Official Summary Text
VOTING REGISTRATION FORM
Present law requires the election commission's voter registration
form to substantially adhere to certain required questions. One such question is, "Have you ever been convicted of a crime which is a felony in this state, by a court in this state, a court in another state, or a federal court?" The form then requires,
"
If the answer […
] is 'yes,' have you received a pardon or had your full rights of citizenship restored by a court for all crimes listed?" This bill revises this follow-up question to require, instead, the person to answer whether such person had rights o
f
suffrage restored as prescribed by the law of this state for each felony conviction.
SUFFRAGE
This bill deletes the present law procedures for applying for right of suffrage restoration. These deleted provisions include (i) application and eligibility
requirements, (ii) certificate of voting rights restoration form prepared by the coordinator of elections and its issuance, and (iii) persons never eligible to register to vote.
Right of Restoration
Present law authorizes a person who forfeited the ri
ght of suffrage due to conviction of a felony to register to vote and vote at any election for which the person is eligible by submitting sufficient proof to the administrator of elections in the county in which the person is seeking to register to vote t
h
at such person has met any of the following factors:
The person has been pardoned of all felonies and the person's full rights of citizenship, including the right of suffrage, have been restored.
The person's full rights of citizenship have been restored as prescribed by law.
An appellate court of competent jurisdiction has entered a final judgment reversing the person's conviction, or convictions, of all infamous crimes.
This bill deletes the second factor listed above and revises the first factor. T
he first factor, which requires the person to be pardoned of all felonies and the person's full rights of citizenship be restored, is revised to require, instead, that the person be pardoned of all felonies and the person's right of suffrage be restored a
s
prescribed by the law of this state for each felony conviction.
Governing Factors
Present law requires certain factors to govern the exercise of the right of suffrage for persons convicted of a felony. This bill removes those provisions and provides,
instead, that the following provisions govern the exercise of the right of suffrage for those persons convicted of a felony:
A person who has been convicted of a felony in this state is prohibited from registering to vote or voting at an election unless (i) the person has been pardoned by the governor and the person's right of suffrage has been restored as prescribed by state law for each felony conviction; or (ii) the person's right of suffrage has otherwise been restored as prescribed by state law for each felony conviction.
A person who has been convicted in federal court of a crime or offense which would constitute a felony under state laws, regardless of the sentence imposed, is prohibited from registering to vote or voting at an election unless (i) the person has been pardoned by the president of the United States and the person's right of suffrage has been restored as prescribed by state law for each felony conviction; or (ii) the person's right of suffrage has otherwise been restored as prescribed by state law for each felony conviction.
A person who has been convicted in another state of a crime or offense which would constitute a felony under state law, regardless of the sentence imposed, is prohibited from registering to vote or voting at an election in this state unless (i) the person has been pardoned by the governor or other appropriate authority of such other state and the person's right of suffrage has been restored as prescribed by state law for each felony conviction; or (ii) the person's right of suffrage has otherwise been restored as prescribed by state law for each felony conviction.
This bill provides that the right of suffrage is restored by operation of law on the effective date of this bill to a person who forfeited the right of s
uffrage only because of a felony conviction prior to January 15, 1973.
PROCEDURES TO RESTORE RIGHTS OF CITIZENSHIP
Present law provides different procedures for restoration of citizenship based on whether a person was convicted of a felony prior to July
2, 1986; after July 1, 1986, but before July 1, 1996; or on or after July 1, 1996. This bill removes such existing procedures and, instead, establishes the following requirements and procedures to restore rights of citizenship.
Eligibility
Except for
certain ineligible persons, this bill authorizes a person rendered infamous or deprived of rights of citizenship by the judgment of a state or federal court to seek restoration of such rights by petitioning the circuit court of the county where the petit
i
oner resides or where the conviction occurred. The rights of citizenship include the following rights: (i) the right to serve on a jury; (ii) the right of suffrage; (iii) the right to hold public office; (iv) the right to execute a fiduciary office; and
(
v) the right to possess a firearm. Such petition to restore rights of citizenship may be filed after any of the following events occur:
Receiving a pardon. However, a court does not have the jurisdiction to alter, delete, or render void special conditions of a pardon pertaining to the right of suffrage or the right to possess a firearm.
Being discharged from custody by reason of service or expiration of the maximum sentence imposed by the court for the felony.
