Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0594 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 616
3	3	By Hardaway
4	4
5	5	SENATE BILL 594
6	6	By Kyle
7	7
8	8
9	9	SB0594
10	10	000611
11	11	- 1 -
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13	13	AN ACT to amend Tennessee Code Annotated, Title 2 and
14	14	Title 40, relative to restoration of citizenship rights.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Section 2-2-102, is amended by deleting
18	18	subsection (a) and substituting:
19	19	(a) A citizen of the United States eighteen (18) years of age or older who is a
20	20	resident of this state is a qualified voter unless the citizen is:
21	21	(1) Disqualified under this title;
22	22	(2) Currently imprisoned in a penal institution, on probation, or on parole
23	23	for a judgment of infamy; or
24	24	(3) A person described in § 40-29-204.
25	25	SECTION 2. Tennessee Code Annotated, Section 2-2-116, is amended by deleting the
26	26	language "If the answer to question ten (10) is “yes,” have you received a pardon or had your
27	27	full rights of citizenship restored by a court for all crimes listed?" and substituting:
28	28	If the answer to question ten (10) is "yes," have you received a pardon, had your full
29	29	rights of citizenship restored by a court, or completed any sentence of incarceration,
30	30	probation, or parole for all crimes listed?
31	31	SECTION 3. Tennessee Code Annotated, Section 2-2-139(a), is amended by adding
32	32	the following new subdivision:
33	33	(4) The person's right of suffrage has been restored due to the expiration of the
34	34	sentence imposed for the infamous crime.
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39	39	SECTION 4. Tennessee Code Annotated, Section 2-2-139(b), is amended by deleting
40	40	the subsection and substituting:
41	41	(b)
42	42	(1) For purposes of this section, the following document is sufficient proof
43	43	to the administrator that the person fulfills the above requirements as to the
44	44	offense or offenses specified:
45	45	(A) A pardon;
46	46	(B) A certified copy of a judgment of a court of competent
47	47	jurisdiction; or
48	48	(C) A certificate of voting rights restoration, upon a form
49	49	prescribed by the coordinator of elections, issued by:
50	50	(i) The warden or an agent or officer of the incarcerating
51	51	authority; or
52	52	(ii) A parole officer, probation officer, or another agent or
53	53	officer of the supervising authority.
54	54	(2) Notwithstanding subdivision (b)(1), before allowing a person
55	55	convicted of an infamous crime to become a registered voter, the administrator in
56	56	each county shall verify with the state coordinator of elections that the person is
57	57	eligible to register under this section.
58	58	SECTION 5. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
59	59	section and substituting:
60	60	The following provisions govern the exercise of the right of suffrage for those
61	61	persons convicted of an infamous crime:
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66	66	(1) A person who has been convicted of an infamous crime, as defined
67	67	by § 40-20-112, in this state shall not be permitted to register to vote or vote at
68	68	any election unless:
69	69	(A) The person has been pardoned by the governor. However,
70	70	the governor may attach to any such pardon a special condition that such
71	71	person shall not have the right of suffrage until a date certain in the future,
72	72	or until the expiration of the pardoned sentence, whichever period of time
73	73	is less;
74	74	(B) The person's full rights of citizenship have been restored as
75	75	prescribed by law; or
76	76	(C) The person's right of suffrage has been restored due to the
77	77	expiration of the sentence imposed for the infamous crime;
78	78	(2) A person who has been convicted in federal court of a crime or
79	79	offense which would constitute an infamous crime under the laws of this state,
80	80	regardless of the sentence imposed, shall not be allowed to register to vote or
81	81	vote at any election unless:
82	82	(A) The person has been pardoned or restored to the full rights of
83	83	citizenship by the president of the United States;
84	84	(B) The person's full rights of citizenship have otherwise been
85	85	restored in accordance with federal law or the law of this state; or
86	86	(C) The person's right of suffrage has been restored due to the
87	87	expiration of the sentence imposed for the infamous crime;
88	88	(3) A person who has been convicted in another state of a crime or
89	89	offense which would constitute an infamous crime under the laws of this state,
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94	94	regardless of the sentence imposed, shall not be allowed to register to vote or
95	95	vote at any election in this state unless:
96	96	(A) The person has been pardoned or restored to the rights of
97	97	citizenship by the governor or other appropriate authority of such other
98	98	state;
99	99	(B) The person's full rights of citizenship have otherwise been
100	100	restored in accordance with the laws of such other state, or the law of this
101	101	state; or
102	102	(C) The person's right of suffrage has been restored due to the
103	103	expiration of the sentence imposed for the infamous crime; and
104	104	(4) The provisions of this section, relative to the forfeiture and restoration
105	105	of the right of suffrage for those persons convicted of infamous crimes, also apply
106	106	to those persons convicted of crimes prior to May 18, 1981, which are infamous
107	107	crimes after May 18, 1981.
