Election Laws

Plain English Breakdown

The bill summary does not provide specific details on the costs or effectiveness of these measures.

Tennessee Election Law Changes

This bill requires voters to provide proof of U.S. citizenship when registering and mandates monthly checks by election officials to verify voter databases against other government records.

What This Bill Does

• Requires voters to submit proof of U.S. citizenship when registering to vote.
• Directs the state coordinator of elections to compare the statewide voter registration database with relevant federal and state agency databases monthly to ensure non-U.S. citizens are not registered to vote.
• Ensures that the citizenship of registered voters is verified before early voting starts.
• Notifies voters if there is evidence they may not be U.S. citizens, requiring them to provide proof within 30 days or face voter registration removal.
• Establishes an appeal process for those whose registrations are challenged due to lack of proof of citizenship.

Who It Names or Affects

• People registering to vote in Tennessee
• County election commissions responsible for verifying voter eligibility

Terms To Know

SAVE program database

A federal system used by states to verify the citizenship status of individuals.

Provisional ballot

A temporary ballot given to voters whose eligibility is in question, which can only be counted after their eligibility is confirmed.

Limits and Unknowns

• The bill does not specify the consequences if a voter fails to respond to the notice about citizenship status.
• It's unclear how much it will cost local governments to implement these changes.
• The effectiveness of these measures in preventing non-citizens from voting is uncertain.

Official Summary Text

This bill requires a person registering to vote in this state to 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 citizenshi
p must be an original or a true and correct copy of any of the following documents:



The voter's birth certificate or a legible photocopy of the voter's birth certificate;


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;


The voter's United States naturalization documentation or a legible photocopy of the voter's United States naturalization documentation; or


A document or method of proof of citizenship established by the federal Immigration Reform and Control Act of 1986.

CHECKING STATEWIDE VOTER REGISTRATIONS FOR NON-CITIZENS

This bill requires the coordinator of elections to compare monthly the statewide voter registration databa
se 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.

VERIFICATION BEFORE EARLY V
OTING

This bill provides that the coordinator of elections must 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 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.

EVIDENCE A VOTER IS NOT A CITIZEN
–
NOTI
CE TO VOTER

Under this bill, if sufficient evidence exists that a particular registered voter is not a citizen of the United States, then the coordinator of elections must notify both the state election commission and the county election commission of th
e 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.

This bill provides that, no later than five business days
after receiving such notice, the county election commission must send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. The county election commission must send the notice to the address at which the

voter is registered, by certified mail, return receipt requested.

This bill provides that 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 state election laws. If the county election commission does not receive the return receipt within five business days after the date the notice is postmarked, then the voter is deemed to have received the notice at such time.

PROOF OF CI
TIZENSHIP UPON RECEIPT OF NOTICE
–
PURGE OF VOTER

This bill requires a registered voter who receives such a notice pursuant to this bill, to, no later than 30 days after the receipt of such notice, provide proof of citizenship to the county election comm
ission. Proof of citizenship includes a true or original copy of the documents listed under this bill. If a notice sent by a county election commission to a voter under this bill is returned as undeliverable, or if the registered voter or person who res
p
onds to the notice does not provide proof of citizenship to the county election commission during the period as specified under this bill, then the administrator of elections of the county where the person is registered to vote must purge the voter from t
h
e voter registration database, but must permanently maintain the person's registration and voting history. In such an event, the person may appeal to the state election commission and submit additional documentation in person or in writing that the perso
n
contends constitutes proof of citizenship.

APPEAL PROCESS FOR VOTERS PURGED

This bill requires an appeal to the state election commission for the purge of a voter from the voter registration database under this bill to be conducted in the following man
ner:

(1) The voter must notify the county administrator of elections and the state election commission of the appeal no later than 14 days after the county election commission has determined that the voter failed to provide satisfactory proof of citizen
ship. If the voter provides timely notice of appeal, then the county administrator of elections must not purge the voter from the voter 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 must conduct a hearing at which the voter must appear in person or by means o
f 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 relevant administrative state laws;

(4) The state election commission must then enter an order de
termining 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 must forward a copy of the order to the administrat
o
r 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, then the county administrator of elections must purge the person from the records of registered voters and must permanently maintain the person's registration and voting history. If the state election commission d
e
termines that the person is a United States citizen and qualified to vote in this state, then the county administrator of elections must restore the voter to the database of registered voters.

CONFIDENTIALITY OF RECORDS
–
REPORTING WHERE NECESSARY

This
bill provides that, except as provided in this bill 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, relevan
t
federal and state agency records, and county records, are confidential and not available for inspection by the public; so long as such an order finding that a person who registered to vote is not a United States citizen is a public record. The coordinat
o
r of elections must 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.

VOTER REGISTRATION APPLICATIONS THROUGH THE DE
PARTMENT

This bill requires voter registration sections of an application through the department of safety to include a statement that specifies each eligibility requirement for voting, as set forth under state election law, including an attestation that
the applicant meets each such requirement, including citizenship and the validity of the applicant's social security number, and the signature of the applicant under penalty of perjury. This bill further requires the voter registration section be made a
v
ailable by the department to the appropriate county election commission office and the coordinator of elections for purposes of ensuring compliance with state law.

Current Bill Text

SENATE BILL 348
By Hensley

HOUSE BILL 202
By Keisling

HB0202
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.