Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0937 Compare Versions

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2-SENATE BILL 1211
3- By Oliver
2+<BillNo> <Sponsor>
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54 HOUSE BILL 937
65 By Glynn
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98 HB0937
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1211
1312 AN ACT to amend Tennessee Code Annotated, Title 2;
1413 Title 40 and Title 41, relative to voting rights.
1514
1615 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1716 SECTION 1. Tennessee Code Annotated, Section 2-2-106, is amended by deleting
1817 subsection (a) and substituting:
1918 (a) The registration of a person is purged:
2019 (1) At the request of the voter;
2120 (2) Ninety (90) days after a name change for any reason, except by
2221 marriage or divorce;
2322 (3) If the voter dies; or
2423 (4) Upon written confirmation from the voter that the voter has changed
2524 the voter's address to an address outside the county of registration or has
2625 registered to vote in another jurisdiction.
2726 SECTION 2. Tennessee Code Annotated, Section 2-2-106, is amended by adding the
2827 following as new subsections:
2928 (i) Upon receiving information that a person has been convicted of an infamous
3029 crime as defined by § 40-20-112 from the state coordinator of elections, the district
3130 attorney general, United States attorney, clerk of the court that entered the conviction, or
3231 other source upon verification by the clerk of the convicting court, the administrator of
3332 elections shall place the registration in suspended status.
33+ (j) Voter registrations that are suspended pursuant to subsection (i) are not
34+included in a county's total of registered voters. The administrator of elections shall
35+report suspended voter registrations to the state coordinator of elections.
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38- (j) Voter registrations that are suspended pursuant to subsection (i) are not
39-included in a county's total of registered voters. The administrator of elections shall
40-report suspended voter registrations to the state coordinator of elections.
4140 (k) The state coordinator of elections shall maintain a list of suspended voter
4241 registrations and a list of restored voter registrations.
4342 SECTION 3. Tennessee Code Annotated, Section 2-2-116(12), is amended by deleting
4443 "had your full rights of citizenship restored by a court" and substituting "a certificate of final
4544 discharge from supervision".
4645 SECTION 4. Tennessee Code Annotated, Section 2-2-139, is amended by deleting the
4746 section and substituting instead the following:
4847 (a) A person who has temporarily forfeited the right to suffrage because of a
4948 conviction of an infamous crime is eligible to vote automatically upon confirmation that:
5049 (1) The person has completed the sentence imposed upon conviction for
5150 an infamous crime, including any parole or probationary period; or
5251 (2) An appellate court of competent jurisdiction has entered a final
5352 judgment reversing the person's conviction of all infamous crimes.
5453 (b) For purposes of subsection (a), a certificate of final discharge from
5554 supervision or a certified copy of a judgment of an appellate court of competent
5655 jurisdiction is sufficient proof to the administrator that the person fulfills the above
5756 requirements as to the offense specified on the certificate of final discharge or judgment.
5857 (c) The state coordinator of elections shall formulate a uniform procedure for
5958 automatically verifying the registration eligibility of any person convicted of an infamous
6059 crime and updating the appropriate administrator of elections of any changes to the
6160 suspended voter registration list under § 2-2-106. Upon receiving sufficient verification
6261 of the person's eligibility to register, the administrator must allow the person to become a
62+registered voter or reactivate the person's voter registration in the same manner and in
63+accordance with the same laws or rules as any other citizen of this state.
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67-registered voter or reactivate the person's voter registration in the same manner and in
68-accordance with the same laws or rules as any other citizen of this state.
