Election Laws

Plain English Breakdown

The bill summary and text did not include details about verifying felony convictions in relation to voting eligibility.

Election Eligibility Verification Act

This act requires the creation of secure electronic portals to verify voter eligibility based on citizenship status before processing registration applications.

What This Bill Does

• Requires the coordinator of elections, in collaboration with the department of safety, to create a secure, electronic portal by January 1, 2028, for verifying if an applicant is not a U.S. citizen before they can register to vote.
• Allows temporary alternative methods for verification when the portals are not available or functioning properly.
• Ensures that county administrators provide written notice to applicants who have their registration applications rejected based on information from these portals, informing them about their right to appeal.

Who It Names or Affects

• County election administrators and voters applying to register to vote in Tennessee.

Terms To Know

Felony conviction

A serious crime that can result in a prison sentence of more than one year or death.

Limits and Unknowns

• The bill does not specify what happens if a person's citizenship status cannot be verified through the portal.
• It is unclear how much of the development costs will be covered by federal grants and when these funds might become available.

Official Summary Text

CITIZENSHIP VERIFICATION

By January 1, 2028, this bill requires the coordinator of elections, in collaborat
ion with the department of safety ("department"), to create a secure, electronic portal through which each county administrator of elections may access information to verify, prior to processing an applicant's application to register to vote, whether the
a
pplicant is a non-United States citizen based upon records on file. To meet the deadline, the coordinator of elections and department must accomplish all of the following:



Identify the parameters of information of an applicant to register to vote that may be submitted and received through the portal by an administrator.



Ensure that, upon submission of such information, the administrator receives accurate and current information regarding the citizenship status of the applicant on file with the department without undue delay.



Ensure that the portal has the capacity to respond to a high volume of daily submissions by administrators.

This bill authorizes the coordinator of elections and department to develop a temporary alternative method for the verific
ation of citizenship by an administrator in the event that the portal is offline, inaccessible, malfunctioning, or undergoing maintenance.

This bill provides that if a county administrator rejects an application based upon information received through th
e portal, the administrator must provide written notice to the applicant of the applicant's right to appeal the decision.

FELONY CONVICTION VERIFICATION

By January 1, 2028, this bill requires the coordinator of elections, in collaboration with the Tenne
ssee bureau of investigation (TBI), to meet all of the same requirements listed above in order to create a secure, electronic portal through which each county administrator of elections may access information to verify, prior to processing an applicant's
a
pplication to register to vote, whether the applicant is ineligible to vote based upon records on file as the result of a felony conviction, or alternatively, whether an applicant who has been convicted of a felony is eligible to vote as the result of exp
u
nction.

RIGHT TO APPEAL

Present law provides that if the administrator of elections determines that a registrant is not entitled to be registered, then the administrator must tell the registrant that the registrant has a right to appeal the decision
to the election commission within 10 days and offer the registrant an appeal form. This bill requires the administrator to provide written notice to the registrant that the registrant has a right to such an appeal within 10 days from the date the notice
w
as sent. The administrator must include with such notice an appeal form.

IDENTIFICATION FOR VOTING

For purposes of verifying a person's identity on an application for ballot, present law requires a person to provide evidence of identification to the pr
ecinct registrar. Various forms of identification must be accepted by the registrar, including driver licenses of this state, not distinguishing between permanent or temporary licenses. This bill excludes temporary driver licenses of this state.

TEMPORA
RY DRIVER LICENSES

Present law prohibits the department from issuing a driver license to certain ineligible persons, including a person who is not a United States citizen or lawful permanent resident of the United States. This bill revises this provisio
n to also make a lawful permanent resident of the United States ineligible for a driver license.

Present law authorizes the department to issue a temporary driver license, temporary intermediate driver license, temporary photo identification license, or
a temporary learner permit to persons whose presence in the United States has been authorized by the federal government for a specific purpose and for a specified period of authorized stay. The temporary driver license or photo identification license is
v
alid only during the period of time of the applicant's authorized stay in the United States and no temporary license or photo identification license may be issued for a period of longer than eight years. This bill requires that such a temporary driver li
c
ense, temporary photo identification license, or temporary permit include a visually distinctive font or color for the class designation on the face of the license to distinguish the temporary license from the license issued to United States citizens that

may be used as photo identification for voting purposes.

