Tennessee State Senator Frank Niceley is the sponsor of SB2838, a bill that could prevent Volunteer State presidential electors from voting for President Trump by denying them the right to vote for “candidates whose eligibility for office is in question or doubt at the time of the vote.” The bill could also disqualify all Republicans from the Tennessee state ballot. This bill seems like it is working in lockstep with Colorado and other liberal states’ efforts to remove President Trump from the ballot. SB2838’s House companion is HB2800. Sadly, Senator Niceley is a Republican. It is important to note that Niceley supported Cruz in 2016. Cruz recently endorsed Trump. However, many believe this endorsement was due to Cruz’s low polling numbers, which led to criticism of Cruz for not supporting Trump earlier on.

The critical part of SB2838 reads, “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.”

Suppose SB2838 was law and a woke local elected official from Nashville or Memphis wanted to challenge Trump’s ballot eligibility just before the presidential election. If that woke local elected official wins their case, even if it is only at a lower level court, presidential electors from Tennessee are not allowed to vote for Trump even if Trump wins the state. Obviously, there would be appeals, but the Left would use the appeals to run out the clock. If Tennesee electors are not sent to Congress by January 6th, 2025, they cannot be counted.

Suppose Biden wins Pennsylvania, Georgia, and Nevada. Also, in this scenario, if Trump wins Wisconsin and Michigan while Tennessee votes are out of commission, the electoral college would be 267 to 260. This could lead to a contingent election, if no candidate reaches 270 votes, meaning the United States Congress picks the next president.

This bill gets worse as all Republicans can be kicked off Tennessee’s ballot if Trump’s ballot eligibility comes into question with the key part reading, “Further, the party involved in failing in their duty to only present qualified candidates for ballot access may be disqualified from presenting candidates in future elections.”

Loomer commented on these developments, writing, “This is insane. Why would Senator Nicely propose this bill that might prevent Republicans from presenting any candidates at all in the future, essentially killing off all Republican candidates? I cannot believe this is a real bill proposed by a Republican lawmaker in Tennessee! @SenFrankNiceley this is most draconian bill I have ever seen as it relates to ballot access. You should be ashamed of yourself for proposing this bill. You should withdraw it ASAP or resign. I will be sending this to President Trump’s team so they see this abomination of a bill that I just had to review with my own eyes.”

Frank Niceley, the bill’s sponsor, supported Ted Cruz in the 2016 Primary, even saying Cruz would be POTUS someday. Loomer has been leading the charge in exposing Cruz’s late endorsement of Trump. Many believe Cruz endorsed Trump because his poll numbers were horrific, and Cruz was looking to boost his numbers.


It would be wise for Niceley to follow Loomer’s advice and either resign or drop the bill. Uniparty madness will not be tolerated in Tennessee.