Official Summary Text
Present law provides that a
citizen of the United States
who is 18
or older
and
a resident of this state is a qualified voter unless the citizen is disqualified under
voter registration laws
or under a judgment of infamy
after a conviction for a felony. This bill clarifies that such a person disqualified by
a judgment of infamy
after a conviction for a felony includes anyone
imprisoned in a penal institution, on probation, or on parole for a judgment of infamy
after a conviction for a felony.
VOTING AFTER
RIGHT
TO VOTE
FORFEITED
Present law authorizes a
person who has forfeited the right
to vote
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 register to vote, that
any of the following are true:
The person has been pardoned of all infamous crimes and the person's right
to vote
has been restored as prescribed by the law of this state for each felony convictio
n.
The person's right
to vote
has been restored as prescribed by the law of this state for each felony conviction
.
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 that a person may alternatively show proof that t
he person's right
to vote
has been restored due to the expiration of the sentence imposed for the infamous crime.
RIGHT TO VOTE
FOR PERSONS CONVICTED OF INFAMOUS CRIMES
Present law generally prohibits
a
person who has been convicted of
a felony
in this state
from
register
ing
to vote or
from voting
at an election
.
However, a person may register and vote if t
he person has been pardoned by the governor and the person's right
to vote
has been restored as prescribed by the law of this state for each felony conviction
. This bill adds that
the governor may attach to any such pardon a special condition that such person
does not
have the right
to vote
until a date certain in the future, or until the expiration of the pardoned sentence, whichever period of time is less
.
Present law also authorizes a person whose
right
to vote
has otherwise been restored as prescribed by the law of this state for each felony conviction
. This bill removes this provision and provides, instead, that a person may register and vote if (i) th
e person's full rights of citizenship have been restored as prescribed by law
or (ii) t
he person's right
to vote
has been restored due to the expiration of the sentence imposed for the infamous crime
.
Convicted in
Federal Court
Present law prohibits a
person who has been convicted in federal court of a crime or offense
that
would constitute an infamous crime under the laws of this state
, which is any felony conviction
, regardless of the sentence imposed,
from
register
ing
to vote or vot
ing
at an election unless
either of the following is true:
The person has been pardoned by the president of the United States and the person's right
to vote
has been restored as prescribed by the law of this state for each felony convictio
n.
The person's right
to vote
has otherwise been restored as prescribed by the law of this state for each felony conviction
.
This bill removes these two paths to voting, and provides, instead, that such a person is prohibited from registering to vote or voting unless any of the following are true:
The person has been pardoned or the person's full rights of citizenship have been restored by the president of the United States
.
The person's full rights of citizenship have otherwise been restored in accordance with federal law or the law of this state
.
The person's right
to vote
has been restored due to the expiration of the sentence imposed for the infamous crime
.
Convict
ion
in Another State
Present
law prohibits a
person who has been convicted in another state of a crime or offense
that
would constitute an infamous crime under the laws of this state, regardless of the sentence imposed,
from
register
ing
to vote or vot
ing
at an election in this state unless
either of the following is true:
The person has been pardoned by the governor or other appropriate authority of such other state and the person's right
to vote
has been restored as prescribed by the law of this state for each felony conviction
; or
The person's right
to vote
has otherwise been restored as prescribed by the law of this state for each felony conviction.
This bill removes the two above-outlined paths to registering to vote and voting in an election, and provides, instead, that a
person who has been convicted in another state of a crime or offense
that
would constitute an infamous crime under the laws of this state, regardless of the sentence imposed,
is prohibited from
register
ing
to vote or vot
ing
at an election in this state unless
any of the following is true:
The person has been pardoned or the person's full rights of citizenship have been restored by the governor or other appropriate authority of such other state
.
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
.
The person's right
to vote
has been restored due to the expiration of the sentence imposed for the infamous crime.
