TBA Law Blog

TBA Law Blog

Court Clarifies Statutory Requirements in Right to Vote Case

Posted by: Julia Wilburn on Jun 29, 2023

The Tennessee Supreme Court has ruled that persons who lose the right to vote in Tennessee because of a criminal conviction in another state must comply with requirements set forth in two different Tennessee statutes, both of which address voting rights, in order to regain their right to vote. Justice Jeff Bivins, writing for the majority, ruled that individuals seeking to reinstate their right to vote must comply with both Tenn. Code. Ann. section 2-19-143(3), which requires the state to re-enfranchise persons convicted of out-of-state infamous crimes as soon as said persons are “pardoned or restored to the rights of citizenship by the governor or other appropriate authority of such other state," as well as the additional requirements set forth in Tenn. Code Ann. section 40-29-202, which requires that persons convicted of infamous crimes pay outstanding court costs, restitution and child support obligations before they can be re-enfranchised. Justice Sharon Lee dissented, stating that the plaintiff had been granted clemency, which restored his voting rights, so the requirement under section 40-29-202 does not apply because the plaintiff had no need to have his voting rights restored.

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.