HOUSE BILL 202
By Keisling
SENATE BILL 348
By Hensley
SB0348
000010
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AN ACT to amend Tennessee Code Annotated, Title 2,
relative to elections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Sections 2-2-141, is amended by deleting the
section and substituting:
(a)
(1) After July 1, 2025, a person registering to vote in this state shall
submit, along with the registration forms, proof that the applicant is a United
States citizen for purposes of voting in elections in this state. Proof of citizenship
required must be an original or a true and correct copy of a document listed in
subdivisions (b)(1)–(4).
(2) The coordinator of elections shall compare monthly the statewide
voter registration database with the department of safety database to ensure
non-United States citizens are not registered to vote in this state. The
coordinator of elections may compare the statewide voter registration database
with those of relevant federal and state agencies, including the systematic alien
verification for entitlements (SAVE) program database, the social security
database, naturalization records, public health and public assistance records,
and county records for the same purpose.
(3) The coordinator of elections shall ensure that the citizenship of
registered voters is verified before the commencement of early voting for each
election. If the coordinator of elections is not able to verify the citizenship of an
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individual who has applied to register to vote prior to the registration deadline, the
individual may only vote a provisional ballot, which must not be counted until the
individual's citizenship is verified.
(4)
(A) If sufficient evidence exists that a particular registered voter is
not a citizen of the United States, the coordinator of elections shall notify
both the state election commission and the county election commission of
the county where the person is registered to vote that the registered voter
may not be a citizen of the United States. Notification of the state and
county election commission must occur monthly.
(B) Not later than five (5) business days after receiving notice
under subdivision (a)(4)(A), the county election commission shall send a
notice to the registered voter inquiring whether the individual is eligible to
be registered to vote. The county election commission shall send the
notice to the address at which the voter is registered, by certified mail,
return receipt requested. Voters are responsible for keeping the county
election commission informed of the voter's current address by
transferring or updating registration information in accordance with § 2-2-
129. If the county election commission does not receive the return receipt
within five (5) business days after the date the notice is postmarked, the
voter is deemed to have received the notice at such time.
(b) A registered voter who receives a notice pursuant to subdivision (a)(4)(B)
shall, no later than thirty (30) days after the receipt of such notice, provide proof of
citizenship to the county election commission. For purposes of this subsection (b), proof
of citizenship includes:
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(1) The voter's birth certificate or a legible photocopy of the voter's birth
certificate;
(2) The voter's United States passport or a legible photocopy of the
pertinent pages of the voter's United States passport, identifying the voter and
showing the passport number;
(3) The voter's United States naturalization documentation or a legible
photocopy of the voter's United States naturalization documentation; or
(4) A document or method of proof of citizenship established by the
federal Immigration Reform and Control Act of 1986 (8 U.S.C. §§ 1101 et seq.).
(c) If a notice sent by a county election commission under subdivision (a)(4)(B)
is returned as undeliverable, or if the registered voter or person who responds to the
notice does not provide proof of citizenship to the county election commission during the
period specified under subsection (b), the administrator of elections of the county where
the person is registered to vote shall purge the voter from the voter registration
database, but shall permanently maintain the person's registration and voting history. In
such event, the person may appeal to the state election commission and submit
additional documentation in person or in writing that the person contends constitutes
proof of citizenship.
(d) An appeal to the state election commission under subsection (c) must be
conducted as follows:
(1) The voter shall notify the county administrator of elections and the
state election commission of the appeal no later than fourteen (14) days after the
county election commission has determined that the voter failed to provide
satisfactory proof of citizenship. If the voter provides timely notice of appeal, the
county administrator of elections shall not purge the voter from the voter
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registration database pending the state election commission's adjudication of the
appeal;
(2) The voter must submit originals or true and correct photocopies of
documentation of citizenship to the state election commission with the voter's
notice of appeal;
(3) The state election commission shall conduct a hearing at which the
voter must appear in person or by means of electronic video in such a manner
that allows all participants to see and hear each other in real time. The hearing
must be conducted in accordance with the Tennessee Uniform Administrative
Procedures Act, codified in title 4, chapter 5;
(4) The state election commission shall then enter an order determining
whether or not the person is a United States citizen and qualified to vote in this
state. The order must be supported by findings of fact and conclusions of law.
The state election commission shall forward a copy of the order to the
administrator of elections of the county where the person resides;
(5) The state election commission's determination is final and subject
only to judicial review; and
(6) If the state election commission determines that the person is not a
United States citizen and not qualified to vote in this state, the county
administrator of elections shall purge the person from the records of registered
voters and shall permanently maintain the person's registration and voting
history. If the state election commission determines that the person is a United
States citizen and qualified to vote in this state, the county administrator of
elections shall restore the voter to the database of registered voters.
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(e) Except as provided in this subsection (e) and as required by law, an order of
the state election commission, including all documentation provided to show proof of
citizenship as well as information from the department of safety database, relevant
federal and state agency records, and county records, are confidential and not available
for inspection by the public; provided, that such an order finding that a person who
registered to vote is not a United States citizen is a public record. The coordinator of
elections shall report to the appropriate district attorney general a determination that a
person who registered to vote is not a United States citizen in violation of federal or state
law, as applicable.
SECTION 2. Tennessee Code Annotated, Section 2-2-201(2)(C) and (D), are amended
by deleting the subdivisions and substituting:
(C) Shall include a statement that specifies each eligibility requirement for voting
as set forth in this title, including an attestation that the applicant meets each such
requirement, including citizenship and the validity of the applicant's social security
number, and that requires the signature of the applicant under penalty of perjury;
(D) Shall be made available by the department to the appropriate county election
commission office and the coordinator of elections for purposes of ensuring compliance
with § 2-2-141; and
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.