SB0388113th GA (Historical)Introduced

Amends TCA Section 2-2-102 and Title 40, Chapter 29.

Under present law, a citizen of the Unites States who is 18 or older and a resident of this state is a qualified voter unless the citizen is disqualified under another provision of election law or under a judgment of infamy. Additionally, the following persons are never eligible to register and vote in this state: (1) Those convicted after July 1, 1986, of voter fraud, treason, murder in the first degree, or aggravated rape; (2) Those convicted after July 1, 1986, but before July 1, 2006, of any of the offenses in (1) or any other degree of murder or rape; and (3) Those convicted on or after July 1, 2006, of any of the offenses set out in (1) or (2) above; any other violation of law designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or any sexual offense or violent sexual offense set out by law 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 where the victim was a minor. This bill deletes (2) and (3) above and revises the provision regarding qualified voters to provide, instead, that a citizen of the Unites States who is 18 or older and a resident of this state is a qualified voter unless the citizen is the following: (A) Disqualified under another provision of election law; (B) Currently imprisoned in a penal institution, on probation, or on parole for a judgment of infamy; or (C) A person described in (1) above. RESTORATION OF CITIZENSHIP Present law provides the following: (1) Persons rendered infamous or deprived of the rights of citizenship by the judgment of a state or federal court may have their full rights of citizenship restored by the circuit court; (2) Those pardoned, if the pardon restores 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 to vote; and (3) Those convicted of an infamous crime may petition for restoration upon the explanation of the maximum sentence imposed for the infamous crime. This bill removes the jurisdiction limitation language in (2) above, and revises (3) above 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, instead of the expiration of the maximum sentence. This bill also adds that, except for those persons ineligible to register and vote in this state due to being convicted after July 1, 1986, for voter fraud, treason, murder in the first degree or aggravated rape, 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. FELONS CONVICTED OF INFAMOUS CRIMES Present law provides that, for a person convicted of an infamous crime after July 1, 1986, but before July 1, 1996, such person rendered infamous or deprived of the rights of citizenship by the judgment of a state or federal court may have full rights of citizenship restored upon, amongst other ways, receiving a pardon, except when the pardon contains special provisions regarding the right to vote. This bill removes the exception language. Present law provides that, for a person convicted of an infamous crime after July 1, 1986, but before July 1, 1996, such a 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 removes this requirement. Present law provides that, for a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996, such 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 jurisdiction limitation language. Present law provides that, for a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996, such a 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. This bill removes this requirement. APPLICATION FOR VOTER REGISTRATION CARD Present law provides that a person rendered infamous and deprived of the right to vote by the judgment of a state or federal court is eligible to apply for a voter registration card and have the right to vote restored upon receiving a pardon, except where the pardon contains special conditions pertaining to the right to vote; the discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or being granted a certificate of final discharge from supervision by the board of parole or any equivalent discharge by another state, the federal government, or county correction authority. However, present law provides that a person is not eligible to apply for a voter registration card and have the right to vote restored, 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) 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 (3) Is current in all child support obligations. This bill removes the above provisions and provides, instead, that the right to vote for any person, including those rendered infamous and temporarily deprived of the right to vote due to incarceration, probation, or parole for that conviction, must not be further infringed or denied due to: (1) The inability or failure to pay any monetary obligations, including, but not limited to, civil or criminal penalties; or (2) The extension of a probationary period due to failure to pay monetary obligations or penalties. CERTIFICATE OF VOTING RIGHTS RESTORATION Present law provides that a person eligible to apply for a voter registration card and have the right to vote restored may request, and then 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. This bill revises this provision to require such person to have first completed their sentence and to not require the person to make a request as the certificate will automatically be issued by such persons. Present law provides that a person issued a certificate of voting rights restoration must submit the certificate to the administrator of elections of the county in which the person is eligible to vote for verification purposes before the issuance of a voter registration card. This bill makes such submission of the certificate optional and provides that a person who does not submit such a certificate must not be denied a voter registration card due to absence of the certificate. A voter registration form submitted by such person, absent such a 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 administrator determines that the person may register, then the administrator must use the same verification procedure used for any applicant and grant the application for a voter registration card if appropriate. 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 application. The secretary of state must then communicate the eligibility with the appropriate administrator of elections.