On or after January 1, 2026, if a lawful permanent resident renews or reinstates a driver license, permit, or photo identification license, this bill requires such resident to provide proof of Unit
ed States citizenship to maintain the driver license, permit, or photo identification license. If such proof of citizenship is not provided, then the person must be issued a temporary driver license, temporary permit, or temporary photo identification li
c
ense. However, a person who becomes a United States citizen may provide proof of such citizenship to the department at any time to receive a license.

ON APRIL 21, 2025, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 69, AS AMENDED.

AMEND
MENT #1 makes the following revisions:



Revises
the provision describing what the portal should be able to do to, instead, require the portal to verify whether the applicant is
ineligible to vote based upon records on file as the result of a Tennessee felony conviction, or alternatively, whether a person is eligible to vote.



Adds that a
ny county administrator who accesses the portal for a purpose other than verifying a person's eligibility to register to vote or to vote
must
lose access to the portal. In consultation with the coordinator of elections, access may be reinstated at the discretion of the
Tennessee
bureau
of investigation
.



Removes the provisions described in the summary under the headings "Identification for Voting" and "Temporary Driver Licenses."



Requires
the
Tennessee
bureau
of investigation to
share expunged information with the coordinator of elections, upon request, for the purposes of determining a person's eligibility to register to vote or to vote.

AMENDMENT #2 revises the provisions of this bill concerning creation of the electronic portal.
Th
is amendment requires the
coordinator of elections, in collaboration with the department of safety, prior to January 1, 2028,
to
create a secure, electronic p
ortal through which each county administrator of elections may access information to verify, prior to processing an applicant's application to register to vote, whether the applicant is a United States citizen based upon records on file at the time of iss
u
ance of the most recent driver license or identification card or other credential from the department of safety.

In order to create the portal
, this amendment requires
the coordinator of elections and the department
to
enter into an agreement that includ
es:

(1) The necessary information an administrator must submit through the portal for an applicant registering to vote in order to ensure that only the correct applicant's information is produced;

(2) The parameters of information of an applicant that
will be produced to the administrator;

(3) Any temporary alternative method for the verification of citizenship by an administrator in the event that the portal is offline, inaccessible, malfunctioning, or undergoing maintenance;

(4) Circumstances tha
t constitute misuse of the portal; and

(5) Penalties for misuse of the portal or information from the portal.

This amendment designates i
nformation sent and received through the portal
as
confidential and not available for
public
inspection.

This ame
ndment makes this bill contingent on obtaining
federal grant funding
to pay this bill's costs
.

Current Bill Text

SENATE BILL 133
By Johnson

HOUSE BILL 69
By Lamberth

HB0069
001317
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 2;
Title 4; Title 38; Title 39; Title 41 and Title 55,
relative to determining voter eligibility.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 2, Chapter 2, is amended by creating
the following as a new part:
Part 4. Verification of Voter Eligibility
2-2-401. Verification of eligibility to vote based upon United States citizenship.
(a) The coordinator of elections, in collaboration with the department of safety,
shall, prior to January 1, 2028, create a secure, electronic portal through which each
county administrator of elections may access information to verify, prior to processing an
applicant's application to register to vote, whether the applicant is a non-United States
citizen based upon records on file.
(b) In carrying out subsection (a), the coordinator of elections and department:
(1) Shall identify the parameters of information of an applicant to register
to vote that may be submitted and received through the portal by an
administrator;
(2) Shall ensure that, upon submission of such information by an
administrator, the administrator receives accurate and current information
regarding the citizenship status of the applicant on file with the department
without undue delay;

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(3) Shall ensure that the portal has the capacity to respond to a high
volume of daily submissions of applicant information by administrators across
this state as specified by the coordinator of elections; and
(4) May develop a temporary alternative method for the verification of
citizenship by an administrator in the event that the portal is offline, inaccessible,
malfunctioning, or undergoing maintenance.
(c) If a county administrator rejects an application based upon information
received pursuant to this section, the administrator shall provide written notice to the
applicant of the applicant's right to appeal the decision in accordance with § 2-2-125.
2-2-402. Verification of eligibility to vote based upon felony conviction.
(a) The coordinator of elections, in collaboration with the Tennessee bureau of
investigation (TBI), shall, prior to January 1, 2028, create a secure, electronic portal
through which each county administrator of elections may access information to verify,
prior to processing an applicant's application to register to vote, whether the applicant is
ineligible to vote based upon records on file as the result of a felony conviction, or
alternatively, whether an applicant who has been convicted of a felony is eligible to vote
as the result of expunction.
(b) In carrying out subsection (a), the coordinator of elections and TBI:
(1) Shall identify the parameters of information of an applicant to register
to vote that may be submitted and received through the portal by an
administrator;
(2) Shall ensure that, upon submission of such information by an
administrator, the administrator receives accurate and current information
regarding the eligibility status of the applicant without undue delay;

