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State efJenne&see
PUBLIC CHAPTER NO. 298
SENATE BILL NO. 407
By Gardenhire, Yager, Jackson
Substituted for: House Bill No. 445
By Hulsey, Russell, Barrett, Hardaway, Fritts, Grills, Leatherwood, Kumar, Howell, Parkinson,
Reedy, Butler
AN ACT to amend Tennessee Code Annotated, Title 2; Title 4; Title 22; Title 36; Title 39 and Title
40, relative to rights of citizenship.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 2-2-116, is amended by deleting "received
a pardon or had your full rights of citizenship restored by a court" and substituting "had your right of
suffrage restored as prescribed by the law of this state for each felony conviction".
SECTION 2. Tennessee Code Annotated, Section 2-2-139, is amended by deleting
subdivision (a)(1) and substituting:
(1) The person has been pardoned of all infamous crimes and the person's right of
suffrage has been restored as prescribed by the law of this state for each felony conviction;
SECTION 3. Tennessee Code Annotated, Section 2-2-139, is amended by deleting
subdivision (a)(2) and substituting:
(2) The person's right of suffrage has been restored as prescribed by the law of this
state for each felony conviction; or
SECTION 4. Tennessee Code Annotated, Section 2-19-143, is amended by deleting the
section and substituting:
(a) The following provisions govern the exercise of the right of suffrage for those
persons convicted of an infamous crime:
(1) A person who has been convicted of an infamous crime, as defined by §
40-20-112, in this state shall not register to vote or vote at an election unless:
(A) The person has been pardoned by the governor and the person's
right of suffrage has been restored as prescribed by the law of this state for
each felony conviction; or
(8) The person's right of suffrage has otherwise been restored as
prescribed by the law of this state for each felony conviction;
(2) A person who has been convicted in federal court of a crime or offense
which would constitute an infamous crime under the laws of this state, regardless of
the sentence imposed, shall not register to vote or vote at an election unless:
(A) The person has been pardoned by the president of the United
States and the person's right of suffrage has been restored as prescribed by
the law of this state for each felony conviction; or
(8) The person's right of suffrage has otherwise been restored as
prescribed by the law of this state for each felony conviction; and
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(3) A person who has been convicted in another state of a crime or offense
which would constitute an infamous crime under the laws of this state, regardless of
the sentence imposed, shall not register to vote or vote at an election in this state
unless:
(A) The person has been pardoned by the governor or other
appropriate authority of such other state and the person's right of suffrage has
been restored as prescribed by the law of this state for each felony conviction;
or
(B) The person's right of suffrage has otherwise been restored as
prescribed by the law of this state for each felony conviction.
(b) The right of suffrage is restored by operation of law on the effective date of this act
to a person who forfeited the right of suffrage only because of a felony conviction prior to
January 15, 1973.
SECTION 5. Tennessee Code Annotated, Section 40-29-101, is amended by deleting the
section and substituting:
As used in this part:
(1) "Citizenship rights" and "rights of citizenship" include:
(A) The right to serve on a jury;
(B) The right of suffrage;
(C) The right to hold public office;
(D) The right to execute a fiduciary office; and
(E) The right to possess a firearm;
(2) "Court costs" includes fees, litigation taxes, and any other costs assessed
against a defendant by the court at sentencing; and
(3) "Voter fraud" means a felony offense in title 2, chapter 19, or an attempt,
conspiracy, or solicitation to commit a felony offense in title 2, chapter 19.
SECTION 6. Tennessee Code Annotated, Section 40-29-102, is amended by deleting the
section and substituting:
(a) Except as provided in subsections (b) and (c), a person rendered infamous or
deprived of rights of citizenship by the judgment of any state or federal court is eligible to
seek restoration of rights of citizenship by petitioning the circuit court of the county where the
petitioner resides or where the conviction for the infamous crime occurred upon:
(1) Receiving a pardon; however, a court does not have the jurisdiction to
alter, delete, or render void special conditions of a pardon pertaining to the right of
suffrage or the right to possess a firearm;
(2) The discharge from custody by reason of service or expiration of the
maximum sentence imposed by the court for the infamous crime; or
(3) Being granted a certificate of final discharge from supervision by the board
of parole pursuant to § 40-28-609, or an equivalent discharge by another state, the
federal government, or county correction authority.
