Restoring Your Right to Vote

Generally

• Article 4, *2 of the Tennessee Constitution provides that the Tennessee Legislature may deny the right to vote to persons convicted of "Infamous" crimes. Pursuant to this provision in the Tennessee Constitution, the Tennessee Legislature has excluded individuals convicted of various felonies from the right of suffrage.
• However, the legislature has also established conditions and procedures through which individuals who have lost their voting rights may regain them. The manner in which a person may restore his/her voting rights depends upon the crime committed and the year in which the conviction occurred.

Certificate of Restoration of Voting Rights Form

1. Felony Convictions After May 18, 1981 to present....

• Type of crime that forfeits the Right to Vote

1. All felonies

• Conditions Under Which the Person May Be Eligible for Restoration of their Voting Rights

1. The receipt of a pardon that restores full rights of citizenship; or
2. The expiration of the maximum sentence imposed by the court for the crime; or
3. Granted final release from incarceration or supervision by the board of paroles, the department of correction, or county correction authority; and
4. Any court order restitution paid; and/or
5. Current in the payment of any child support obligations

• Procedure for Restoring Voting Rights

1. Print the Certificate of Restoration of Voting Rights, or obtain a certificate from the county election commission office;
2. Have the Certificate of Restoration of Voting Rights completed by:

• the pardoning authority; or
• an agent or officer of the supervising or incarcerating authority; and/or
• the agent of the circuit/criminal court clerk

3. Bring the completed Certificate of Restoration of Voting Rights to the office of the county election commission in the county in which person resides;
4. County administrator of elections shall send a copy of the Certificate of Restoration of Voting Rights to the Coordinator of Elections for verification; and
5. Upon verification that the applicant does not have any outstanding child support obligations due, the person may be registered to vote.

• Exceptions - Persons convicted of any of the following, cannot have his or her voting rights restored:

1. Between July 1, 1986, and June 30, 1996 - first degree murder, aggravated rape, treason, or voter fraud
2. Between July 1, 1996 and June 30, 2006 - murder, rape, treason, or voter fraud
3. On or after July 1, 2006 - Any of the above, or any degree of murder or rape or any felony offense under TCA Title 39, Chapter 16, parts 1, 4, or 5; or any sexual offense under TCA 40-39-202(17) or any violent sexual offense under TCA 40-39-202(25) designated as a felony and where the victim of such offense was a minor

2. Conviction Between January 15, 1973 and May 17, 1981

• Type of Crime that Forfeits the Right to Vote

1. None

• Condition Under Which a person may be Eligible for Restoration of Voting Rights

1. Because a person convicted of an infamous crime during this time period may register to vote, regardless of the nature of the conviction, there are no conditions or procedures that apply.

3. Conviction Prior to January 15, 1973

• Type of Crime that Forfeits the Right to Vote

1. Abusing a Female Child
2. Arson and Felonious Burning
3. Bigamy
4. Bribery
5. Burglary; felonious breaking and entering a dwelling house; felonious breaking into a business house; outhouse other than a dwelling house; larceny; horse stealing; robbery; receiving stolen property; stealing bills of exchange or other valuable papers;
6. Destroying a Will
7. Incest; rape; sodomy; buggery; or
8. Perjury; subornation of perjury.

• Conditions under which a person may be Eligible for Restoration of Voting Rights

1. Proving that at the time of conviction, the judge did not render the person infamous;
2. The conviction was reversed on appeal;
3. The receipt of a full pardon;
4. The Circuit Court, in either the county where the person resides, or in the county where the person was convicted, issues judgment that restores the full rights of citizenship upon the person. ( The person may petition the circuit court for restoration at the expiration of the maximum sentence imposed for the infamous crime conviction.)

• Procedure for Restoring Voting Rights

1. Present proof of one of the above-mentioned conditions to the county election commission in the county in which the person resides;
2. The Administrator of Elections shall send a copy of the documentation to the Coordinator of Elections for verification; and
3. Upon verification, the person may be registered to vote.