Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0133 Compare Versions

Only one version of the bill is available at this time.
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22 HOUSE BILL 69
33 By Lamberth
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55 SENATE BILL 133
66 By Johnson
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99 SB0133
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1313 AN ACT to amend Tennessee Code Annotated, Title 2;
1414 Title 4; Title 38; Title 39; Title 41 and Title 55,
1515 relative to determining voter eligibility.
1616
1717 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1818 SECTION 1. Tennessee Code Annotated, Title 2, Chapter 2, is amended by creating
1919 the following as a new part:
2020 Part 4. Verification of Voter Eligibility
2121 2-2-401. Verification of eligibility to vote based upon United States citizenship.
2222 (a) The coordinator of elections, in collaboration with the department of safety,
2323 shall, prior to January 1, 2028, create a secure, electronic portal through which each
2424 county administrator of elections may access information to verify, prior to processing an
2525 applicant's application to register to vote, whether the applicant is a non-United States
2626 citizen based upon records on file.
2727 (b) In carrying out subsection (a), the coordinator of elections and department:
2828 (1) Shall identify the parameters of information of an applicant to register
2929 to vote that may be submitted and received through the portal by an
3030 administrator;
3131 (2) Shall ensure that, upon submission of such information by an
3232 administrator, the administrator receives accurate and current information
3333 regarding the citizenship status of the applicant on file with the department
3434 without undue delay;
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3939 (3) Shall ensure that the portal has the capacity to respond to a high
4040 volume of daily submissions of applicant information by administrators across
4141 this state as specified by the coordinator of elections; and
4242 (4) May develop a temporary alternative method for the verification of
4343 citizenship by an administrator in the event that the portal is offline, inaccessible,
4444 malfunctioning, or undergoing maintenance.
4545 (c) If a county administrator rejects an application based upon information
4646 received pursuant to this section, the administrator shall provide written notice to the
4747 applicant of the applicant's right to appeal the decision in accordance with § 2-2-125.
4848 2-2-402. Verification of eligibility to vote based upon felony conviction.
4949 (a) The coordinator of elections, in collaboration with the Tennessee bureau of
5050 investigation (TBI), shall, prior to January 1, 2028, create a secure, electronic portal
5151 through which each county administrator of elections may access information to verify,
5252 prior to processing an applicant's application to register to vote, whether the applicant is
5353 ineligible to vote based upon records on file as the result of a felony conviction, or
5454 alternatively, whether an applicant who has been convicted of a felony is eligible to vote
5555 as the result of expunction.
5656 (b) In carrying out subsection (a), the coordinator of elections and TBI:
5757 (1) Shall identify the parameters of information of an applicant to register
5858 to vote that may be submitted and received through the portal by an
5959 administrator;
6060 (2) Shall ensure that, upon submission of such information by an
6161 administrator, the administrator receives accurate and current information
6262 regarding the eligibility status of the applicant without undue delay;
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6767 (3) Shall ensure that the portal has the capacity to respond to a high
6868 volume of daily submissions of applicant information by administrators across
6969 this state as specified by the coordinator of elections; and
7070 (4) May develop a temporary alternative method for the verification of
7171 eligibility by an administrator in the event that the portal is offline, inaccessible,
7272 malfunctioning, or undergoing maintenance.
7373 (c) If a county administrator rejects an application based upon information
7474 received pursuant to this section, the administrator shall provide written notice to the
7575 applicant of the applicant's right to appeal the decision in accordance with § 2-2-125.
7676 2-2-403. Severability.
7777 If a provision of this part or its application to a person or circumstance is held
7878 invalid, then the invalidity does not affect other provisions or applications of the part that
7979 can be given effect without the invalid provision or application, and to that end, the
8080 provisions of this part are severable.
8181 SECTION 2. Tennessee Code Annotated, Section 2-2-125, is amended by deleting
8282 subsection (b) and substituting instead the following:
8383 (b) The administrator shall provide written notice to the registrant that the
8484 registrant has a right to appeal the decision to the commission within ten (10) days from
8585 the date the notice was sent. The administrator shall include with such notice an appeal
8686 form.