Being granted a certificate of final discharge from supervision by the board of parole, or an equivalent discharge by another state, the federal government, or county correction authority.
Ineligibility of Suffrage Rights Restored
This bill prohibits the following persons from ever being
eligible to have the right of suffrage restored and vote in this state:
A person convicted after July 1, 1986 of first degree murder, aggravated rape, treason, or voter fraud.
A person convicted after July 1, 1996, but before July 1, 2006, of any of the offenses set out above or any other degree of murder or rape.
A person convicted on or after July 1, 2006 of (i) any of the offenses set out above, (ii) any felony bribery, felony misconduct involving public officials or employees, felony interference with government operations, or any violation containing the same elements and designated as a felony in any other state or federal court; or (iii) any sexual offense or violent sexual offense that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and in which the victim was a minor.
Paid in Full
This bill provides that a person convicted of a felony after May 18, 1981, is not eligible to have the right of suffrage
restored and vote in this state unless the person meets all of the following conditions:
All restitution has been paid to the victim or victims of the offense ordered by the court as part of the sentence.
Beginning September 1, 2010, all court costs assessed against the person at the conclusion of the person's trial have been paid, except where the court has made a finding at an evidentiary hearing that the person is indigent at the time of filing the petition for restoration of the right of suffrage.
All child support obligations are current.
Petition
This bill requires that a petition for restoration of rights of citizenship must set forth the basis for the petitioner's eligibility for restoration, including all of the following information:
A list of each state and federal felony conviction of the petitioner.
Whether the petitioner is eligible to have the right of suffrage restored as outlined above.
Whether the petitioner is prohibited from possessing a firearm.
The reasons the petitioner believes that the petitioner's citizenship rights should be restored.
Satisfactory proof, such as certified records, sworn statements, and other documents or information, necessary to demonstrate to the court that the petitioner is both eligible for and merits having rights of citizenship restored.
In order to restore the petitioner's right of suffrage, sworn statements by the petitioner demonstrating that the petitioner is eligible for restoration of the right of suffrage as outlined above.
This bill authorizes the court to require any additional proof as it deems necessary to reach a just decision on the petition.
Notice
Prior to acting on a filed petition, this bill requires the court to notify the district attorney general in whose county the pet
itioner resides and each district attorney general of the county in which each conviction occurred that a petition for restoration of rights of citizenship has been filed by the petitioner. The notice must be sent at least 30 days prior to any hearing on
or disposition of the petition. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing. The court must also notify the coordinator of elections and the attorney gene
r
al with 30 days' notice. The coordinator of elections or the attorney general, as counsel for this state, may intervene either in person or in writing for the purpose of objecting to the petitioner's eligibility for restoration of citizenship rights.
If
the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, then this bill requires the circuit court to give the notice required above to the U.S. attorney, the district attorney general in whose district the p
e
titioner is currently residing, the coordinator of elections, and the attorney general. Each such official has the same right to object to the petition as above.
Burden of Proof
This bill provides the petitioner has the burden of establishing by a pre
ponderance of the evidence that the petitioner is eligible for restoration of each of the rights of citizenship sought in the petition.
Final Order
This bill requires the court to order the restoration of the petitioner's full rights of citizenship and
send a copy of the order to the state coordinator of elections if, upon the face of the petition or after conducting a hearing, the court finds the petitioner (i) is eligible for restoration of the right of suffrage as outlined above; (ii) is not prohibi
t
ed from possessing a firearm; and (iii) merits having full citizenship rights restored.
If, upon the face of the petition or after conducting a hearing, the court does not find that the petitioner's full citizenship rights should be restored but does fin
d that one or more of the petitioner's citizenship rights should be restored, then this bill requires the court must so order. However, the court (i) must not order the restoration of the petitioner's right to possess a firearm unless the person's full r
i
ghts of citizenship are being restored and the person is not prohibited from possessing a firearm; and the court (ii) must not order the restoration of the petitioner's right of suffrage unless the court finds that the petitioner is eligible for restorati
o
n of such rights as outlined above.
If the court determines that the petitioner's right of suffrage should be restored, then this bill requires the court to direct that a copy of an order restoring the right of suffrage be sent to the state coordinator
of elections.
Costs
This bill requires that all costs for a proceeding be paid by the petitioner unless the court specifically orders otherwise.