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Overview

Under present law, a citizen of the Unites States who is 18 or older and a resident of this state is a qualified voter unless the citizen is disqualified under another provision of election law or under a judgment of infamy. Additionally, the following persons are never eligible to register and vote in this state: (1) Those convicted after July 1, 1986, of voter fraud, treason, murder in the first degree, or aggravated rape; (2) Those convicted after July 1, 1986, but before July 1, 2006, of any of the offenses in (1) or any other degree of murder or rape; and (3) Those convicted on or after July 1, 2006, of any of the offenses set out in (1) or (2) above; any other violation of law designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or any sexual offense or violent sexual offense set out by law 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 where the victim was a minor. This bill deletes (2) and (3) above and revises the provision regarding qualified voters to provide, instead, that a citizen of the Unites States who is 18 or older and a resident of this state is a qualified voter unless the citizen is the following: (A) Disqualified under another provision of election law; (B) Currently imprisoned in a penal institution, on probation, or on parole for a judgment of infamy; or (C) A person described in (1) above. RESTORATION OF CITIZENSHIP Present law provides the following: (1) Persons rendered infamous or deprived of the rights of citizenship by the judgment of a state or federal court may have their full rights of citizenship restored by the circuit court; (2) Those pardoned, if the pardon restores 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 to vote; and (3) Those convicted of an infamous crime may petition for restoration upon the explanation of the maximum sentence imposed for the infamous crime. This bill removes the jurisdiction limitation language in (2) above, and revises (3) above 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, instead of the expiration of the maximum sentence. This bill also adds that, except for those persons ineligible to register and vote in this state due to being convicted after July 1, 1986, for voter fraud, treason, murder in the first degree or aggravated rape, 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. FELONS CONVICTED OF INFAMOUS CRIMES Present law provides that, for a person convicted of an infamous crime after July 1, 1986, but before July 1, 1996, such person rendered infamous or deprived of the rights of citizenship by the judgment of a state or federal court may have full rights of citizenship restored upon, amongst other ways, receiving a pardon, except when the pardon contains special provisions regarding the right to vote. This bill removes the exception language. Present law provides that, for a person convicted of an infamous crime after July 1, 1986, but before July 1, 1996, such a 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 removes this requirement. Present law provides that, for a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996, such 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 jurisdiction limitation language. Present law provides that, for a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996, such a 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. This bill removes this requirement. APPLICATION FOR VOTER REGISTRATION CARD Present law provides that a person rendered infamous and deprived of the right to vote by the judgment of a state or federal court is eligible to apply for a voter registration card and have the right to vote restored upon receiving a pardon, except where the pardon contains special conditions pertaining to the right to vote; the discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or being granted a certificate of final discharge from supervision by the board of parole or any equivalent discharge by another state, the federal government, or county correction authority. However, present law provides that a person is not eligible to apply for a voter registration card and have the right to vote restored, 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) 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 (3) Is current in all child support obligations. This bill removes the above provisions and provides, instead, that the right to vote for any person, including those rendered infamous and temporarily deprived of the right to vote due to incarceration, probation, or parole for that conviction, must not be further infringed or denied due to: (1) The inability or failure to pay any monetary obligations, including, but not limited to, civil or criminal penalties; or (2) The extension of a probationary period due to failure to pay monetary obligations or penalties. CERTIFICATE OF VOTING RIGHTS RESTORATION Present law provides that a person eligible to apply for a voter registration card and have the right to vote restored may request, and then 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. This bill revises this provision to require such person to have first completed their sentence and to not require the person to make a request as the certificate will automatically be issued by such persons. Present law provides that a person issued a certificate of voting rights restoration must submit the certificate to the administrator of elections of the county in which the person is eligible to vote for verification purposes before the issuance of a voter registration card. This bill makes such submission of the certificate optional and provides that a person who does not submit such a certificate must not be denied a voter registration card due to absence of the certificate. A voter registration form submitted by such person, absent such a 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 administrator determines that the person may register, then the administrator must use the same verification procedure used for any applicant and grant the application for a voter registration card if appropriate. 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 application. The secretary of state must then communicate the eligibility with the appropriate administrator of elections.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 24, 2023

Subjects
1215

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SB0388: Amends TCA Section 2-2-102 and Title 40, Chapter 29. | LegisGo