Present law generally provides that
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 where the petitioner resides or where the
conviction for the infamous crime occurred upon
certain circumstances, barring two exceptions. The two exceptions to such eligibility are:
The following persons
will never
be eligible to have the right
to vote
restored and vote in this state:
o
A person convicted after July 1, 1986, of the offense of first degree murder, aggravated rape, treason,
or v
oter fraud
.
o
A person convicted after July 1, 1996, but before July 1, 2006, of any of the offenses listed above or any other degree of murder or rape.
o
A person convicted on or after July 1, 2006, of
a
ny of the offenses set out
above or bribery, misconduct involving public officials and employees, or interference with government operations, if
designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court
.
o
A
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.
A person convicted of an infamous crime after May 18, 1981, is not eligible to have the right
to vote
restored and vote in this state unless the person
has done all of the following, as applicable
:
o
Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence
.
o
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
to vote.
o
Is current in all child support obligations.
This bill adds,
except as provided
above,
a person's right
to vote
is automatically restored upon the person's discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime. A county election commission
must
accept the person's discharge documentation as proof of the restoration of the right
to vote
.
PROCESS FOR RESTORATION
Present law requires a
person whose
right to vote
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, upon receiving the verification,
must
issue the person a voter registration card entitling the person to vote.
This bill removes these provisions.
Present law requires a
petition for restoration of rights of citizenship
to include certain information to s
et forth the basis for the petitioner's eligibility for restoration
, including
sworn statements by the petitioner demonstrating that the petitioner is eligible for restoration of the right
to vote
under
the two exceptions listed above. This bill removes this provision that requires this information be provided.
Present law 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
t
he petitioner is eligible for restoration of the right
to vote
under
the two exceptions listed above. This bill removes this requirement.
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 or more of the petitioner's citizenship rights should be restored, then
present law requires
the court
to
so order
such restoration. However, t
he court
must
not order the restoration of the petitioner's right
to vote
unless the court finds that the petitioner is eligible for restoration of the right
to vote
under the two exceptions
listed above. This bill removes this restriction on restoring the
right
to vote
unless the court finds that the petitioner is eligible for restoration under the two exceptions listed above.
If the court determines that the petitioner's right
to vote
should be restored, then
present law requires the
court
to
direct that a copy of an order restoring the right
to vote
be sent to the state coordinator of elections.
This bill removes this provision.
Current Bill Text
Read the full stored bill text
SENATE BILL 1801
By Lamar
HOUSE BILL 1745
By Freeman
HB1745
011424
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 2 and
Title 40, relative to voting 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 instead:
(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; or
(2) Currently imprisoned in a penal institution, on probation, or on parole
for a judgment of infamy pursuant to § 40-20-112.
SECTION 2. 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.
SECTION 3. Tennessee Code Annotated, Section 2-19-143(a), is amended by deleting
the subsection and substituting instead:
(a) The following provisions govern the exercise of the right of suffrage for those
persons convicted of an infamous crime:
(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 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
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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 that would constitute an infamous crime under the laws of this state,
regardless of the sentence imposed, shall not register to vote or vote at any
election unless:
(A) The person has been pardoned or the person's full rights of
citizenship have been restored 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; and
(3) A person who has been convicted in another state of a crime or
offense that would constitute an infamous crime under the laws of this state,
regardless of the sentence imposed, shall not register to vote or vote at any
election in this state unless:
(A) The person has been pardoned or the person's full rights of
citizenship have been restored by the governor or other appropriate
authority of such other state;
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(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.
SECTION 4. Tennessee Code Annotated, Section 40-29-102, is amended by adding
the following as a new subsection:
(d) Notwithstanding subsection (a), and except as provided in subsections (b)
and (c), a person's right of suffrage is automatically restored upon the person's
discharge from custody by reason of service or expiration of the maximum sentence
imposed by the court for the infamous crime. A county election commission shall accept
the person's discharge documentation as proof of the restoration of the right of suffrage.
SECTION 5. Tennessee Code Annotated, Section 40-29-103, is amended by deleting
subsection (g) and subdivisions (a)(4), (e)(1)(A), (e)(2)(A)(ii), and (e)(2)(B).
SECTION 6. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to sentences completed or expired, or crimes that have been pardoned, after such
date.