Voter Registration Cards
This bill requires a person whose right of suffrage has been restored by order
of the court to submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections must verify with the coordinator of elections that the order was issued and, upo
n
receiving the verification, must issue the person a voter registration card entitling the person to vote.
Previous Suffrage Restorations
If a person obtained a court order prior to the effective date of this bill that restores the person's right of su
ffrage and the person submits a certified copy of the court order and a sworn statement signed by the person seeking restoration stating that the petitioner is eligible for restoration of the right of suffrage to the administrator of elections of the coun
t
y in which the person resides, then this bill requires the administrator of elections to provide a copy of the court order to the coordinator of elections within five business days. The coordinator of elections must verify the court order and, if the swo
r
n statement is accurate and the person is otherwise eligible, inform the administrator of elections that the person must be issued a voter registration card entitling the person to vote. The coordinator of elections is authorized to develop a uniform for
m
for the required sworn statement.
ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 407, AS AMENDED.
AMENDMENT #1 makes the following changes and additions to this bill and present law concerning restoration of rights of
citizenship:
(1) Removes fines from the definition of court costs for purposes of determining the costs that a person convicted of an infamous crime on or after September 1, 2010, must have paid to be eligible for restoration of the right of suffrage;
(2) Clarifies that
the
court clerk, not the court, is responsible for notifying prosecutors and others concerning the filing of a petition for restoration of citizenship rights;
(3) Clarifies that only prosecuting attorneys, not the coordinator of elect
ions, have standing to object to a petition, and adds that, if no prosecutor objects to a petition within 30 days of receipt of notice, then the court may rule on the petition without a hearing;
(4) Requires that a court must find a petitioner to be indi
gent before waiving court costs associated with the petition; and
(5) Requires the
administrative office of the courts
("AOC")
, in consultation with the
s
ecretary of state and other entities as deemed appropriate by the
AOC
,
to
develop a petition for res
toration of citizenship rights form and an order granting restoration of citizenship rights form
and to make th
e petition and order forms available to the clerks of court, the department of correction, the board of parole, the department of human services,
and online for use by the public.
Current Bill Text
Read the full stored bill text
SENATE BILL 407
By Gardenhire
HOUSE BILL 445
By Hulsey
HB0445
001192
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 2;
Title 4; Title 22; Title 36; Title 39 and Title 40,
relative to rights of citizenship.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 2-2-116, is amended by deleting
"received a pardon or had your full rights of citizenship restored by a court" and substituting
"had your right of suffrage restored as prescribed by the law of this state for each felony
conviction".
SECTION 2. Tennessee Code Annotated, Section 2-2-139, is amended by deleting
subdivision (a)(1) and substituting:
(1) The person has been pardoned of all infamous crimes and the person's right
of suffrage has been restored as prescribed by the law of this state for each felony
conviction;
SECTION 3. Tennessee Code Annotated, Section 2-2-139, is amended by deleting
subdivision (a)(2) and substituting:
(2) The person's right of suffrage has been restored as prescribed by the law of
this state for each felony conviction; or
SECTION 4. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
section and substituting:
(a) The following provisions govern the exercise of the right of suffrage for those
persons convicted of an infamous crime:
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(1) A person who has been convicted of an infamous crime, as defined
by § 40-20-112, in this state shall not register to vote or vote at an election
unless:
(A) The person has been pardoned by the governor and the
person's right of suffrage has been restored as prescribed by the law of
this state for each felony conviction; or
(B) The person's right of suffrage has otherwise been restored as
prescribed by the law of this state for each felony conviction;
(2) A person who has been convicted in federal court of a crime or
offense which would constitute an infamous crime under the laws of this state,
regardless of the sentence imposed, shall not register to vote or vote at an
election unless:
(A) The person has been pardoned by the president of the United
States and the person's right of suffrage has been restored as prescribed
by the law of this state for each felony conviction; or
(B) The person's right of suffrage has otherwise been restored as
prescribed by the law of this state for each felony conviction; and
(3) A person who has been convicted in another state of a crime or
offense which would constitute an infamous crime under the laws of this state,
regardless of the sentence imposed, shall not register to vote or vote at an
election in this state unless:
(A) The person has been pardoned by the governor or other
appropriate authority of such other state and the person's right of suffrage
has been restored as prescribed by the law of this state for each felony
conviction; or
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(B) The person's right of suffrage has otherwise been restored as
prescribed by the law of this state for each felony conviction.
