Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0616 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 594
3		-	By Kyle
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 616
6	5		By Hardaway
7	6
8	7
9	8		HB0616
10	9		000611
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 2 and
14	13		Title 40, relative to restoration of citizenship rights.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Section 2-2-102, is amended by deleting
18	17		subsection (a) and substituting:
19	18		(a) A citizen of the United States eighteen (18) years of age or older who is a
20	19		resident of this state is a qualified voter unless the citizen is:
21	20		(1) Disqualified under this title;
22	21		(2) Currently imprisoned in a penal institution, on probation, or on parole
23	22		for a judgment of infamy; or
24	23		(3) A person described in § 40-29-204.
25	24		SECTION 2. Tennessee Code Annotated, Section 2-2-116, is amended by deleting the
26	25		language "If the answer to question ten (10) is “yes,” have you received a pardon or had your
27	26		full rights of citizenship restored by a court for all crimes listed?" and substituting:
28	27		If the answer to question ten (10) is "yes," have you received a pardon, had your full
29	28		rights of citizenship restored by a court, or completed any sentence of incarceration,
30	29		probation, or parole for all crimes listed?
31	30		SECTION 3. Tennessee Code Annotated, Section 2-2-139(a), is amended by adding
32	31		the following new subdivision:
33	32		(4) The person's right of suffrage has been restored due to the expiration of the
34	33		sentence imposed for the infamous crime.
	34	+	SECTION 4. Tennessee Code Annotated, Section 2-2-139(b), is amended by deleting
	35	+	the subsection and substituting:
35	36
36	37
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38	39
39		-	SECTION 4. Tennessee Code Annotated, Section 2-2-139(b), is amended by deleting
40		-	the subsection and substituting:
41	40		(b)
42	41		(1) For purposes of this section, the following document is sufficient proof
43	42		to the administrator that the person fulfills the above requirements as to the
44	43		offense or offenses specified:
45	44		(A) A pardon;
46	45		(B) A certified copy of a judgment of a court of competent
47	46		jurisdiction; or
48	47		(C) A certificate of voting rights restoration, upon a form
49	48		prescribed by the coordinator of elections, issued by:
50	49		(i) The warden or an agent or officer of the incarcerating
51	50		authority; or
52	51		(ii) A parole officer, probation officer, or another agent or
53	52		officer of the supervising authority.
54	53		(2) Notwithstanding subdivision (b)(1), before allowing a person
55	54		convicted of an infamous crime to become a registered voter, the administrator in
56	55		each county shall verify with the state coordinator of elections that the person is
57	56		eligible to register under this section.
58	57		SECTION 5. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
59	58		section and substituting:
60	59		The following provisions govern the exercise of the right of suffrage for those
61	60		persons convicted of an infamous crime:
	61	+	(1) A person who has been convicted of an infamous crime, as defined
	62	+	by § 40-20-112, in this state shall not be permitted to register to vote or vote at
	63	+	any election unless:
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63	65
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66		-	(1) A person who has been convicted of an infamous crime, as defined
67		-	by § 40-20-112, in this state shall not be permitted to register to vote or vote at
68		-	any election unless:
69	68		(A) The person has been pardoned by the governor. However,
70	69		the governor may attach to any such pardon a special condition that such
71	70		person shall not have the right of suffrage until a date certain in the future,
72	71		or until the expiration of the pardoned sentence, whichever period of time
73	72		is less;
74	73		(B) The person's full rights of citizenship have been restored as
75	74		prescribed by law; or
76	75		(C) The person's right of suffrage has been restored due to the
77	76		expiration of the sentence imposed for the infamous crime;
78	77		(2) A person who has been convicted in federal court of a crime or
79	78		offense which would constitute an infamous crime under the laws of this state,
80	79		regardless of the sentence imposed, shall not be allowed to register to vote or
81	80		vote at any election unless:
82	81		(A) The person has been pardoned or restored to the full rights of
83	82		citizenship by the president of the United States;
84	83		(B) The person's full rights of citizenship have otherwise been
85	84		restored in accordance with federal law or the law of this state; or
86	85		(C) The person's right of suffrage has been restored due to the
87	86		expiration of the sentence imposed for the infamous crime;
88	87		(3) A person who has been convicted in another state of a crime or
89	88		offense which would constitute an infamous crime under the laws of this state,
	89	+	regardless of the sentence imposed, shall not be allowed to register to vote or
	90	+	vote at any election in this state unless:
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94		-	regardless of the sentence imposed, shall not be allowed to register to vote or
95		-	vote at any election in this state unless:
96	95		(A) The person has been pardoned or restored to the rights of
97	96		citizenship by the governor or other appropriate authority of such other
98	97		state;
99	98		(B) The person's full rights of citizenship have otherwise been
100	99		restored in accordance with the laws of such other state, or the law of this
101	100		state; or
102	101		(C) The person's right of suffrage has been restored due to the
103	102		expiration of the sentence imposed for the infamous crime; and
104	103		(4) The provisions of this section, relative to the forfeiture and restoration
105	104		of the right of suffrage for those persons convicted of infamous crimes, also apply
106	105		to those persons convicted of crimes prior to May 18, 1981, which are infamous
107	106		crimes after May 18, 1981.
