Criminal Procedure

Plain English Breakdown

The official source material does not provide specific details about simplifying the process of proving eligibility to vote, beyond adding new ways to obtain proof such as certificates from prison officials or parole officers.

Restoration of Voting Rights for People with Felony Convictions

This bill changes Tennessee's laws to allow people who have completed their sentences for felony convictions to regain the right to vote, and it simplifies the process for them to do so.

What This Bill Does

• Changes the law so that a person can vote again after finishing their sentence for an infamous crime (like murder or rape).
• Adds new ways for people who have completed their sentences to prove they are eligible to vote, such as getting a certificate from prison officials or parole officers.
• Updates voter registration forms to ask if someone has finished serving time for any crimes listed on the form.

Who It Names or Affects

• People with felony convictions in Tennessee who have completed their sentences and want to regain voting rights.

Terms To Know

infamous crime

A serious criminal offense, like murder or rape, that can result in the loss of certain rights, including the right to vote.

sentence

The punishment given by a court for someone who has been found guilty of a crime.

Limits and Unknowns

• People convicted of specific crimes like voter fraud or murder after certain dates are still not allowed to vote.
• The bill does not change the rules about voting eligibility for people currently in prison, on parole, or on probation.

Official Summary Text

QU
ALIFIED VOTER

Present law provides that a
citizen of the United States
18
or older who is a resident of this state is a qualified voter unless the citizen is disqualified under
voting laws
or a judgment of infamy
upon conviction of a felony
.
This bill r
evises the present law so that a qualified voter becomes disqualified only if the citizen is:



D
isqualified under voting laws
.



Currently imprisoned in a penal institution, on probation, or on parole for a judgment of infamy
.



N
ever eligible to register and vote in this state.

Present law prohibits the following people from ever being eligible to register and vote in this state:



Those convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape
.



Those 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
.



Those convicted on or after July 1, 2006, of (i) any of the offenses set out above, (ii) any violation of bribery, misconduct involving public officials and employees, or interference with government operation, designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or
(iii) a
ny sexual offense
or
violent sexual offense
that
is designated as a felony
.

VOTER REGISTRATION FORM

Present law requires certain questions to be asked on a voter registration form, including: "
Have you ever been convicted of a crime which is a felony in this state, by a c
ourt in this state, a court in another state, or a federal court?
" If the answer is "yes," the form must ask: "…

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 additionally ask whether the person completed
any sentence of incarceration, probation, or parole for all crimes listed
.

RESTORATION OF SUFFRAGE RIGHTS

Restoration Eligibility

Present law authorizes a
ny person who has forfeited the
right of suffrage because of conviction of an infamous crime
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 regi
ster to vote, that
one of the following factors is met:



The person has been pardoned of all infamous crimes 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 adds to the list that t
he person's right of suffrage has be
en restored due to the expiration of the sentence imposed for the infamous crime.

Sufficient Proof

Present law requires that
a pardon or a certified copy of a judgment of a court of competent jurisdiction be sufficient proof to the administrator
that the person fulfills the above requirements as to the offense or offenses specified on the pardon or judgment
. H
owever, before allowing a person convicted of an infamous crime to become a registered voter, it
is
the duty of the administrator in each c
ounty to verify with the state coordinator of elections that the person is eligible to register.
This bill revises the present law to require, instead, that the
following document
s

are
sufficient proof to the administrator that the person fulfills the abo
ve
-stated
requirements as to the offense or offenses specified:



A pardon
.



A certified copy of a judgment of a court of competent jurisdiction
.



A certificate of voting rights restoration, upon a form prescribed by the coordinator of elections, issued by
(i) t
he warden or an agent or officer of the incarcerating authority; or
(ii)
a parole officer, probation officer, or another agent or officer of the supervising authority.

B
efore allowing a person convicted of an infamous crime to become a registered
voter,
this bill still requires
the administrator in each county
to
verify with the state coordinator of elections that the person is eligible to register.

Timeline for Applying for Such Proof

Present law authorizes such p
ersons rendered infamous or de
prived of the rights of citizenship by the judgment of any state or federal court
to
have their full rights of citizenship restored by the circuit court.
T
hose convicted of an infamous crime may petition for restoration upon the expiration of the maximum
sentence imposed for the infamous crime.
This bill revises such timeline for a
person convicted of an infamous crime
so that they may
petition for restoration of full rights of citizenship upon the expiration of the sentence imposed for the infamous crime
, as opposed to the maximum sentence imposed. This bill also adds, e
xcept
for those persons never eligible to register to vote
, a conviction for an infamous crime renders a person ineligible to vote only while the person is currently imprisoned in a penal
institution, serving parole, or on probation for that conviction.

Ineligibility

Present law prohibits
a person
from being
eligible to apply for a voter registration card and have the right of suffrage restored, unless the person:



Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence
.



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 applicant is indigent at the time of application.



