Amends TCA Section 2-2-102 and Title 40, Chapter 29.
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 law relative to elections or due to a judgment of infamy. This bill revises this provision to provide, instead, 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 law relative to elections; currently imprisoned in a penal institution, on probation, or on parole for a judgment of infamy; or a person who was convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape.<br /> <br /> JURISDICTION<br /> <br /> Present law provides the following:<br /> <br /> (1) That persons rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have their full rights of citizenship restored by the circuit court;<br /> <br /> (2) That those pardoned, if the pardon does restore full rights of citizenship, may petition for restoration immediately after the pardon. However, a court does not have jurisdiction to alter, delete, or render void special conditions of a pardon pertaining to the right of suffrage; and<br /> <br /> (3) Those convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed for the infamous crime.<br /> <br /> This bill revises (2) by removing the language prohibiting a court from having jurisdiction to alter, delete, or render void special conditions of a pardon pertaining to the right of suffrage. This bill rewrites (3) to provide, instead, that 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. This bill also provides that a conviction for an infamous crime generally 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.<br /> <br /> RESTORATION OF CITIZENSHIP FOR FELONS CONVICTED OF INFAMOUS CRIMES<br /> <br /> Present law provides that a person rendered infamous after July 1, 1986, by virtue of being convicted of first degree murder, aggravated rape, treason, or voter fraud must never be eligible to register and vote in this state. This bill maintains this provision but clarifies that otherwise 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 for that conviction.<br /> <br /> Present law provides that any authority issuing a certificate of restoration must forward a copy of the certificate to the coordinator of elections. Present law also provides that any person issued a certificate of restoration must submit, to the administrator of elections of the county in which the person is eligible to vote, the certificate and upon verification of the certificate with the coordinator of elections be issued a voter registration card entitling the person to vote. This bill deletes these provisions.<br /> <br /> Under current law, a person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court does not have the authority or jurisdiction to alter, delete, or render void special conditions pertaining to the right of suffrage that may be contained in the pardon. This bill removes the language prohibiting a court from having jurisdiction to alter, delete, or render void special conditions pertaining to the right of suffrage that may be contained in the pardon.<br /> <br /> Under current law, any person whose citizenship rights have been restored by order of the court must 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 revises these provisions to provide, instead, that 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 for that conviction, except that those persons who qualify as a person that was convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape are never eligible to vote in this state. <br /> <br /> APPLICATION FOR VOTER REGISTRATION CARD<br /> <br /> Present law provides that a person rendered infamous and deprived of the right of suffrage by the judgment of any state or federal court is eligible to apply for a voter registration card and have the right of suffrage restored upon:<br /> <br /> (1) Receiving a pardon, except where the pardon contains special conditions pertaining to the right of suffrage;<br /> <br /> (2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or<br /> <br /> (3) Being granted a certificate of final discharge from supervision by the board of parole pursuant to statutory mandate, or any equivalent discharge by another state, the federal government, or county correction authority.<br /> <br /> However, a person is not eligible to apply for a voter registration card and have the right of suffrage restored, unless the person:<br /> <br /> (1) Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence; and<br /> <br /> (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 applicant is indigent at the time of application and the person is current in all child support obligations.<br /> <br /> This bill deletes these provisions and provides, instead, that a person convicted of an infamous crime is rendered a person ineligible to vote only while the person is currently imprisoned in a penal institution, on parole, or on probation for that conviction, except for those persons who qualify as a person that was convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape are never eligible to vote in this state. 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; or the extension of a probationary period due to failure to pay monetary obligations or penalties.<br /> <br /> CERTIFICATE OF VOTING RIGHTS RESTORATION<br /> <br /> Under current law, a person eligible to apply for a voter registration card and have the right of suffrage restored may request, and be issued, a certificate of voting rights restoration upon a form prescribed by the coordinator of elections, by the pardoning authority; the warden or an agent or officer of the incarcerating authority; or a parole officer or another agent or officer of the supervising authority.<br /> <br /> The issuing authority must 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 and become eligible to vote. A certificate of voting rights restoration must be 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. Any person issued a certificate of voting rights restoration pursuant to this section must submit the certificate to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections must send the certificate to the coordinator of elections who must verify that the certificate was issued in compliance with this section. <br /> <br /> This bill revises the provisions above and provides, instead, that a person convicted of an infamous crime who becomes eligible to vote 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 the pardoning authority; the warden or an agent or officer of the incarcerating authority; or a parole officer or another agent or officer of the supervising authority.<br /> <br /> A person issued a certificate of voting rights restoration 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, the administrator of elections must send the certificate to the coordinator of elections, who will verify that the certificate was issued in compliance with this section. <br /> <br /> However, a person who does not submit a certificate of voting rights restoration as outlined in the above provisions must not be denied a voter registration card due to absence of the certificate. A voter registration form submitted by such person, absent a voting 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 administer of elections determines that the person may register, 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. <br /> <br /> NOTICE TO SECRETARY OF STATE<br /> <br /> The department of correction must communicate at least twice monthly to the secretary of state a list of those newly eligible persons described above that includes the name, date of birth, and social security number to enable voter registration upon application as described above. The secretary of state must communicate the eligibility with the appropriate administrator of elections.<br />
