<BillNo> <Sponsor>
SENATE BILL 347
By Hensley
SB0347
001876
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AN ACT to amend Tennessee Code Annotated, Title 2,
relative to elections.
WHEREAS, the Tennessee Code Annotated definition of the term "signature" is not
sufficiently specific and adequate for use in Tennessee Code Annotated, Title 2, as the term
applies to certain election-related documents; and
WHEREAS, the term "signature" should have a particular and specific meaning and be
appropriately tailored for use in certain election laws in this State; and
WHEREAS, the term "signature" should be amended as applicable in Tennessee Code
Annotated, Title 2, to simplify and expedite the verification of signatures by county election
commissions, election officials, and others performing official election-related functions with
respect to election-related documents, including, but not limited to, nominating petitions for
candidacy and other petitions for referendum questions, recall, or initiative; voter registration
applications and forms to revise a voter's registration information; applications for absentee
ballots; and completed absentee ballots and related materials, for the purpose of reducing the
likelihood of contested elections and litigation regarding the validity of signatures; and
WHEREAS, the General Assembly finds that this act is consistent with the purposes
articulated in Tennessee Code Annotated, Section 2-1-102; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 2-1-104(a), is amended by adding
the following new subdivisions:
( ) "Election-related document" means:
(A) A nominating petition or a petition for recall, referendum, or initiative
filed in accordance with chapter 5, part 1 of this title;
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(B) An application for an absentee ballot requested in accordance with
chapter 6 of this title and envelopes and documents related to voting absentee
containing a signature that must be verified for purposes of casting an absentee
vote; and
(C) A voter registration application filed in accordance with chapter 2,
parts 1 or 2 of this title and any document submitted to renew or revise the
registration record of a voter;
( ) "Signature," notwithstanding § 1-3-105, for purposes of election-related
documents:
(A) Means the full, legal handwritten signature of a registered voter or
person qualified to register to vote in this state, in legible English alphabetic
characters unless an exception applies pursuant to 8 U.S.C. § 1423(b)(2) or (3);
(B) Includes:
(i) One (1) or more initials of a registered voter with the voter's full
legal last name in lieu of the voter's full legal name if the voter's
registration record or voter registration card uses only one (1) or more
initials and the voter's full legal last name; and
(ii) If a voter is physically unable to write the voter's name, the
voter's individual mark, such as an "X," with the voter's full legal name
written in legible English alphabetic characters by a witness who is a
registered voter in the same county and who witnessed the voter make
the voter's mark. The witness shall also write the witness's own name in
legible English alphabetic characters next to the voter's mark and written
name. The witness shall verify the identity of the voter using a legal
document acceptable to register to vote.
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SECTION 2. Tennessee Code Annotated, Section 2-1-107, is amended by deleting the
existing language and substituting the following:
(a) A person signing a petition as authorized under this title, whether for
nomination of a candidate, for a referendum, or for another purpose, must be a qualified
and registered voter and shall include the person's residential address, handwritten in
legible English alphabetic characters, as shown on such person's valid voter registration
card in order for that person's signature to be counted; provided, that, if the address
shown on the petition:
(1) Is within the precinct for which the person is signing the petition, but is
not the address shown on the person's voter registration record, the signature is
valid and must be counted;
(2) Is outside of the precinct for which the person is signing the petition,
regardless of the address shown on the person's voter registration card, the
signature is invalid and must not be counted; and
(3) Includes information on a petition that exceeds the information
contained on the person's voter registration record, the signature must not be
invalidated for that reason if there is no conflict between such information. If
such information conflicts, the signature is invalid and must not be counted.
(b) A registered voter who is eligible to vote in the election in question may sign
a petition authorized under this title.
(c) The signature of a voter on a petition signed pursuant to this title must be
compared by the county election commission to the signature on the voter registration
record of the signatory. A petition signature must bear sufficient resemblance to the
signature on the voter's registration record for a lay person to discern that the signatures
were written by the same person, as determined by the county election commission.
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The county election commission shall not use or require extraneous evidence, such as
oral testimony or affidavits, in order to verify the validity of the handwritten signatures on
petitions or other election-related documents.
SECTION 3. Tennessee Code Annotated, Section 2-2-122, is amended by adding the
following new subsection:
( ) Voters, including those who are homeless, must be registered to vote in
accordance with this title. In order for county and state voter registration records to be
current and correct, and to make the process of voting and verifying signatures easier for
election officials and voters, each registered voter is responsible for notifying the voter's
county election commission and updating the voter's registration when the voter moves,
whether within the county or to another county, or to another state or territory. The
required residential address written by a voter or a witness on a petition is sufficient if it
contains the street number, street name, city, if applicable, and state.
SECTION 4. Tennessee Code Annotated, Section 2-5-101(b)(2), is amended by
deleting the first sentence of the subdivision and substituting:
The signer of a petition must comply with § 2-1-107 in order for that voter's
signature to be counted.
SECTION 5. Tennessee Code Annotated, Sections 2-5-101(b)(3) and 2-2-119, are
amended by deleting the subdivision and section in their entireties.
SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it.