Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 348
3		-	By Hensley
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 202
6	5		By Keisling
7	6
8	7
9	8		HB0202
10	9		000010
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13	12		AN ACT to amend Tennessee Code Annotated, Title 2,
14	13		relative to elections.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Sections 2-2-141, is amended by deleting the
18	17		section and substituting:
19	18		(a)
20	19		(1) After July 1, 2025, a person registering to vote in this state shall
21	20		submit, along with the registration forms, proof that the applicant is a United
22	21		States citizen for purposes of voting in elections in this state. Proof of citizenship
23	22		required must be an original or a true and correct copy of a document listed in
24	23		subdivisions (b)(1)–(4).
25	24		(2) The coordinator of elections shall compare monthly the statewide
26	25		voter registration database with the department of safety database to ensure
27	26		non-United States citizens are not registered to vote in this state. The
28	27		coordinator of elections may compare the statewide voter registration database
29	28		with those of relevant federal and state agencies, including the systematic alien
30	29		verification for entitlements (SAVE) program database, the social security
31	30		database, naturalization records, public health and public assistance records,
32	31		and county records for the same purpose.
33	32		(3) The coordinator of elections shall ensure that the citizenship of
34	33		registered voters is verified before the commencement of early voting for each
35	34		election. If the coordinator of elections is not able to verify the citizenship of an
	35	+	individual who has applied to register to vote prior to the registration deadline, the
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40		-	individual who has applied to register to vote prior to the registration deadline, the
41	40		individual may only vote a provisional ballot, which must not be counted until the
42	41		individual's citizenship is verified.
43	42		(4)
44	43		(A) If sufficient evidence exists that a particular registered voter is
45	44		not a citizen of the United States, the coordinator of elections shall notify
46	45		both the state election commission and the county election commission of
47	46		the county where the person is registered to vote that the registered voter
48	47		may not be a citizen of the United States. Notification of the state and
49	48		county election commission must occur monthly.
50	49		(B) Not later than five (5) business days after receiving notice
51	50		under subdivision (a)(4)(A), the county election commission shall send a
52	51		notice to the registered voter inquiring whether the individual is eligible to
53	52		be registered to vote. The county election commission shall send the
54	53		notice to the address at which the voter is registered, by certified mail,
55	54		return receipt requested. Voters are responsible for keeping the county
56	55		election commission informed of the voter's current address by
57	56		transferring or updating registration information in accordance with § 2-2-
58	57		129. If the county election commission does not receive the return receipt
59	58		within five (5) business days after the date the notice is postmarked, the
60	59		voter is deemed to have received the notice at such time.
61	60		(b) A registered voter who receives a notice pursuant to subdivision (a)(4)(B)
62	61		shall, no later than thirty (30) days after the receipt of such notice, provide proof of
63	62		citizenship to the county election commission. For purposes of this subsection (b), proof
64	63		of citizenship includes:
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69	68		(1) The voter's birth certificate or a legible photocopy of the voter's birth
70	69		certificate;
71	70		(2) The voter's United States passport or a legible photocopy of the
72	71		pertinent pages of the voter's United States passport, identifying the voter and
73	72		showing the passport number;
74	73		(3) The voter's United States naturalization documentation or a legible
75	74		photocopy of the voter's United States naturalization documentation; or
76	75		(4) A document or method of proof of citizenship established by the
77	76		federal Immigration Reform and Control Act of 1986 (8 U.S.C. §§ 1101 et seq.).
78	77		(c) If a notice sent by a county election commission under subdivision (a)(4)(B)
79	78		is returned as undeliverable, or if the registered voter or person who responds to the
80	79		notice does not provide proof of citizenship to the county election commission during the
81	80		period specified under subsection (b), the administrator of elections of the county where
82	81		the person is registered to vote shall purge the voter from the voter registration
83	82		database, but shall permanently maintain the person's registration and voting history. In
84	83		such event, the person may appeal to the state election commission and submit
85	84		additional documentation in person or in writing that the person contends constitutes
86	85		proof of citizenship.
87	86		(d) An appeal to the state election commission under subsection (c) must be
88	87		conducted as follows:
89	88		(1) The voter shall notify the county administrator of elections and the
90	89		state election commission of the appeal no later than fourteen (14) days after the
91	90		county election commission has determined that the voter failed to provide
92	91		satisfactory proof of citizenship. If the voter provides timely notice of appeal, the
93	92		county administrator of elections shall not purge the voter from the voter
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98	97		registration database pending the state election commission's adjudication of the
99	98		appeal;
100	99		(2) The voter must submit originals or true and correct photocopies of
101	100		documentation of citizenship to the state election commission with the voter's
102	101		notice of appeal;
103	102		(3) The state election commission shall conduct a hearing at which the
104	103		voter must appear in person or by means of electronic video in such a manner
105	104		that allows all participants to see and hear each other in real time. The hearing
106	105		must be conducted in accordance with the Tennessee Uniform Administrative
107	106		Procedures Act, codified in title 4, chapter 5;
108	107		(4) The state election commission shall then enter an order determining
109	108		whether or not the person is a United States citizen and qualified to vote in this
110	109		state. The order must be supported by findings of fact and conclusions of law.
111	110		The state election commission shall forward a copy of the order to the
112	111		administrator of elections of the county where the person resides;
113	112		(5) The state election commission's determination is final and subject
114	113		only to judicial review; and
115	114		(6) If the state election commission determines that the person is not a
116	115		United States citizen and not qualified to vote in this state, the county
117	116		administrator of elections shall purge the person from the records of registered
118	117		voters and shall permanently maintain the person's registration and voting
119	118		history. If the state election commission determines that the person is a United
120	119		States citizen and qualified to vote in this state, the county administrator of
121	120		elections shall restore the voter to the database of registered voters.
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126	125		(e) Except as provided in this subsection (e) and as required by law, an order of
127	126		the state election commission, including all documentation provided to show proof of
128	127		citizenship as well as information from the department of safety database, relevant
129	128		federal and state agency records, and county records, are confidential and not available
130	129		for inspection by the public; provided, that such an order finding that a person who
131	130		registered to vote is not a United States citizen is a public record. The coordinator of
132	131		elections shall report to the appropriate district attorney general a determination that a
133	132		person who registered to vote is not a United States citizen in violation of federal or state
134	133		law, as applicable.
135	134		SECTION 2. Tennessee Code Annotated, Section 2-2-201(2)(C) and (D), are amended
136	135		by deleting the subdivisions and substituting:
137	136		(C) Shall include a statement that specifies each eligibility requirement for voting
138	137		as set forth in this title, including an attestation that the applicant meets each such
139	138		requirement, including citizenship and the validity of the applicant's social security
140	139		number, and that requires the signature of the applicant under penalty of perjury;
141	140		(D) Shall be made available by the department to the appropriate county election
142	141		commission office and the coordinator of elections for purposes of ensuring compliance
143	142		with § 2-2-141; and
144	143		SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.