SENATE BILL 594
By Kyle
HOUSE BILL 616
By Hardaway
HB0616
000611
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AN ACT to amend Tennessee Code Annotated, Title 2 and
Title 40, relative to restoration of citizenship rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 2-2-102, is amended by deleting
subsection (a) and substituting:
(a) A citizen of the United States eighteen (18) years of age or older who is a
resident of this state is a qualified voter unless the citizen is:
(1) Disqualified under this title;
(2) Currently imprisoned in a penal institution, on probation, or on parole
for a judgment of infamy; or
(3) A person described in § 40-29-204.
SECTION 2. Tennessee Code Annotated, Section 2-2-116, is amended by deleting the
language "If the answer to question ten (10) is “yes,” have you received a pardon or had your
full rights of citizenship restored by a court for all crimes listed?" and substituting:
If the answer to question ten (10) is "yes," have you received a pardon, had your full
rights of citizenship restored by a court, or completed any sentence of incarceration,
probation, or parole for all crimes listed?
SECTION 3. Tennessee Code Annotated, Section 2-2-139(a), is amended by adding
the following new subdivision:
(4) The person's right of suffrage has been restored due to the expiration of the
sentence imposed for the infamous crime.
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SECTION 4. Tennessee Code Annotated, Section 2-2-139(b), is amended by deleting
the subsection and substituting:
(b)
(1) For purposes of this section, the following document is sufficient proof
to the administrator that the person fulfills the above requirements as to the
offense or offenses specified:
(A) A pardon;
(B) A certified copy of a judgment of a court of competent
jurisdiction; or
(C) A certificate of voting rights restoration, upon a form
prescribed by the coordinator of elections, issued by:
(i) The warden or an agent or officer of the incarcerating
authority; or
(ii) A parole officer, probation officer, or another agent or
officer of the supervising authority.
(2) Notwithstanding subdivision (b)(1), before allowing a person
convicted of an infamous crime to become a registered voter, the administrator in
each county shall verify with the state coordinator of elections that the person is
eligible to register under this section.
SECTION 5. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
section and substituting:
The following provisions govern the exercise of the right of suffrage for those
persons convicted of an infamous crime:
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(1) A person who has been convicted of an infamous crime, as defined
by § 40-20-112, in this state shall not be permitted to register to vote or vote at
any election unless:
(A) The person has been pardoned by the governor. However,
the governor may attach to any such pardon a special condition that such
person shall not have the right of suffrage until a date certain in the future,
or until the expiration of the pardoned sentence, whichever period of time
is less;
(B) The person's full rights of citizenship have been restored as
prescribed by law; or
(C) The person's right of suffrage has been restored due to the
expiration of the sentence imposed for the infamous crime;
(2) A person who has been convicted in federal court of a crime or
offense which would constitute an infamous crime under the laws of this state,
regardless of the sentence imposed, shall not be allowed to register to vote or
vote at any election unless:
(A) The person has been pardoned or restored to the full rights of
citizenship by the president of the United States;
(B) The person's full rights of citizenship have otherwise been
restored in accordance with federal law or the law of this state; or
(C) The person's right of suffrage has been restored due to the
expiration of the sentence imposed for the infamous crime;
(3) A person who has been convicted in another state of a crime or
offense which would constitute an infamous crime under the laws of this state,
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regardless of the sentence imposed, shall not be allowed to register to vote or
vote at any election in this state unless:
(A) The person has been pardoned or restored to the rights of
citizenship by the governor or other appropriate authority of such other
state;
(B) The person's full rights of citizenship have otherwise been
restored in accordance with the laws of such other state, or the law of this
state; or
(C) The person's right of suffrage has been restored due to the
expiration of the sentence imposed for the infamous crime; and
(4) The provisions of this section, relative to the forfeiture and restoration
of the right of suffrage for those persons convicted of infamous crimes, also apply
to those persons convicted of crimes prior to May 18, 1981, which are infamous
crimes after May 18, 1981.
