law.

By: Nashvegan on 3/12/12 at 3:26

So, they offered him the ability to cast a ballot and he refused? And he was doing this in the *Democratic presidential primary* with a sitting Democrat president - i.e. a man who hasn't come to TN once to campaign because he knows he is a lock to get 99% of the votes for the nomination. So, he refused to cast a pointless ballot, even though he was given the ability to do so?

Yeah, nothing political at all, not trying to prove anyone wrong.

By: pswindle on 3/12/12 at 4:53

Nashvegan,
You missed the whole point. Why was his named removed? I would do the same as he. I would not vote a provisional ballet. It may or may not be counted. This ID law will go down in flames before Nov. We really do have a group of thieves in the Legislative. All of these GOP Governors got together to pass these laws to keep democrats and independents from voting. But, I have hope by looking at WI.

By: AmyLiorate on 3/12/12 at 5:32

Someone can't see the forest because the trees are in the way. NashV is right. The crux of the story is that Lincoln Davis is on the role in *two* different counties. Why? Apparently because he's a property owner in one and gets to vote on some issues because of that.

Sure lot's of people own property in two different counties, but how many actually register to vote in both? His big "class action" may encompass a couple hundred people at most, but of that number I can't imagine that many others had any problem, and if they did they didn't cry instead of just voting provisionally.

I've done a provisional ballot before, because I moved across the county and someone had made a mistake at the elections office. I got my card but the precinct didn't get me on their role.

Big deal, I still got to vote, no conspiracy was involved. Lincoln Davis is just trying to keep his name alive and looking like a big wig for making a law suit.

tsk tsk

By: govskeptic on 3/13/12 at 4:01

The self Importance of a former Politician never ends. This action from a
protege of Jimmy Naifeh comes as no surprise. The law that provides for
these Purges comes from the Legislature & Governor from a few yrs back
when democrats had total control. Maybe he is acting on behalf of the
NAACP which also is appearing before the U.N. to complain about new
American voting registration laws. Just PR for the "Base", folks!

By: Jughead on 3/13/12 at 9:56

Lincoln Davis is a pathetic litigation tramp. He represents everything that is wrong with the US> Here is some video of him at the polling place--see for yourself: http://www.youtube.com/watch?v=oHg5SJYRHA0

By: JohnGalt on 3/13/12 at 10:29

Davis didn't really care about voting. He just wanted the publicity and be able to raise a stink. If voting was truly his purpose he would have completed a provisional ballot.

With his response swindle proves once again he has intimate visual knowledge of his own anal canal.

By: pswindle on 3/13/12 at 11:14

Has the TN GOP turned into Nixon's tricky, mean and anything that can corrupt attitude? I never really knew how mean the GOP had gotten until after President Obama was elected . It is thier way or the highway. We let Bush have his way for 8 years, and look where it got us. Are Jughead and JohnGalt the faces of the GOP?

By: JohnGalt on 3/13/12 at 12:01

It's more and more obvious that swindle is one of the feces of the dimocrats.

When you are deep in a hole it's advisable to quit digging swindle.

By: shinestx on 3/13/12 at 2:15

Should have known that we wouldn't go long without hearing from the Ol' Missing Linc.

From the article: "He was told by several election officials, including state coordinator of elections Mark Goins, that he could register to vote at the polling place, then cast a provisional ballot."

But then, he wouldn't be a Dem-wit without being a victim, now would he?

By: govskeptic on 3/13/12 at 4:36

I haven't watched the You-tube, which I'm sure his wife or someone else was
brought along for the camera work. I can just imagine how "Important" he
told the little ole unsuspecting poll workers he was. In fact with the camera
there he probably knew in advance his name had been purged for being
registered in two different counties! "Jerk without a cause"

By: conservarage on 3/16/12 at 7:13

i almost wish he were still in office, so i could vote against him again. doofus.

By: GUARDIAN on 3/16/12 at 7:15

Lincoln old buddy there's nothing so sad as a man losing his mind late in life. You changed your voter registration to Pickett County and you know you can't vote both places. It's sad truly sad when a democrat can't vote more than once in an election. :-) GUARDIAN-GOD, COUNTRY, FAMILY and FRIENDS. The American Way.