Is current in
all child support obligations.

This bill deletes these requirements and, instead, prohibits t
he right of suffrage for any person, including those rendered infamous and temporarily deprived of suffrage due to incarceration, probation, or parole for that
conviction,
from
be
ing
further infringed or denied due to the inability or failure to pay any monetary obligations, including, but not limited to, civil or criminal penalties, restitution, court costs, or child support.

CERTIFICATE OF VOTING RIGHTS RESTOR
ATION

Issuance

Present law authorizes a
person
who is
eligible to apply for a voter registration card and have the
ir
right of suffrage restored
to
request, and then
must
be issued, a certificate of voting rights restoration upon a form prescribed by th
e coordinator of elections
. This bill removes this provision and, instead, requires a
person convicted of an infamous crime who becomes eligible to vote upon completion of the
ir
sentence
to
be issued a certificate of voting rights restoration upon a form
prescribed by the coordinator of elections
.

Present law requires such certificate be issued by (i) t
he pardoning authority
,
(
ii
)
t
he warden or an agent or officer of the incarcerating authority
,
or

(
iii
)
a
parole officer or another agent or officer of
the supervising authority.
This bill adds that a probation officer must also issue these certificates.

Certificate Not Required
to Register to Vote

This bill authorizes a person to
submit the completed certificate to the administrator of elections of the county in which the person is eligible to vote as sufficient proof of rights restoration. If submitted, the administrator of elections
must
send the certificate to the coordinator o
f elections who
must
verify that the certificate was issued in compliance with this
bill
.
However, a
person who does not submit a certificate of voting rights restoration must not be denied a voter registration card due to absence of the certificate. A v
oter registration form submitted by such person, absent a rights restoration certificate, must be reviewed by the appropriate administrator of elections who will verify with the secretary of state that the person is eligible to register. If the administr
a
tor of elections determines that the person may register, then the administrator of elections
must
use the same verification procedure used for any applicant and grant the application for a voter registration card if appropriate.

Required Communication

This bill requires the
department of correction
to
communicate at least twice monthly to the secretary of state a list of those newly eligible persons to include the name, date of birth, and social security number to enable voter registration upon applic
ation as described
above.
The secretary of state
must also
communicate the eligibility with the appropriate administrator of elections
.

Current Bill Text

SENATE BILL 1225
By Harshbarger

HOUSE BILL 449
By Glynn

HB0449
001226
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 2 and
Title 40, relative to restoration of citizenship rights.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 2-2-102, is amended by deleting
subsection (a) and substituting:
(a) A citizen of the United States eighteen (18) years of age or older who is a
resident of this state is a qualified voter unless the citizen is:
(1) Disqualified under this title;
(2) Currently imprisoned in a penal institution, on probation, or on parole
for a judgment of infamy; or
(3) A person described in § 40-29-204.
SECTION 2. Tennessee Code Annotated, Section 2-2-116, is amended by deleting the
language "If the answer to question ten (10) is “yes,” have you received a pardon or had your
full rights of citizenship restored by a court for all crimes listed?" and substituting:
If the answer to question ten (10) is "yes," have you received a pardon, had your full
rights of citizenship restored by a court, or completed any sentence of incarceration,
probation, or parole for all crimes listed?
SECTION 3. Tennessee Code Annotated, Section 2-2-139(a), is amended by adding
the following new subdivision:
(4) The person's right of suffrage has been restored due to the expiration of the
sentence imposed for the infamous crime.

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SECTION 4. Tennessee Code Annotated, Section 2-2-139(b), is amended by deleting
the subsection and substituting:
(b)
(1) For purposes of this section, the following document is sufficient proof
to the administrator that the person fulfills the above requirements as to the
offense or offenses specified:
(A) A pardon;
(B) A certified copy of a judgment of a court of competent
jurisdiction; or
(C) A certificate of voting rights restoration, upon a form
prescribed by the coordinator of elections, issued by:
(i) The warden or an agent or officer of the incarcerating
authority; or
(ii) A parole officer, probation officer, or another agent or
officer of the supervising authority.
(2) Notwithstanding subdivision (b)(1), before allowing a person
convicted of an infamous crime to become a registered voter, the administrator in
each county shall verify with the state coordinator of elections that the person is
eligible to register under this section.
SECTION 5. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
section and substituting:
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 is not permitted to register to vote or vote at any
election unless:
(A) The person has been pardoned by the governor. However,
the governor may attach to any such pardon a special condition that such
person shall not have the right of suffrage until a date certain in the future,
or until the expiration of the pardoned sentence, whichever period of time
is less;
(B) The person's full rights of citizenship have been restored as
prescribed by law; or
(C) The person's right of suffrage has been restored due to the
expiration of the sentence imposed for the infamous crime;
(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, is not allowed to register to vote or vote at
any election unless:
(A) The person has been pardoned or restored to the full rights of
citizenship by the president of the United States;
(B) The person's full rights of citizenship have otherwise been
restored in accordance with federal law or the law of this state; or
(C) The person's right of suffrage has been restored due to the
expiration of the sentence imposed for the infamous crime;
(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,