6968 SECTION 5. Tennessee Code Annotated, Section 2-11-202(a), is amended by deleting
7069 subdivisions (16) and (17) and substituting instead:
7170 (16)
7271 (A) Devise and furnish to the clerks of the circuit and criminal courts a
7372 form to be used for notifying county election commissions of the fact that a
7473 registered voter has been convicted of an infamous crime and therefore has a
7574 suspended voter registration. The form must include the voter's name, race, date
7675 of birth, and social security number, if available; and
7776 (B) Devise and furnish to the department of correction a form to be used
7877 to notify the county election commissions of the fact that a suspended voter's
7978 sentence has been completed and the voter is eligible for automatic restoration
8079 of the voter's right of suffrage pursuant to §§ 2-2-139 and 40-29-202;
8180 (17) Instruct the administrators in each county to:
8281 (A) Suspend the registration of any person who is registered to vote in
8382 the administrator's county when notified that the person has been convicted of an
8483 infamous crime; and
8584 (B) Restore to the voting rolls any person whose registration has been
8685 suspended in the administrator's county when notified that the person has
8786 completed the sentence or received a copy of the final judgment reversing the
8887 person's conviction of all infamous crimes;
8988 SECTION 6. Tennessee Code Annotated, Section 2-11-202(a), is amended by adding
9089 the following new subdivisions:
90+ (20) Maintain a list of individuals whose right of suffrage has been suspended for
91+conviction of an infamous crime;
92+ (21) Maintain a list of individuals whose right to suffrage has been restored; and
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95- (20) Maintain a list of individuals whose right of suffrage has been suspended for
96-conviction of an infamous crime;
97- (21) Maintain a list of individuals whose right to suffrage has been restored; and
9897 (22) Develop and implement a program to educate attorneys, judges, election
9998 officials, appropriate staff under the department of correction, including parole and
10099 probation officers, and members of the public.
101100 SECTION 7. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
102101 section and substituting:
103102 (a) A person who has been convicted of an infamous crime, as defined by § 40-
104103 20-112, is not permitted to register to vote or vote at any election until the person has
105104 completed the sentence, including any parole or probationary period, pursuant to § 40-
106105 29-202, or an appellate court of competent jurisdiction has entered a final judgment
107106 reversing the person's conviction of all infamous crimes.
108107 (b) A person who has been convicted in another state of a crime or offense
109108 which would constitute an infamous crime under the laws of this state, regardless of the
110109 sentence imposed, shall not register to vote or vote at any election in this state until the
111110 person has completed the sentence, including any parole or probationary period or an
112111 appellate court of competent jurisdiction has entered a final judgment reversing the
113112 person's conviction of all infamous crimes.
114113 SECTION 8. Tennessee Code Annotated, Section 40-20-112, is amended by deleting
115114 the section and substituting:
116115 A criminal offense designated as a felony at the time of conviction is an infamous
117116 crime, and a person convicted of an infamous crime is immediately suspended from
118117 exercising the right of suffrage. A person so convicted is not disqualified to testify in any
119118 action, civil or criminal, by reason of having been convicted of any felony, and the fact of
119+conviction for any felony may only be used as a reflection upon the person's credibility
120+as a witness.
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124-conviction for any felony may only be used as a reflection upon the person's credibility
125-as a witness.
126125 SECTION 9. Tennessee Code Annotated, Section 40-29-105, is amended by deleting
127126 subdivision (b)(1)(A) and substituting:
128127 (A) Receiving a pardon, except where the pardon contains special conditions
129128 pertaining to the right of suffrage or the right to possess a firearm;
130129 SECTION 10. Tennessee Code Annotated, Section 40-29-105(b), is amended by
131130 deleting subdivisions (3) through (6) and substituting:
132131 (3) A person eligible for restoration of citizenship pursuant to subdivision (b)(1)
133132 may request, and then must be issued, a certificate of restoration upon a form
134133 prescribed by the coordinator of elections, by:
135134 (A) The pardoning authority; or
136135 (B) An agent or officer of the supervising or incarcerating authority;
137136 (4) A person issued a certificate of restoration must submit either a certificate of
138137 final discharge from the appropriate supervising authority or a certified copy of a
139138 judgment of an appellate court of competent jurisdiction to the administrator of elections
140139 of the county to be eligible to vote. Upon receiving a certificate of final discharge from
141140 the appropriate supervising authority or a certified copy of a judgment of an appellate
142141 court of competent jurisdiction, the coordinator of elections shall issue a voter
143142 registration card entitling the person to vote; and
144143 (5) Before allowing a person convicted of an infamous crime to become a
145144 registered voter, it is the duty of the administrator of elections in each county to verify
146145 with the coordinator of elections that the person is eligible to register pursuant to this title
147146 and title 2.