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(3) Shall ensure that the portal has the capacity to respond to a high
volume of daily submissions of applicant information by administrators across
this state as specified by the coordinator of elections; and
(4) May develop a temporary alternative method for the verification of
eligibility by an administrator in the event that the portal is offline, inaccessible,
malfunctioning, or undergoing maintenance.
(c) If a county administrator rejects an application based upon information
received pursuant to this section, the administrator shall provide written notice to the
applicant of the applicant's right to appeal the decision in accordance with § 2-2-125.
2-2-403. Severability.
If a provision of this part or its application to a person or circumstance is held
invalid, then the invalidity does not affect other provisions or applications of the part that
can be given effect without the invalid provision or application, and to that end, the
provisions of this part are severable.
SECTION 2. Tennessee Code Annotated, Section 2-2-125, is amended by deleting
subsection (b) and substituting instead the following:
(b) The administrator shall provide written notice to the registrant that the
registrant has a right to appeal the decision to the commission within ten (10) days from
the date the notice was sent. The administrator shall include with such notice an appeal
form.
SECTION 3. Tennessee Code Annotated, Section 2-7-112(c)(1), is amended by adding
the language "that is not a temporary driver license" immediately after the language "Tennessee
driver license".
SECTION 4. Tennessee Code Annotated, Section 55-50-303(a)(9), is amended by
deleting the following language:

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To any person who is not a United States citizen or lawful permanent resident of
the United States.
and substituting instead the following:
To any person who is not a United States citizen.
SECTION 5. Tennessee Code Annotated, Section 55-50-321(c)(1)(C), is amended by
deleting the subdivision and substituting instead the following:
(C) Any applicant applying for a driver license, instruction permit, intermediate
driver license, or photo identification license, upon initial issuance or reinstatement, shall
provide either an original or certified copy of documentation that the applicant is a citizen
of the United States.
SECTION 6. Tennessee Code Annotated, Section 55-50-321(i)(1), is amended by
deleting the subdivision and substituting instead the following:
(1) Any person presenting a driver license from a state that issues driver
licenses to illegal aliens for the purposes of obtaining a Tennessee driver license is
required to establish proof of United States citizenship, or, in the case of a temporary
driver license, either lawful permanent resident status or a specified period of authorized
stay in the United States.
SECTION 7. Tennessee Code Annotated, Section 55-50-331(g), is amended by
deleting the subsection and substituting instead the following:
(1) Notwithstanding another law to the contrary, the department may issue a
temporary driver license, temporary intermediate driver license, temporary photo
identification license, or temporary learner permit to lawful permanent residents of the
United States or to persons whose presence in the United States has been authorized
by the federal government for a specific purpose and for a specified period of authorized
stay.

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(2) The temporary driver license or photo identification license is valid only
during the period of time of the applicant's authorized stay in the United States or the
valid period of the applicant's lawful permanent resident card; provided, however, that a
temporary license or photo identification license must not be issued for a period longer
than eight (8) years.
(3) A temporary driver license, temporary photo identification license, or
temporary permit must include a visually distinctive font or color for the class designation
on the face of the license to distinguish the temporary license from the license issued to
United States citizens under § 55-50-303(a)(9) that are used as a photo identification for
voting purposes.
(4) A lawful permanent resident who renews or reinstates a driver license,
permit, or photo identification license on or after January 1, 2026, must provide proof of
United States citizenship to maintain the driver license, permit, or photo identification
license. If such proof of citizenship is not provided, then the person must be issued a
temporary driver license, temporary permit, or temporary photo identification license
pursuant to this section.
(5) A person who becomes a United States citizen may provide proof of such
citizenship to the department at any time to receive a license under § 55-50-303(a)(9).
SECTION 8. Tennessee Code Annotated, Section 55-50-102(56), is amended by
adding the language "except for an individual who is a lawful permanent resident," immediately
before the language "if there is no definite end".
SECTION 9. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.

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SECTION 10. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 11. Sections 1, 2, and 9 of this act take effect upon becoming a law, the
public welfare requiring it. For purposes of promulgating rules and forms and redesigning
licenses and permits, if applicable, all remaining sections of this act take effect upon becoming a
law, the public welfare requiring it. For all other purposes, all remaining sections of this act take
effect January 1, 2026, the public welfare requiring it.