8787 SECTION 3. Tennessee Code Annotated, Section 2-7-112(c)(1), is amended by adding
8888 the language "that is not a temporary driver license" immediately after the language "Tennessee
8989 driver license".
9090 SECTION 4. Tennessee Code Annotated, Section 55-50-303(a)(9), is amended by
9191 deleting the following language:
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9696 To any person who is not a United States citizen or lawful permanent resident of
9797 the United States.
9898 and substituting instead the following:
9999 To any person who is not a United States citizen.
100100 SECTION 5. Tennessee Code Annotated, Section 55-50-321(c)(1)(C), is amended by
101101 deleting the subdivision and substituting instead the following:
102102 (C) Any applicant applying for a driver license, instruction permit, intermediate
103103 driver license, or photo identification license, upon initial issuance or reinstatement, shall
104104 provide either an original or certified copy of documentation that the applicant is a citizen
105105 of the United States.
106106 SECTION 6. Tennessee Code Annotated, Section 55-50-321(i)(1), is amended by
107107 deleting the subdivision and substituting instead the following:
108108 (1) Any person presenting a driver license from a state that issues driver
109109 licenses to illegal aliens for the purposes of obtaining a Tennessee driver license is
110110 required to establish proof of United States citizenship, or, in the case of a temporary
111111 driver license, either lawful permanent resident status or a specified period of authorized
112112 stay in the United States.
113113 SECTION 7. Tennessee Code Annotated, Section 55-50-331(g), is amended by
114114 deleting the subsection and substituting instead the following:
115115 (1) Notwithstanding another law to the contrary, the department may issue a
116116 temporary driver license, temporary intermediate driver license, temporary photo
117117 identification license, or temporary learner permit to lawful permanent residents of the
118118 United States or to persons whose presence in the United States has been authorized
119119 by the federal government for a specific purpose and for a specified period of authorized
120120 stay.
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125125 (2) The temporary driver license or photo identification license is valid only
126126 during the period of time of the applicant's authorized stay in the United States or the
127127 valid period of the applicant's lawful permanent resident card; provided, however, that a
128128 temporary license or photo identification license must not be issued for a period longer
129129 than eight (8) years.
130130 (3) A temporary driver license, temporary photo identification license, or
131131 temporary permit must include a visually distinctive font or color for the class designation
132132 on the face of the license to distinguish the temporary license from the license issued to
133133 United States citizens under § 55-50-303(a)(9) that are used as a photo identification for
134134 voting purposes.
135135 (4) A lawful permanent resident who renews or reinstates a driver license,
136136 permit, or photo identification license on or after January 1, 2026, must provide proof of
137137 United States citizenship to maintain the driver license, permit, or photo identification
138138 license. If such proof of citizenship is not provided, then the person must be issued a
139139 temporary driver license, temporary permit, or temporary photo identification license
140140 pursuant to this section.
141141 (5) A person who becomes a United States citizen may provide proof of such
142142 citizenship to the department at any time to receive a license under § 55-50-303(a)(9).
143143 SECTION 8. Tennessee Code Annotated, Section 55-50-102(56), is amended by
144144 adding the language "except for an individual who is a lawful permanent resident," immediately
145145 before the language "if there is no definite end".
146146 SECTION 9. The headings in this act are for reference purposes only and do not
147147 constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
148148 requested to include the headings in any compilation or publication containing this act.
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153153 SECTION 10. If any provision of this act or its application to any person or circumstance
154154 is held invalid, then the invalidity does not affect other provisions or applications of the act that
155155 can be given effect without the invalid provision or application, and to that end, the provisions of
156156 this act are severable.
157157 SECTION 11. Sections 1, 2, and 9 of this act take effect upon becoming a law, the
158158 public welfare requiring it. For purposes of promulgating rules and forms and redesigning
159159 licenses and permits, if applicable, all remaining sections of this act take effect upon becoming a
160160 law, the public welfare requiring it. For all other purposes, all remaining sections of this act take
161161 effect January 1, 2026, the public welfare requiring it.