(b) The right of suffrage is restored by operation of law on the effective date of
this act to a person who forfeited the right of suffrage only because of a felony conviction
prior to January 15, 1973.
SECTION 5. Tennessee Code Annotated, Section 40-29-101, is amended by deleting
the section and substituting:
As used in this part:
(1) "Citizenship rights" and "rights of citizenship" include:
(A) The right to serve on a jury;
(B) The right of suffrage;
(C) The right to hold public office;
(D) The right to execute a fiduciary office; and
(E) The right to possess a firearm;
(2) "Court costs" include fines, fees, litigation taxes, and any other costs
assessed against a defendant by the court at sentencing; and
(3) "Voter fraud" means a felony offense in title 2, chapter 19, or an
attempt, conspiracy, or solicitation to commit a felony offense in title 2, chapter
19.
SECTION 6. Tennessee Code Annotated, Section 40-29-102, is amended by deleting
the section and substituting:
(a) Except as provided in subsections (b) and (c), a person rendered infamous
or deprived of rights of citizenship by the judgment of any state or federal court is eligible
to seek restoration of rights of citizenship by petitioning the circuit court of the county
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where the petitioner resides or where the conviction for the infamous crime occurred
upon:
(1) Receiving a pardon; however, a court does not have the jurisdiction to
alter, delete, or render void special conditions of a pardon pertaining to the right
of suffrage or the right to possess a firearm;
(2) The discharge from custody by reason of service or expiration of the
maximum sentence imposed by the court for the infamous crime; or
(3) Being granted a certificate of final discharge from supervision by the
board of parole pursuant to § 40-28-609, or an equivalent discharge by another
state, the federal government, or county correction authority.
(b) The following persons shall never be eligible to have the right of suffrage
restored and vote in this state:
(1) A person convicted after July 1, 1986, of the offense of:
(A) First degree murder;
(B) Aggravated rape;
(C) Treason; or
(D) Voter fraud;
(2) A person convicted after July 1, 1996, but before July 1, 2006, of any
of the offenses set out in subdivision (b)(1) or any other degree of murder or
rape; and
(3) A person convicted on or after July 1, 2006, of:
(A) Any of the offenses set out in subdivision (b)(1) or (b)(2);
(B) Any violation of title 39, chapter 16, part 1, 4, or 5 designated
as a felony or any violation containing the same elements and designated
as a felony in any other state or federal court; or
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(C) Any sexual offense or violent sexual offense set out in § 40-
39-202 that is designated as a felony or any violation containing the same
elements and designated as a felony in any other state or federal court
and in which the victim was a minor.
(c) A person convicted of an infamous crime after May 18, 1981, is not eligible to
have the right of suffrage restored and vote in this state unless the person:
(1) Has paid all restitution to the victim or victims of the offense ordered
by the court as part of the sentence;
(2) Beginning September 1, 2010, has paid all court costs assessed
against the person at the conclusion of the person's trial, except where the court
has made a finding at an evidentiary hearing that the person is indigent at the
time of filing the petition for restoration of the right of suffrage; and
(3) Is current in all child support obligations.
SECTION 7. Tennessee Code Annotated, Section 40-29-103, is amended by deleting
the section and substituting:
(a) A petition for restoration of rights of citizenship must:
(1) Set forth the basis for the petitioner's eligibility for restoration,
including:
(A) A list of each state and federal felony conviction of the
petitioner;
(B) Whether the petitioner is eligible to have the right of suffrage
restored under § 40-29-102(b) and (c); and
(C) Whether the petitioner is prohibited from possessing a firearm
under § 39-17-1307(b), (f)(1), (h)(1)(D), (i), or (j);
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(2) State the reasons the petitioner believes that the petitioner's
citizenship rights should be restored;
(3) Be accompanied by satisfactory proof, such as certified records,
sworn statements, and other documents or information, necessary to
demonstrate to the court that the petitioner is both eligible for and merits having
rights of citizenship restored; and
(4) In order to restore the petitioner's right of suffrage, include sworn
statements by the petitioner demonstrating that the petitioner is eligible for
restoration of the right of suffrage under § 40-29-102(b) and (c).
(b) The court may require any additional proof as it deems necessary to reach a
just decision on the petition.