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regardless of the sentence imposed, is not allowed to register to vote or vote at
any election in this state unless:
(A) The person has been pardoned or restored to the rights of
citizenship by the governor or other appropriate authority of such other
state;
(B) The person's full rights of citizenship have otherwise been
restored in accordance with the laws of such other state, or the law of this
state; or
(C) The person's right of suffrage has been restored due to the
expiration of the sentence imposed for the infamous crime; and
(4) The provisions of this section, relative to the forfeiture and restoration
of the right of suffrage for those persons convicted of infamous crimes, also apply
to those persons convicted of crimes prior to May 18, 1981, which are infamous
crimes after May 18, 1981.
SECTION 6. Tennessee Code Annotated, Section 40-29-101, is amended by deleting
subsection (c) and substituting:
(c) A person convicted of an infamous crime may petition for restoration of full
rights of citizenship upon the expiration of the sentence imposed for the infamous crime.
(d) Except as provided in § 40-29-204, a conviction for an infamous crime
renders a person ineligible to vote only while the person is currently imprisoned in a
penal institution, serving parole, or on probation for that conviction.
SECTION 7. Tennessee Code Annotated, Section 40-29-105(b)(2), is amended by
deleting the subdivision and substituting:
(2) A conviction for an infamous crime renders a person ineligible to vote only
while the person is currently imprisoned in a penal institution, on parole, or on probation

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for that conviction; except that a person rendered infamous after July 1, 1986, by virtue
of being convicted of one (1) of the following crimes, shall never be eligible to register
and vote in this state:
(A) First degree murder;
(B) Aggravated rape;
(C) Treason; or
(D) Voter fraud;
SECTION 8. Tennessee Code Annotated, Section 40-29-202, is amended by deleting
the section and substituting instead the following:
(a) A person convicted of an infamous crime is rendered ineligible to vote only
while imprisoned in a penal institution, on parole, or on probation for that conviction;
except that those persons described in § 40-29-204 must never be eligible to vote in this
state.
(b) The right of suffrage for any person, including those rendered infamous and
temporarily deprived of suffrage due to incarceration, probation, or parole for that
conviction, must not be further infringed or denied due to the inability or failure to pay
any monetary obligations, including, but not limited to, civil or criminal penalties,
restitution, court costs, or child support.
SECTION 9. Tennessee Code Annotated, Section 40-29-203, is amended by deleting
the section and substituting instead the following:
(a) A person convicted of an infamous crime who becomes eligible to vote
pursuant to § 40-29-202 upon completion of the person's sentence must be issued a
certificate of voting rights restoration upon a form prescribed by the coordinator of
elections, by:
(1) The pardoning authority;

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(2) The warden or an agent or officer of the incarcerating authority; or
(3) A parole officer, probation officer, or another agent or officer of the
supervising authority.
(b) The issuing authority shall supply the person being released with a written
statement explaining the purpose and effect of the certificate of voting rights restoration
and explaining the procedure by which the person may use the certificate to apply for
and receive a voter registration card.
(c) A certificate of voting rights restoration issued pursuant to subsection (a) is
sufficient proof that the person named on the certificate is no longer disqualified from
voting by reason of having been convicted of an infamous crime.
(d) A person issued a certificate of voting rights restoration pursuant to this
section may submit the completed certificate to the administrator of elections of the
county in which the person is eligible to vote as sufficient proof of rights restoration. If
submitted, then the administrator of elections shall send the certificate to the coordinator
of elections who shall verify that the certificate was issued in compliance with this
section. Upon determining that the certificate complies with this section, the coordinator
shall notify the appropriate administrator of elections and, after determining that the
person is qualified to vote in that county by using the same verification procedure used
for any applicant, the administrator shall grant the application for a voter registration
card. The administrator shall issue a voter registration card and the card shall be mailed
to the applicant in the same manner as provided for any newly issued card.
(e) A person who does not submit a certificate of voting rights restoration as
outlined in subsection (d) must not be denied a voter registration card due to absence of
the certificate. A voter registration form submitted by such person, absent a rights
restoration certificate, must be reviewed by the appropriate administrator of elections

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who will verify with the secretary of state that the person is eligible to register. If the
administrator of elections determines that the person may register, then the
administrator of elections shall use the same verification procedure used for any
applicant and grant the application for a voter registration card if appropriate.
(f) The department of correction shall communicate at least twice monthly to the
secretary of state a list of those newly eligible persons described in § 40-29-202 to
include the name, date of birth, and social security number to enable voter registration
upon application as described in subsection (e). The secretary of state shall
communicate the eligibility with the appropriate administrator of elections as described in
subsection (e).
SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.