Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0348 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	HOUSE BILL 202
3	3	By Keisling
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5	5	SENATE BILL 348
6	6	By Hensley
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9	9	SB0348
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13	13	AN ACT to amend Tennessee Code Annotated, Title 2,
14	14	relative to elections.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Sections 2-2-141, is amended by deleting the
18	18	section and substituting:
19	19	(a)
20	20	(1) After July 1, 2025, a person registering to vote in this state shall
21	21	submit, along with the registration forms, proof that the applicant is a United
22	22	States citizen for purposes of voting in elections in this state. Proof of citizenship
23	23	required must be an original or a true and correct copy of a document listed in
24	24	subdivisions (b)(1)–(4).
25	25	(2) The coordinator of elections shall compare monthly the statewide
26	26	voter registration database with the department of safety database to ensure
27	27	non-United States citizens are not registered to vote in this state. The
28	28	coordinator of elections may compare the statewide voter registration database
29	29	with those of relevant federal and state agencies, including the systematic alien
30	30	verification for entitlements (SAVE) program database, the social security
31	31	database, naturalization records, public health and public assistance records,
32	32	and county records for the same purpose.
33	33	(3) The coordinator of elections shall ensure that the citizenship of
34	34	registered voters is verified before the commencement of early voting for each
35	35	election. If the coordinator of elections is not able to verify the citizenship of an
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40	40	individual who has applied to register to vote prior to the registration deadline, the
41	41	individual may only vote a provisional ballot, which must not be counted until the
42	42	individual's citizenship is verified.
43	43	(4)
44	44	(A) If sufficient evidence exists that a particular registered voter is
45	45	not a citizen of the United States, the coordinator of elections shall notify
46	46	both the state election commission and the county election commission of
47	47	the county where the person is registered to vote that the registered voter
48	48	may not be a citizen of the United States. Notification of the state and
49	49	county election commission must occur monthly.
50	50	(B) Not later than five (5) business days after receiving notice
51	51	under subdivision (a)(4)(A), the county election commission shall send a
52	52	notice to the registered voter inquiring whether the individual is eligible to
53	53	be registered to vote. The county election commission shall send the
54	54	notice to the address at which the voter is registered, by certified mail,
55	55	return receipt requested. Voters are responsible for keeping the county
56	56	election commission informed of the voter's current address by
57	57	transferring or updating registration information in accordance with § 2-2-
58	58	129. If the county election commission does not receive the return receipt
59	59	within five (5) business days after the date the notice is postmarked, the
60	60	voter is deemed to have received the notice at such time.
61	61	(b) A registered voter who receives a notice pursuant to subdivision (a)(4)(B)
62	62	shall, no later than thirty (30) days after the receipt of such notice, provide proof of
63	63	citizenship to the county election commission. For purposes of this subsection (b), proof
64	64	of citizenship includes:
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69	69	(1) The voter's birth certificate or a legible photocopy of the voter's birth
70	70	certificate;
71	71	(2) The voter's United States passport or a legible photocopy of the
72	72	pertinent pages of the voter's United States passport, identifying the voter and
73	73	showing the passport number;
74	74	(3) The voter's United States naturalization documentation or a legible
75	75	photocopy of the voter's United States naturalization documentation; or
76	76	(4) A document or method of proof of citizenship established by the
77	77	federal Immigration Reform and Control Act of 1986 (8 U.S.C. §§ 1101 et seq.).
78	78	(c) If a notice sent by a county election commission under subdivision (a)(4)(B)
79	79	is returned as undeliverable, or if the registered voter or person who responds to the
80	80	notice does not provide proof of citizenship to the county election commission during the
81	81	period specified under subsection (b), the administrator of elections of the county where
82	82	the person is registered to vote shall purge the voter from the voter registration
83	83	database, but shall permanently maintain the person's registration and voting history. In
84	84	such event, the person may appeal to the state election commission and submit
85	85	additional documentation in person or in writing that the person contends constitutes
86	86	proof of citizenship.
87	87	(d) An appeal to the state election commission under subsection (c) must be
88	88	conducted as follows:
89	89	(1) The voter shall notify the county administrator of elections and the
90	90	state election commission of the appeal no later than fourteen (14) days after the
91	91	county election commission has determined that the voter failed to provide
92	92	satisfactory proof of citizenship. If the voter provides timely notice of appeal, the
93	93	county administrator of elections shall not purge the voter from the voter
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98	98	registration database pending the state election commission's adjudication of the
99	99	appeal;
100	100	(2) The voter must submit originals or true and correct photocopies of
101	101	documentation of citizenship to the state election commission with the voter's
102	102	notice of appeal;
103	103	(3) The state election commission shall conduct a hearing at which the
104	104	voter must appear in person or by means of electronic video in such a manner
105	105	that allows all participants to see and hear each other in real time. The hearing
106	106	must be conducted in accordance with the Tennessee Uniform Administrative
107	107	Procedures Act, codified in title 4, chapter 5;
108	108	(4) The state election commission shall then enter an order determining
109	109	whether or not the person is a United States citizen and qualified to vote in this
110	110	state. The order must be supported by findings of fact and conclusions of law.
111	111	The state election commission shall forward a copy of the order to the
112	112	administrator of elections of the county where the person resides;
113	113	(5) The state election commission's determination is final and subject
114	114	only to judicial review; and
115	115	(6) If the state election commission determines that the person is not a
116	116	United States citizen and not qualified to vote in this state, the county
117	117	administrator of elections shall purge the person from the records of registered
118	118	voters and shall permanently maintain the person's registration and voting
119	119	history. If the state election commission determines that the person is a United
120	120	States citizen and qualified to vote in this state, the county administrator of
121	121	elections shall restore the voter to the database of registered voters.
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126	126	(e) Except as provided in this subsection (e) and as required by law, an order of
127	127	the state election commission, including all documentation provided to show proof of
128	128	citizenship as well as information from the department of safety database, relevant
129	129	federal and state agency records, and county records, are confidential and not available
130	130	for inspection by the public; provided, that such an order finding that a person who
131	131	registered to vote is not a United States citizen is a public record. The coordinator of
132	132	elections shall report to the appropriate district attorney general a determination that a
133	133	person who registered to vote is not a United States citizen in violation of federal or state
134	134	law, as applicable.
135	135	SECTION 2. Tennessee Code Annotated, Section 2-2-201(2)(C) and (D), are amended
136	136	by deleting the subdivisions and substituting:
137	137	(C) Shall include a statement that specifies each eligibility requirement for voting
138	138	as set forth in this title, including an attestation that the applicant meets each such
139	139	requirement, including citizenship and the validity of the applicant's social security
140	140	number, and that requires the signature of the applicant under penalty of perjury;
141	141	(D) Shall be made available by the department to the appropriate county election
142	142	commission office and the coordinator of elections for purposes of ensuring compliance
143	143	with § 2-2-141; and
144	144	SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.