147+ SECTION 11. Tennessee Code Annotated, Section 40-29-105(c), is amended by
148+deleting subdivision (2) and substituting:
149+ (2)
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152- SECTION 11. Tennessee Code Annotated, Section 40-29-105(c), is amended by
153-deleting subdivision (2) and substituting:
154- (2)
155154 (A) A person receiving a pardon may petition for restoration immediately
156155 upon receiving the pardon; and
157156 (B) The department of correction or the appropriate supervising authority
158157 shall provide a person convicted of an infamous crime a certificate of discharge
159158 upon the completion of the sentence imposed by the court, including any parole
160159 or probationary period, for the infamous crime; provided, that a person convicted
161160 of murder, rape, treason, or voter fraud is ineligible to register and vote in this
162161 state;
163162 SECTION 12. Tennessee Code Annotated, Section 40-29-105(c), is amended by
164163 deleting subdivisions (6) and (7) and substituting:
165164 (6) A person whose right to suffrage has been restored pursuant to subdivision
166165 (c)(2) shall submit a certified copy of the order or certificate of final discharge to the
167166 administrator of elections of the county in which the person is eligible to vote. The
168167 administrator of elections shall verify with the coordinator of elections that the certificate
169168 of discharge was issued and, upon receiving the verification, shall issue the person a
170169 voter registration card entitling the person to vote; and
171170 (7) All costs for a proceeding under this subsection (c) to restore a person's
172171 citizenship rights must be paid by the petitioner unless the court specifically orders
173172 otherwise.
174173 SECTION 13. Tennessee Code Annotated, Section 40-29-202, is amended by deleting
175174 the section and substituting:
175+ A person rendered infamous and temporarily deprived of the right of suffrage is
176+automatically eligible for the restoration of the right of suffrage upon:
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180- A person rendered infamous and temporarily deprived of the right of suffrage is
181-automatically eligible for the restoration of the right of suffrage upon:
182181 (1) The completion of the person's sentence, including any parole or
183182 probationary period, and the person receiving a certificate of final discharge from
184183 the appropriate supervising authority; or
185184 (2) An appellate court of competent jurisdiction entering a final judgment
186185 reversing the person's conviction or convictions of all infamous crimes and the
187186 person received a certified copy of the judgment.
188187 SECTION 14. Tennessee Code Annotated, Section 40-29-203, is amended by deleting
189188 the section.
190189 SECTION 15. Tennessee Code Annotated, Section 40-29-204, is amended by deleting
191190 subdivisions (2) and (3).
192191 SECTION 16. Tennessee Code Annotated, Section 40-29-205, is amended by deleting
193192 the section.
194193 SECTION 17. Tennessee Code Annotated, Section 41-51-301, is amended by adding
195194 the following as new subsections:
196195 (d) The department of correction shall provide an inmate upon the inmate's
197196 release with:
198197 (1) A certificate of final discharge pursuant to § 40-29-202;
199198 (2) Written information on how to register to vote;
200199 (3) The amount of restitution to the victim of the offense owed by the
201200 inmate;
202201 (4) The amount of court costs owed by the inmate; and
203202 (5) The amount of child support owed by the inmate.
203+ (e) The department of correction shall provide a copy of the documentation
204+under subdivision (d)(1) to the state coordinator of elections who shall update the
205+appropriate administrator of elections pursuant to § 2-2-139.
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208- (e) The department of correction shall provide a copy of the documentation
209-under subdivision (d)(1) to the state coordinator of elections who shall update the
210-appropriate administrator of elections pursuant to § 2-2-139.
211210 SECTION 18. On or before January 1, 2026, the coordinator of elections shall send a
212211 certified letter and a voter registration application to the last known address of each person who
213212 had a felony conviction after January 14, 1973, but prior to May 18, 1981, informing the person
214213 that the person is eligible to vote, never lost the right to vote in this state, and does not need to
215214 have the person's rights restored.
216215 SECTION 19. This act takes effect July 1, 2025, the public welfare requiring it.