(b) The following persons shall never be eligible to have the right of suffrage restored
and vote in this state:
(1) A person convicted after July 1, 1986, of the offense of:
(A) First degree murder;
(B) Aggravated rape;
(C) Treason; or
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(D) Voter fraud;
(2) A person convicted after July 1, 1996, but before July 1, 2006, of any of
the offenses set out in subdivision (b)(1) or any other degree of murder or rape; and
(3) A person convicted on or after July 1, 2006, of:
(A) Any of the offenses set out in subdivision (b)(1) or (b)(2);
(B) Any violation of title 39, chapter 16, part 1, 4, or 5 designated as a
felony or any violation containing the same elements and designated as a
felony in any other state or federal court; or
(C) Any sexual offense or violent sexual offense set out in§ 40-39-202
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 in which the
victim was a minor.
(c) A person convicted of an infamous crime after May 18, 1981, is not eligible to
have the right of suffrage restored and vote in this state 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) 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 person is indigent at the time of filing the
petition for restoration of the right of suffrage; and
(3) Is current in all child support obligations.
SECTION 7. Tennessee Code Annotated, Section 40-29-103, is amended by deleting the
section and substituting:
(a) A petition for restoration of rights of citizenship must:
(1) Set forth the basis for the petitioner's eligibility for restoration, including:
(A) A list of each state and federal felony conviction of the petitioner;
(8) Whether the petitioner is eligible to have the right of suffrage
restored under§ 40-29-102(b) and (c); and
(C) Whether the petitioner is prohibited from possessing a firearm
under§ 39-17-1307(b), (f)(1), (h)(1)(D), (i), or O);
(2) State the reasons the petitioner believes that the petitioner's citizenship
rights should be restored;
(3) Be accompanied by satisfactory proof, such as certified records, sworn
statements, and other documents or information, necessary to demonstrate to the
court that the petitioner is both eligible for and merits having rights of citizenship
restored; and
(4) In order to restore the petitioner's right of suffrage, include sworn
statements by the petitioner demonstrating that the petitioner is eligible for restoration
of the right of suffrage under§ 40-29-102(b) and (c).
(b) The court may require any additional proof as it deems necessary to reach a just
decision on the petition.
(c)(1) Prior to the court acting on a petition filed pursuant to this part, the court clerk
shall notify:
(A) The district attorney general in whose county the petitioner resides
and each district attorney general of the county in which each conviction
occurred that a petition for restoration of rights of citizenship has been filed by
the petitioner. The notice must be sent at least thirty (30) days prior to any
hearing on or disposition of the petition. Each district attorney general so
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notified may object to the restoration of the petitioner's citizenship rights either
in person or in writing; and
(B) The coordinator of elections and the attorney general and reporter.
The notice must be sent at least thirty (30) days prior to any hearing on or
disposition of the petition. The attorney general and reporter, as counsel for
this state, may intervene either in person or in writing for the purpose of
objecting to the petitioner's eligibility for restoration of citizenship rights.
(2) If the petitioner was rendered infamous or deprived of citizenship rights by
judgment of a federal court, then the circuit court shall give the notice required in
subdivision (c)(1) to the United States attorney, the district attorney general in whose
district the petitioner is currently residing, the coordinator of elections, and the
attorney general and reporter. The United States attorney, the district attorney
general in whose district the petitioner is currently residing, and the attorney general
and reporter have the same right to object to the petition as is provided in subdivision
(c)(1 ).
