NASHVILLE, Tenn. — Tennessee lawmakers have passed legislation that reduces two major financial obstacles preventing people with felony convictions from regaining their voting rights, including the state’s distinctive mandate requiring complete child support payment.
The state’s Republican-controlled Legislature passed the Democratic-backed legislation, which now allows individuals to demonstrate one year of compliance with child support arrangements, including payment plans. The new law also removes the requirement to pay all court fees before voting rights can be restored.
Civil rights advocates have campaigned for years to reform Tennessee’s voting rights restoration process through legislative and legal channels. They describe these changes as the most significant reduction of voting restoration barriers in decades.
“This is huge and this is history,” stated Keeda Haynes, senior attorney for Free Hearts, an advocacy organization led by formerly incarcerated women.
The bipartisan legislation received support from most Republicans and unanimous Democratic backing. Republican Governor Bill Lee signed the measure into law last week, making it effective immediately.
“I think people are at a point where they want to just remove the barriers out of the way and allow people to be fully functional members of society,” explained Democratic House Minority Leader Karen Camper, one of the bill’s sponsors.
In 2023, state officials linked gun rights restoration to voting rights restoration and eliminated a paperwork-based process that avoided court proceedings. Election authorities claimed a court decision necessitated these changes, though voting rights advocates argued officials misunderstood the ruling.
Legislators separated voting and gun rights issues last year. However, voting rights advocates opposed other aspects of the legislation, including maintaining the court-based process where expenses can accumulate unless someone qualifies as indigent.
The financial requirement changes created an unusual division among legislative Republicans. Senate Speaker Randy McNally opposed the measure, while House Speaker Cameron Sexton backed it, emphasizing that people aren’t receiving payment forgiveness.
“They need to continue paying that, and as long as they do, then there’s a possibility (to restore their voting rights),” Sexton explained. “I really think that’s harder for people to argue against than maybe what something else was.”
Republican Representative Johnny Garrett, who opposed the bill, stated in committee that his decision depended on whether “there still can be an (child support) arrearage owed beyond that 12 months.”
According to Gicola Lane, Campaign Legal Center’s Restore Your Vote community partnership senior manager, some individuals face hundreds or thousands of dollars in overdue child support payments, with court costs potentially adding hundreds or thousands more.
Advocates attributed their success to focusing on specific goals, avoiding broader objectives like automatic rights restoration, disconnecting restitution payments from voting rights, or creating pathways for permanently disenfranchised individuals, including those convicted of voter fraud or most murder charges.
The Senate approved the legislation last year, with the House following suit this year.
Lawmakers originally enacted the child support requirement in 2006 as part of comprehensive legislation that established a voting rights restoration process outside the court system. Critics argued the child support rule unfairly penalized low-income parents.
At that time, Democrats maintained narrow legislative control in both chambers. Republicans held a slim Senate majority, but GOP defectors supported a Democratic speaker.
Last year saw the conclusion of a five-year federal lawsuit challenging Tennessee’s voting rights restoration system. Free Hearts and the Campaign Legal Center represented plaintiffs in the lengthy case, which witnessed several election policy modifications during its course.
According to a plaintiff’s expert’s 2023 lawsuit estimate, approximately 184,000 people have finished felony supervision and their convictions don’t prevent voting rights restoration. About 10 percent were estimated to have unpaid child support, while more than 60 percent owed court costs, restitution, or both.
Both Republican and Democratic-controlled states have simplified voting rights restoration procedures recently, though some states have added complications.
In Florida, after voters approved a 2018 constitutional amendment restoring voting rights for people with felony convictions, the Republican-led Legislature weakened the measure by requiring payment of fines, fees, and court costs.
Nearly half of states automatically restore voting rights upon release. Fifteen others restore rights after parole, probation, or similar periods, sometimes requiring outstanding court cost payments, according to the National Conference of State Legislatures. Maine and Vermont allow incarcerated individuals with felonies to retain voting rights, the NCSL reports.
Ten additional states, including Tennessee, require further government action. Virginia’s governor must intervene to restore voting rights for people with felony convictions. Some states, including Tennessee, permanently disqualify certain conviction types.
Virginia lawmakers this year have passed a proposed state constitutional amendment asking voters whether they support automatic voting rights restoration after prison release. Kentucky legislators have proposed similar voter consideration for automatically restoring voting rights after completing certain sentences, including probation.
