HB1166113th GA (Historical)Introduced

Amends TCA Title 2 and Title 40.

Present law allows a convicted individual who is deprived of the right to vote by the judgment of a state or federal court to be eligible to apply for a voter registration card and have the right to vote restored upon the occurrence of the following:<br /> <br /> (1) Receiving a pardon, except where the pardon contains special conditions pertaining to the right to vote;<br /> <br /> (2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the crime; or<br /> <br /> (3) 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.<br /> <br /> However, present law prohibits such an individual from being eligible to apply for a voter registration card and have the right to vote restored, unless the individual has paid all restitution to any victims of the offense ordered by the court as part of the sentence; has paid all court costs assessed against the individual at the conclusion of the individual'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 is current in all child support obligations.<br /> <br /> This bill adds to the current law by providing that, when a convicted individual who is deprived of the right to vote becomes eligible to apply for a voter registration card and have the right to vote restored pursuant to the provisions above, the individual issuing the pardon, discharging the individual from custody, or granting a certificate of final discharge must do the following:<br /> <br /> (1) Notify the county election commission in the county that is the home of record of the individual;<br /> <br /> (2) Complete the appropriate portions of the certificate of restoration of voting rights form; and <br /> <br /> (3) Send the completed form to the appropriate criminal court clerk.<br /> <br /> The bill provides that, upon receiving the completed form, the criminal court clerk must verify that the individual has no outstanding financial obligations as described above. If the individual has no outstanding financial obligations, then this bill requires the clerk to complete the appropriate portions of the form and forward the form to the appropriate county election commission. However, if the individual has remaining financial obligations, then this bill requires the clerk to inform the individual of the amount and the method by which the financial obligations may be met.<br /> <br /> This bill provides that, upon receiving the notification and completed form under these new provisions, the county election commission is required to contact the individual to provide assistance to the individual with registering to vote. This bill requires the county election commission to verify that the individual is eligible to register and that there are no other impediments to the right to vote being restored before the individual is allowed to register.<br />

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Overview

Present law allows a convicted individual who is deprived of the right to vote by the judgment of a state or federal court to be eligible to apply for a voter registration card and have the right to vote restored upon the occurrence of the following:<br /> <br /> (1) Receiving a pardon, except where the pardon contains special conditions pertaining to the right to vote;<br /> <br /> (2) The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the crime; or<br /> <br /> (3) 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.<br /> <br /> However, present law prohibits such an individual from being eligible to apply for a voter registration card and have the right to vote restored, unless the individual has paid all restitution to any victims of the offense ordered by the court as part of the sentence; has paid all court costs assessed against the individual at the conclusion of the individual'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 is current in all child support obligations.<br /> <br /> This bill adds to the current law by providing that, when a convicted individual who is deprived of the right to vote becomes eligible to apply for a voter registration card and have the right to vote restored pursuant to the provisions above, the individual issuing the pardon, discharging the individual from custody, or granting a certificate of final discharge must do the following:<br /> <br /> (1) Notify the county election commission in the county that is the home of record of the individual;<br /> <br /> (2) Complete the appropriate portions of the certificate of restoration of voting rights form; and <br /> <br /> (3) Send the completed form to the appropriate criminal court clerk.<br /> <br /> The bill provides that, upon receiving the completed form, the criminal court clerk must verify that the individual has no outstanding financial obligations as described above. If the individual has no outstanding financial obligations, then this bill requires the clerk to complete the appropriate portions of the form and forward the form to the appropriate county election commission. However, if the individual has remaining financial obligations, then this bill requires the clerk to inform the individual of the amount and the method by which the financial obligations may be met.<br /> <br /> This bill provides that, upon receiving the notification and completed form under these new provisions, the county election commission is required to contact the individual to provide assistance to the individual with registering to vote. This bill requires the county election commission to verify that the individual is eligible to register and that there are no other impediments to the right to vote being restored before the individual is allowed to register.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
1545

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HB1166: Amends TCA Title 2 and Title 40. | LegisGo