What does it mean to be a 'bona fide' Republican or Democrat and who gets define that in Tennessee?
What are political "bona fides," and who gets to define them?
That's a question at the heart of a new lawsuit against Tennessee, filed by a former Knoxville mayor and a voters organization on Wednesday.
The plaintiffs sued Tennessee to challenge a new law that requires polling places to display prominent signage warning voters it is illegal "to vote in a political party's primary without being a bona fide member of or affiliated with that political party." The law was passed after some Republicans were frustrated with Democrats crossing over to vote in Republican primaries.
The "bona fide" term means good faith, and similar language has long been buried in state code but unenforced.
Tennessee operates an open primary system that does not require party registration, meaning voters can choose to vote in the Republican or Democratic primary just by requesting the relevant ballot.
The lawsuit alleges the new signage will confuse voters because the statute is "unconstitutionally vague." There is no legal definition of what would make a "bona fide," or genuine, Republican or Democratic voter.
“As a native Knoxvillian, I spent my life building a successful business in this community and supporting with my time and money efforts to make Knoxville a better place for all to live,” said Phil Lawson, one of the plaintiffs in the case.
“I have always exercised my right to vote and supported the candidates whom I thought would best help our community. I now learn I may not be a member of either political party, and there is no way for me to make that choice. I also learned I could be criminally prosecuted if I make the wrong choice. I’ve spent my life building my reputation on what I think benefits all parts of my community, and this law tells me I could be prosecuted for that effort.”
Political parties can define their own 'bona fides' for candidates
There is no state definition of what makes someone a "bona fide" party member or even "affiliated" with a political party.
However, political parties themselves have long held their own internal bona fide definitions, requirements they often hold candidates accountable for in heated races.
The Tennessee Republican Party, for example, requires candidates to have voted in three of the last four Tennessee August Republican primaries and be "actively involved" in the Tennessee GOP or an affiliated group. In 2026, the Tennessee Republican Party will begin to disqualify candidates who voted in any of the most recent four statewide party primary elections, other than Republican primaries.
In fact, the party booted three high-profiled candidates, including one backed by former President Donald Trump, off its primary ballot in the new-look 5th Congressional District last year for failing to meet the bona fide requirements.
The Tennessee Democratic Party requires candidates to have voted in three of the last five Democratic primaries.
However, none of these requirements can be applied to voters.
“I was shocked to learn about this new law which allows someone other than me to determine if I am a bona fide member of a political party without clear criteria as to what that term means," Victor Ashe said earlier this week.
Ashe is a longtime Republican. He's a former Knoxville mayor, but also served in the state House and state Senator. He was the GOP nominee for U.S. Senate in 1984, losing to Al Gore in the contest.
Ashe went on to serve as U.S. ambassador to Poland under Republican President George W. Bush.
"At times I have been critical of the actions of some elected Republicans, and I now learn party officials — without defining the conditions of party membership — could not only challenge my ability to vote but also seek to have me criminally prosecuted for voting in the primary where I have voted all my adult life," Ashe said.
This article originally appeared on Nashville Tennessean: Tennessee sued over 'bona fide' law. What do political bona fides mean?
