A recent bill approved by Tennessee’s Republican-led legislature is set to change the process for restoring voting rights to individuals convicted of felonies. Previously in Tennessee, individuals had to first persuade a judge to restore their gun rights before they could regain their voting rights. Opponents argue that the proposed legislation does not adequately address the barriers faced by nearly half a million disenfranchised Tennesseans, including one in five African Americans in the state, who wish to vote again.
Currently, voting rights, along with the right to bear arms, hold public office, and serve on a jury, are linked under a 2023 court ruling interpretation by Tennessee election officials. The new bill seeks to treat each of these “full citizenship rights” separately. However, individuals would still need to convince a judge to restore these rights or be pardoned by the governor, a process that can be costly and uncertain.
Under the current system, Tennessee law presumes judges will approve requests to restore rights unless there is evidence of ineligibility or “good cause” for denial. Some individuals have successfully regained certain rights, only to find their voting rights denied due to unresolved gun rights issues. Tennessee law removes gun rights for felony drug crimes and violent felonies.
The restoration process has proven complex, requiring individuals to document that they have served their sentences and cleared any outstanding court costs or child support. A separate process to expunge criminal records and restore voting rights is not available for certain felonies. Between November 2021 and mid-July 2023, only a fraction of those disenfranchised saw their voting rights restored, with 731 restorations, 437 denials, and 154 expungements reported. Recent changes have resulted in fewer restorations and more denials.
With over 470,000 disenfranchised felons, representing 9% of Tennessee’s voting-age population, the state faces criticism for its cumbersome restoration process. More than 21% of the voting-age African American population is unable to vote in Tennessee.
The newly proposed bill would allow individuals to request restoration of one or more citizenship rights by proving eligibility through certified records and sworn statements. If no opposition arises from prosecutors or the attorney general, a judge could approve the request without a hearing, followed by the issuance of a voter registration card from election officials. However, individuals convicted of offenses such as voter fraud, treason, first-degree murder, and aggravated rape would remain ineligible to vote permanently.
Since 2020, Tennessee’s voting-rights restoration system has faced challenges in federal court, with plaintiffs criticizing the process for its lack of clear guidelines and appeal avenues. The impact of the new bill on this lawsuit remains uncertain.
Despite recent efforts, voting rights advocates express concerns over remaining requirements and potential costs associated with the bill, including the need to provide proof by a “preponderance of evidence,” which is a more stringent standard than current law, court costs unless deemed indigent, and the requirement of sworn statements that could expose individuals to perjury risks.
In contrast, other states have simplified the voting rights restoration process. Nearly half of the states automatically restore voting rights upon release, while 15 others do so after parole or probation and may require payment of court costs. In Maine and Vermont, individuals retain their voting rights even while incarcerated. Ten states, including Tennessee, require further government intervention, such as action by the governor, to restore voting rights.