SECTION 6. Tennessee Code Annotated, Section 40-29-101, is amended by deleting
subsection (c) and substituting:
(c) A person convicted of an infamous crime may petition for restoration of full
rights of citizenship upon the expiration of the sentence imposed for the infamous crime.
(d) Except as provided in § 40-29-204, a conviction for an infamous crime
renders a person ineligible to vote only while the person is currently imprisoned in a
penal institution, serving parole, or on probation for that conviction.
SECTION 7. Tennessee Code Annotated, Section 40-29-105(b)(2), is amended by
deleting the subdivision and substituting:
(2) A conviction for an infamous crime renders a person ineligible to vote only
while the person is currently imprisoned in a penal institution, on parole, or on probation
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for that conviction; except that a person rendered infamous after July 1, 1986, by virtue
of being convicted of one (1) of the following crimes, shall never be eligible to register
and vote in this state:
(A) First degree murder;
(B) Aggravated rape;
(C) Treason; or
(D) Voter fraud;
SECTION 8. Tennessee Code Annotated, Section 40-29-202, is amended by deleting
the section and substituting instead the following:
(a) A person convicted of an infamous crime is rendered ineligible to vote only
while imprisoned in a penal institution, on parole, or on probation for that conviction;
except that those persons described in § 40-29-204 shall never be eligible to vote in this
state.
(b) The right of suffrage for any person, including those rendered infamous and
temporarily deprived of suffrage due to incarceration, probation, or parole for that
conviction, shall not be further infringed or denied due to the inability or failure to pay any
monetary obligations, including, but not limited to, civil or criminal penalties, restitution,
court costs, or child support.
SECTION 9. Tennessee Code Annotated, Section 40-29-203, is amended by deleting
the section and substituting instead the following:
(a) A person convicted of an infamous crime who becomes eligible to vote
pursuant to § 40-29-202 upon completion of the person's sentence shall be issued a
certificate of voting rights restoration upon a form prescribed by the coordinator of
elections, by:
(1) The pardoning authority;
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(2) The warden or an agent or officer of the incarcerating authority; or
(3) A parole officer, probation officer, or another agent or officer of the
supervising authority.
(b) The issuing authority shall supply the person being released with a written
statement explaining the purpose and effect of the certificate of voting rights restoration
and explaining the procedure by which the person may use the certificate to apply for
and receive a voter registration card.
(c) A certificate of voting rights restoration issued pursuant to subsection (a) is
sufficient proof that the person named on the certificate is no longer disqualified from
voting by reason of having been convicted of an infamous crime.
(d) A person issued a certificate of voting rights restoration pursuant to this
section may submit the completed certificate to the administrator of elections of the
county in which the person is eligible to vote as sufficient proof of rights restoration. If
submitted, then the administrator of elections shall send the certificate to the coordinator
of elections who shall verify that the certificate was issued in compliance with this
section. Upon determining that the certificate complies with this section, the coordinator
shall notify the appropriate administrator of elections and, after determining that the
person is qualified to vote in that county by using the same verification procedure used
for any applicant, the administrator shall grant the application for a voter registration
card. The administrator shall issue a voter registration card and the card shall be mailed
to the applicant in the same manner as provided for any newly issued card.
(e) A person who does not submit a certificate of voting rights restoration as
outlined in subsection (d) shall not be denied a voter registration card due to absence of
the certificate. A voter registration form submitted by such person, absent a rights
restoration certificate, shall be reviewed by the appropriate administrator of elections
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who will verify with the secretary of state that the person is eligible to register. If the
administrator of elections determines that the person may register, then the
administrator of elections shall use the same verification procedure used for any
applicant and grant the application for a voter registration card if appropriate.
(f) The department of correction shall communicate at least twice monthly to the
secretary of state a list of those newly eligible persons described in § 40-29-202 to
include the name, date of birth, and social security number to enable voter registration
upon application as described in subsection (e). The secretary of state shall
communicate the eligibility with the appropriate administrator of elections as described in
subsection (e).
SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.