(c)
(1) Prior to acting on a petition filed pursuant to this part, the court shall
notify:
(A) The district attorney general in whose county the petitioner
resides and each district attorney general of the county in which each
conviction occurred that a petition for restoration of rights of citizenship
has been filed by the petitioner. The notice must be sent at least thirty
(30) days prior to any hearing on or disposition of the petition. Each
district attorney general so notified may object to the restoration of the
petitioner's citizenship rights either in person or in writing; and
(B) The coordinator of elections and the attorney general and
reporter. The notice must be sent at least thirty (30) days prior to any
hearing on or disposition of the petition. The coordinator of elections or
the attorney general and reporter, as counsel for this state, may intervene
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either in person or in writing for the purpose of objecting to the petitioner's
eligibility for restoration of citizenship rights.
(2) If the petitioner was rendered infamous or deprived of citizenship
rights by judgment of a federal court, then the circuit court shall give the notice
required in subdivision (c)(1) to the United States attorney, the district attorney
general in whose district the petitioner is currently residing, the coordinator of
elections, and the attorney general and reporter. Each such official has the same
right to object to the petition as is provided in subdivision (c)(1).
(d) The petitioner has the burden of establishing by a preponderance of the
evidence that the petitioner is eligible for restoration of each of the rights of citizenship
sought in the petition.
(e)
(1) The court shall order the restoration of the petitioner's full rights of
citizenship and send a copy of the order to the state coordinator of elections if,
upon the face of the petition or after conducting a hearing, the court finds:
(A) The petitioner is eligible for restoration of the right of suffrage
under § 40-29-102(b) and (c);
(B) The petitioner is not prohibited from possessing a firearm
under § 39-17-1307(b), (f)(1), (h)(1)(D), (i), or (j); and
(C) The petitioner merits having full citizenship rights restored; or
(2)
(A) If, upon the face of the petition or after conducting a hearing,
the court does not find that the petitioner's full citizenship rights should be
restored but does find that one (1) or more of the petitioner's citizenship
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rights should be restored, then the court shall so order; provided,
however, that:
(i) The court shall not order the restoration of the
petitioner's right to possess a firearm unless the person's full rights
of citizenship are being restored and the person is not prohibited
from possessing a firearm under § 39-17-1307(b), (f)(1), (h)(1)(D),
(i), or (j); and
(ii) The court shall not order the restoration of the
petitioner's right of suffrage unless the court finds that the
petitioner is eligible for restoration of the right of suffrage under §
40-29-102(b) and (c).
(B) If the court determines that the petitioner's right of suffrage
should be restored, then the court shall direct that a copy of an order
restoring the right of suffrage be sent to the state coordinator of elections.
(f) All costs for a proceeding under this part must be paid by the petitioner unless
the court specifically orders otherwise.
(g) A person whose right of suffrage has been restored by order of the court
pursuant to this section shall submit a certified copy of the order to the administrator of
elections of the county in which the person is eligible to vote. The administrator of
elections shall verify with the coordinator of elections that the order was issued and,
upon receiving the verification, shall issue the person a voter registration card entitling
the person to vote.
(h) If a person obtained a court order prior to the effective date of this act that
restores the person's right of suffrage and the person submits a certified copy of the
court order and a sworn statement signed by the person seeking restoration stating that
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the petitioner is eligible for restoration of the right of suffrage under § 40-29-102(c) to the
administrator of elections of the county in which the person resides, then the
administrator of elections shall provide a copy of the court order to the coordinator of
elections within five (5) business days. The coordinator of elections shall verify the court
order and, if the sworn statement is accurate and the person is otherwise eligible, inform
the administrator of elections that the person must be issued a voter registration card
entitling the person to vote. The coordinator of elections is authorized to develop a
uniform form for the sworn statement required by this subsection (h).
SECTION 8. Tennessee Code Annotated, Section 40-29-104, is amended by deleting
the section.
SECTION 9. Tennessee Code Annotated, Section 40-29-105, is amended by deleting
the section.
SECTION 10. Tennessee Code Annotated, Title 40, Chapter 29, is amended by
deleting Part 2.
SECTION 11. Tennessee Code Annotated, Section 40-20-114(b), is amended by
deleting "§ 40-29-105" and substituting "§ 40-29-103".
SECTION 12. This act takes effect upon becoming a law, the public welfare requiring it.