108	107		SECTION 6. Tennessee Code Annotated, Section 40-29-101, is amended by deleting
109	108		subsection (c) and substituting:
110	109		(c) A person convicted of an infamous crime may petition for restoration of full
111	110		rights of citizenship upon the expiration of the sentence imposed for the infamous crime.
112	111		(d) Except as provided in § 40-29-204, a conviction for an infamous crime
113	112		renders a person ineligible to vote only while the person is currently imprisoned in a
114	113		penal institution, serving parole, or on probation for that conviction.
115	114		SECTION 7. Tennessee Code Annotated, Section 40-29-105(b)(2), is amended by
116	115		deleting the subdivision and substituting:
117	116		(2) A conviction for an infamous crime renders a person ineligible to vote only
118	117		while the person is currently imprisoned in a penal institution, on parole, or on probation
	118	+	for that conviction; except that a person rendered infamous after July 1, 1986, by virtue
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123		-	for that conviction; except that a person rendered infamous after July 1, 1986, by virtue
124	123		of being convicted of one (1) of the following crimes, shall never be eligible to register
125	124		and vote in this state:
126	125		(A) First degree murder;
127	126		(B) Aggravated rape;
128	127		(C) Treason; or
129	128		(D) Voter fraud;
130	129		SECTION 8. Tennessee Code Annotated, Section 40-29-202, is amended by deleting
131	130		the section and substituting instead the following:
132	131		(a) A person convicted of an infamous crime is rendered ineligible to vote only
133	132		while imprisoned in a penal institution, on parole, or on probation for that conviction;
134	133		except that those persons described in § 40-29-204 shall never be eligible to vote in this
135	134		state.
136	135		(b) The right of suffrage for any person, including those rendered infamous and
137	136		temporarily deprived of suffrage due to incarceration, probation, or parole for that
138	137		conviction, shall not be further infringed or denied due to the inability or failure to pay any
139	138		monetary obligations, including, but not limited to, civil or criminal penalties, restitution,
140	139		court costs, or child support.
141	140		SECTION 9. Tennessee Code Annotated, Section 40-29-203, is amended by deleting
142	141		the section and substituting instead the following:
143	142		(a) A person convicted of an infamous crime who becomes eligible to vote
144	143		pursuant to § 40-29-202 upon completion of the person's sentence shall be issued a
145	144		certificate of voting rights restoration upon a form prescribed by the coordinator of
146	145		elections, by:
147	146		(1) The pardoning authority;
	147	+	(2) The warden or an agent or officer of the incarcerating authority; or
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152		-	(2) The warden or an agent or officer of the incarcerating authority; or
153	152		(3) A parole officer, probation officer, or another agent or officer of the
154	153		supervising authority.
155	154		(b) The issuing authority shall supply the person being released with a written
156	155		statement explaining the purpose and effect of the certificate of voting rights restoration
157	156		and explaining the procedure by which the person may use the certificate to apply for
158	157		and receive a voter registration card.
159	158		(c) A certificate of voting rights restoration issued pursuant to subsection (a) is
160	159		sufficient proof that the person named on the certificate is no longer disqualified from
161	160		voting by reason of having been convicted of an infamous crime.
162	161		(d) A person issued a certificate of voting rights restoration pursuant to this
163	162		section may submit the completed certificate to the administrator of elections of the
164	163		county in which the person is eligible to vote as sufficient proof of rights restoration. If
165	164		submitted, then the administrator of elections shall send the certificate to the coordinator
166	165		of elections who shall verify that the certificate was issued in compliance with this
167	166		section. Upon determining that the certificate complies with this section, the coordinator
168	167		shall notify the appropriate administrator of elections and, after determining that the
169	168		person is qualified to vote in that county by using the same verification procedure used
170	169		for any applicant, the administrator shall grant the application for a voter registration
171	170		card. The administrator shall issue a voter registration card and the card shall be mailed
172	171		to the applicant in the same manner as provided for any newly issued card.
173	172		(e) A person who does not submit a certificate of voting rights restoration as
174	173		outlined in subsection (d) shall not be denied a voter registration card due to absence of
175	174		the certificate. A voter registration form submitted by such person, absent a rights
176	175		restoration certificate, shall be reviewed by the appropriate administrator of elections
	176	+	who will verify with the secretary of state that the person is eligible to register. If the
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181		-	who will verify with the secretary of state that the person is eligible to register. If the
182	181		administrator of elections determines that the person may register, then the
183	182		administrator of elections shall use the same verification procedure used for any
184	183		applicant and grant the application for a voter registration card if appropriate.
185	184		(f) The department of correction shall communicate at least twice monthly to the
186	185		secretary of state a list of those newly eligible persons described in § 40-29-202 to
187	186		include the name, date of birth, and social security number to enable voter registration
188	187		upon application as described in subsection (e). The secretary of state shall
189	188		communicate the eligibility with the appropriate administrator of elections as described in
190	189		subsection (e).
191	190		SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.