(d) The petitioner has the burden of establishing by a preponderance of the evidence
that the petitioner is eligible for restoration of each of the rights of citizenship sought in the
petition. If an objection to the petition has not been filed with the court by a district attorney
general, a United States attorney, or the attorney general and reporter within thirty (30) days
of the notice sent pursuant to subsection (c), then the court may rule on the petition without a
hearing.
(e)(1) The court shall order the restoration of the petitioner's full rights of citizenship
and send a copy of the order to the state coordin~tor of elections if, upon the face of
the petition or after conducting a hearing, the court finds:
(A) The petitioner is eligible for restoration of the right of suffrage under
§ 40-29-102(b) and (c);
(B) The petitioner is not prohibited from possessing a firearm under§
39-17-1307(b), (f)(1), (h)(1)(D), (i), or U); and
(C) The petitioner merits having full citizenship rights restored; or
(2)(A) If, upon the face of the petition or after conducting a hearing, the court
does not find that the petitioner's full citizenship rights should be restored but
does find that one (1) or more of the petitioner's citizenship rights should be
restored, then the court shall so order; provided, however, that:
(i) The court shall not order the restoration of the petitioner's
right to possess a firearm unless the person's full rights of citizenship
are being restored and the person is not prohibited from possessing a
firearm under§ 39-17-1307(b), (f)(1), (h)(1)(D), (i), or U); and
(ii) The court shall not order the restoration of the petitioner's
right of suffrage unless the court finds that the petitioner is eligible for
restoration of the right of suffrage under§ 40-29-102(b) and (c).
(B) If the court determines that the petitioner's right of suffrage should
be restored, then the court shall direct that a copy of an order restoring the
right of suffrage be sent to the state coordinator of elections.
(f) All costs for a proceeding under this part must be paid by the petitioner; however,
the court may waive the costs if the defendant is indigent.
(g) A person whose right of suffrage has been restored by order of the court pursuant
to this section shall 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 shall verify with
the coordinator of elections that the order was issued and, upon receiving the verification,
shall issue the person a voter registration card entitling the person to vote.
(h) If a person obtained a court order prior to the effective date of this act that
restores the person's right of suffrage and the person submits a certified copy of the court
order and a sworn statement signed by the person seeking restoration stating that the
petitioner is eligible for restoration of the right of suffrage under § 40-29-102(c) to the
administrator of elections of the county in which the person resides, then the administrator of
elections shall provide a copy of the court order to the coordinator of elections within five (5)
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business days. The coordinator of elections shall verify the court order and, if the sworn
statement is accurate and the person is otherwise eligible, inform the administrator of
elections that the person must be issued a voter registration card entitling the person to vote.
The coordinator of elections is authorized to develop a uniform form for the sworn statement
required by this subsection (h).
SECTION 8. Tennessee Code Annotated, Section 40-29-104, is amended by deleting the
section and substituting:
The administrative office of the courts, in consultation with the secretary of state and
other entities as deemed appropriate by the administrative office of the courts, shall develop
a petition for restoration of citizenship rights form and an order granting restoration of
citizenship rights form that complies with the requirements of this part. The petition and order
forms must be made available to the clerks of court, the department of correction, the board
of parole, the department of human services, and online for use by the public.
SECTION 9. Tennessee Code Annotated, Section 40-29-105, is amended by deleting the
section.
SECTION 10. Tennessee Code Annotated, Title 40, Chapter 29, is amended by deleting Part
2.
SECTION 11. Tennessee Code Annotated, Section 40-20-114(b), is amended by deleting"§
40-29-105" and substituting"§ 40-29-103".
SECTION 12. This act takes effect upon becoming a law, the public welfare requiring it.
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SENATE BILL NO. 407
PASSED: April 15, 2025
~c:..\
RANDY M~ALLY
SPEAKER OF THE ~NATE
CAMERON ScXTON, SPEAKER
HOUSE OF REPRESENTATIVES
~ APPROVED this ;).._rcJ.., day of 2025
~U/4,
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.