108	108	SECTION 6. Tennessee Code Annotated, Section 40-29-101, is amended by deleting
109	109	subsection (c) and substituting:
110	110	(c) A person convicted of an infamous crime may petition for restoration of full
111	111	rights of citizenship upon the expiration of the sentence imposed for the infamous crime.
112	112	(d) Except as provided in § 40-29-204, a conviction for an infamous crime
113	113	renders a person ineligible to vote only while the person is currently imprisoned in a
114	114	penal institution, serving parole, or on probation for that conviction.
115	115	SECTION 7. Tennessee Code Annotated, Section 40-29-105(b)(2), is amended by
116	116	deleting the subdivision and substituting:
117	117	(2) A conviction for an infamous crime renders a person ineligible to vote only
118	118	while the person is currently imprisoned in a penal institution, on parole, or on probation
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123	123	for that conviction; except that a person rendered infamous after July 1, 1986, by virtue
124	124	of being convicted of one (1) of the following crimes, shall never be eligible to register
125	125	and vote in this state:
126	126	(A) First degree murder;
127	127	(B) Aggravated rape;
128	128	(C) Treason; or
129	129	(D) Voter fraud;
130	130	SECTION 8. Tennessee Code Annotated, Section 40-29-202, is amended by deleting
131	131	the section and substituting instead the following:
132	132	(a) A person convicted of an infamous crime is rendered ineligible to vote only
133	133	while imprisoned in a penal institution, on parole, or on probation for that conviction;
134	134	except that those persons described in § 40-29-204 shall never be eligible to vote in this
135	135	state.
136	136	(b) The right of suffrage for any person, including those rendered infamous and
137	137	temporarily deprived of suffrage due to incarceration, probation, or parole for that
138	138	conviction, shall not be further infringed or denied due to the inability or failure to pay any
139	139	monetary obligations, including, but not limited to, civil or criminal penalties, restitution,
140	140	court costs, or child support.
141	141	SECTION 9. Tennessee Code Annotated, Section 40-29-203, is amended by deleting
142	142	the section and substituting instead the following:
143	143	(a) A person convicted of an infamous crime who becomes eligible to vote
144	144	pursuant to § 40-29-202 upon completion of the person's sentence shall be issued a
145	145	certificate of voting rights restoration upon a form prescribed by the coordinator of
146	146	elections, by:
147	147	(1) The pardoning authority;
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149	149
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151	151
152	152	(2) The warden or an agent or officer of the incarcerating authority; or
153	153	(3) A parole officer, probation officer, or another agent or officer of the
154	154	supervising authority.
155	155	(b) The issuing authority shall supply the person being released with a written
156	156	statement explaining the purpose and effect of the certificate of voting rights restoration
157	157	and explaining the procedure by which the person may use the certificate to apply for
158	158	and receive a voter registration card.
159	159	(c) A certificate of voting rights restoration issued pursuant to subsection (a) is
160	160	sufficient proof that the person named on the certificate is no longer disqualified from
161	161	voting by reason of having been convicted of an infamous crime.
162	162	(d) A person issued a certificate of voting rights restoration pursuant to this
163	163	section may submit the completed certificate to the administrator of elections of the
164	164	county in which the person is eligible to vote as sufficient proof of rights restoration. If
165	165	submitted, then the administrator of elections shall send the certificate to the coordinator
166	166	of elections who shall verify that the certificate was issued in compliance with this
167	167	section. Upon determining that the certificate complies with this section, the coordinator
168	168	shall notify the appropriate administrator of elections and, after determining that the
169	169	person is qualified to vote in that county by using the same verification procedure used
170	170	for any applicant, the administrator shall grant the application for a voter registration
171	171	card. The administrator shall issue a voter registration card and the card shall be mailed
172	172	to the applicant in the same manner as provided for any newly issued card.
173	173	(e) A person who does not submit a certificate of voting rights restoration as
174	174	outlined in subsection (d) shall not be denied a voter registration card due to absence of
175	175	the certificate. A voter registration form submitted by such person, absent a rights
176	176	restoration certificate, shall be reviewed by the appropriate administrator of elections
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181	181	who will verify with the secretary of state that the person is eligible to register. If the
182	182	administrator of elections determines that the person may register, then the
183	183	administrator of elections shall use the same verification procedure used for any
184	184	applicant and grant the application for a voter registration card if appropriate.
185	185	(f) The department of correction shall communicate at least twice monthly to the
186	186	secretary of state a list of those newly eligible persons described in § 40-29-202 to
187	187	include the name, date of birth, and social security number to enable voter registration
188	188	upon application as described in subsection (e). The secretary of state shall
189	189	communicate the eligibility with the appropriate administrator of elections as described in
190	190	subsection (e).
191	191	SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.