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 law relative to elections or due to a judgment of infamy. This bill revises this provision to provide, instead, 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 law relative to elections; currently imprisoned in a penal institution, on probation, or on parole for a judgment of infamy; or a person who was convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape.<br /> <br /> JURISDICTION<br /> <br /> Present law provides the following:<br /> <br /> (1) That persons rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have their full rights of citizenship restored by the circuit court;<br /> <br /> (2) That those pardoned, if the pardon does restore full rights of citizenship, may petition for restoration immediately after the pardon. However, a court does not have jurisdiction to alter, delete, or render void special conditions of a pardon pertaining to the right of suffrage; and<br /> <br /> (3) Those convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed for the infamous crime.<br /> <br /> This bill revises (2) by removing the language prohibiting a court from having jurisdiction to alter, delete, or render void special conditions of a pardon pertaining to the right of suffrage. This bill rewrites (3) to provide, instead, that 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. This bill also provides that a conviction for an infamous crime generally 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.<br /> <br /> RESTORATION OF CITIZENSHIP FOR FELONS CONVICTED OF INFAMOUS CRIMES<br /> <br /> Present law provides that a person rendered infamous after July 1, 1986, by virtue of being convicted of first degree murder, aggravated rape, treason, or voter fraud must never be eligible to register and vote in this state. This bill maintains this provision but clarifies that otherwise 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 for that conviction.<br /> <br /> Present law provides that any authority issuing a certificate of restoration must forward a copy of the certificate to the coordinator of elections. Present law also provides that any person issued a certificate of restoration must submit, to the administrator of elections of the county in which the person is eligible to vote, the certificate and upon verification of the certificate with the coordinator of elections be issued a voter registration card entitling the person to vote. This bill deletes these provisions.<br /> <br /> Under current law, a person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court does not have the authority or jurisdiction to alter, delete, or render void special conditions pertaining to the right of suffrage that may be contained in the pardon. This bill removes the language prohibiting a court from having jurisdiction to alter, delete, or render void special conditions pertaining to the right of suffrage that may be contained in the pardon.<br /> <br /> Under current law, any person whose citizenship rights have been restored by order of the court must 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 revises these provisions to provide, instead, that 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 for that conviction, except that those persons who qualify as a person that was convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape are never eligible to vote in this state. <br /> <br /> APPLICATION FOR VOTER REGISTRATION CARD<br /> <br /> Present law provides that a person rendered infamous and deprived of the right of suffrage by the judgment of any state or federal court is eligible to apply for a voter registration card and have the right of suffrage restored upon:<br /> <br /> (1) Receiving a pardon, except where the pardon contains special conditions pertaining to the right of suffrage;<br /> <br /> (2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or<br /> <br /> (3) Being granted a certificate of final discharge from supervision by the board of parole pursuant to statutory mandate, or any equivalent discharge by another state, the federal government, or county correction authority.<br /> <br /> However, a person is not eligible to apply for a voter registration card and have the right of suffrage restored, unless the person:<br /> <br /> (1) Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence; and<br /> <br /> (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 applicant is indigent at the time of application and the person is current in all child support obligations.<br /> <br /> This bill deletes these provisions and provides, instead, that a person convicted of an infamous crime is rendered a person ineligible to vote only while the person is currently imprisoned in a penal institution, on parole, or on probation for that conviction, except for those persons who qualify as a person that was convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape are never eligible to vote in this state. 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; or the extension of a probationary period due to failure to pay monetary obligations or penalties.<br /> <br /> CERTIFICATE OF VOTING RIGHTS RESTORATION<br /> <br /> Under current law, a person eligible to apply for a voter registration card and have the right of suffrage restored may request, and be issued, a certificate of voting rights restoration upon a form prescribed by the coordinator of elections, by the pardoning authority; the warden or an agent or officer of the incarcerating authority; or a parole officer or another agent or officer of the supervising authority.<br /> <br /> The issuing authority must 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 and become eligible to vote. A certificate of voting rights restoration must be 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. Any person issued a certificate of voting rights restoration pursuant to this section must submit the certificate to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections must send the certificate to the coordinator of elections who must verify that the certificate was issued in compliance with this section. <br /> <br /> This bill revises the provisions above and provides, instead, that a person convicted of an infamous crime who becomes eligible to vote 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 the pardoning authority; the warden or an agent or officer of the incarcerating authority; or a parole officer or another agent or officer of the supervising authority.<br /> <br /> A person issued a certificate of voting rights restoration 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, the administrator of elections must send the certificate to the coordinator of elections, who will verify that the certificate was issued in compliance with this section. <br /> <br /> However, a person who does not submit a certificate of voting rights restoration as outlined in the above provisions must not be denied a voter registration card due to absence of the certificate. A voter registration form submitted by such person, absent a voting 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 administer of elections determines that the person may register, 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. <br /> <br /> NOTICE TO SECRETARY OF STATE<br /> <br /> The department of correction must communicate at least twice monthly to the secretary of state a list of those newly eligible persons described above that includes the name, date of birth, and social security number to enable voter registration upon application as described above. The secretary of state must communicate the eligibility with the appropriate administrator of elections.<br />
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