Tenn. Code Ann. § 2-2-115
Registration by mail - Forms
- (a) Qualified voters may register by mail by use of postal card forms in such a manner as provided for in this section.
- (b)
- (1) The coordinator of elections shall prepare voter registration forms in accordance with this section and shall provide for the printing of an ample quantity of such registration forms to be distributed under this section.
- (2) Printed registration forms shall be designed to provide a simple method of registering by mail to vote. Registration forms shall include such matter as the coordinator of elections requires to ascertain the qualifications of an individual applying to register under this section and to prevent fraudulent registration.
- (3) Registration notification forms advising the applicant of the acceptance or rejection of the applicant's registration shall be completed and mailed by the county election commission to the applicant. If any registration notification form is undeliverable, it shall not be forwarded to another address but shall be returned to the county election commission mailing the form. If any registration notification form is returned as undeliverable and indicates an acceptance of a voter's registration, the administrator of elections shall mail a forwardable confirmation notice to the registrant at the address of registration with a postage prepaid, pre-addressed return form on which the voter may verify or correct the address information. Upon the mailing of the confirmation notice, the administrator of elections shall place the registration in inactive status pursuant to § 2-2-106(d).
- (4) The coordinator of elections or any county election commission is authorized to enter into agreements with the postal service and with departments and agencies of the federal government or appropriate state or local agencies, for the distribution of the registration forms, or to arrange for the distribution of such forms so as to effectuate the purpose of this section.
- (5) Whenever a state or county official has reason to believe that individuals who are not qualified voters are attempting to register to vote under this chapter, such official shall notify the coordinator of elections and request the assistance of the coordinator of elections to prevent the fraudulent registration. The coordinator of elections shall give such reasonable and expeditious assistance as the coordinator deems appropriate in such cases.
- (6) If a state or county official determines that there is a pattern of fraudulent registration, or any activities on the part of any individuals to vote who are not qualified voters, the coordinator of elections shall request the district attorney general within whose district these actions may occur, to bring action under this section. The district attorney general shall bring civil action in any appropriate court in Tennessee to secure an order to prevent fraudulent registration.
- (7)
- (A) Each person who registers by mail shall appear in person to vote in the first election the person votes in after such registration becomes effective. Before voting at the appropriate polling place or election commission office, such person shall present satisfactory proof of identity.
- (B) The requirement to appear in person to vote in the first election shall not apply to:
- (i) A person who is on the permanent absentee voting register; or
- (ii) A person who is in the address confidentiality program under title 40, chapter 38, part 6.
Amended by 2018 Tenn. Acts, ch. 1004, s 2, eff. 3/1/2019.
Acts 1972, ch. 740, § 1; 1975, ch. 308, § 1; 1977, ch. 218, §§ 1, 2; 1978, ch. 508, § 1; 1978, ch. 941, § 2; 1979, ch. 302, §§ 1, 2; 1979, ch. 306, §§ 11, 21; T.C.A., § 2-215; Acts 1980, ch. 580, § 1; 1980, ch. 638, § 7; 1981, ch. 478, § 6; 1983, ch. 157, §§ 1, 2; 1983, ch. 413, § 1; 1989, ch. 274, § 1; 1991, ch. 34, § 1; 1993, ch. 379, § 1; 1994, ch. 859, § 12; 1994, ch. 919, §§ 7-12, 33; 2000, ch. 756, § 2; 2011 , ch. 412, § 1.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1987–2023 · leading case: Memphis A. Philip Randolph Inst. v. Tre Hargett
Memphis A. Philip Randolph Inst. v. Tre Hargett (2021)
“On June 12, 2020, Plaintiffs amended their complaint and added a claim contesting Tennessee’s first-time voter restriction under Tenn. Code Ann. § 2-2-115 (b)(7). That same day, they filed a motion for preliminary injunction seeking to enjoin the enforcement of § 2-2-115(b)(7).”
Memphis A. Philip Randolph Inst. v. Tre Hargett (2020)
“On June 12, 2020, plaintiffs filed a motion for a preliminary injunction seeking to enjoin the enforcement of Tenn. Code Ann. § 2-2-115 (b)(7), which prevents individuals who registered to vote by submitting a registration form online or by mail from voting absentee during the…”
Mississippi State Chapter, Operation Push v. Allain (1987)
“See Tenn.Code Ann. § 2-2-115 (1986); Ala.Code § 17-4-134 (Cum.”
Memphis A. Phillip Randolph Institute v. Hargett (2020)
“ELI RICHARDSON UNITED STATES DISTRICT JUDGE 3 The Court notes that Tenn. Code Ann. § 2-2-115 (b)(7) includes, in addition to the first-time voter restriction, a requirement that a person who registered by mail “present satisfactory proof of identity” before voting in person.”
Memphis A. Phillip Randolph Institute v. Hargett (2020)
“” (2) Tenn. Code Ann. § 2-2-115 (b)(7), which provides that those who registered to vote in Tennessee by mail must “appear in person to vote in the first election the person votes in after such registration becomes effective.”
Memphis A. Phillip Randolph Institute v. Hargett (2020)
“40, “Preliminary Injunction Motion”) to the extent of enjoining the enforcement of Tenn. Code Ann. § 2-2-115 (b)(7)’s requirement that first-time voters who registered to vote by mail must appear in person to vote (“first-time voter requirement”).”
Earle J. Fisher v. Tre Hargett - Concurring In Part and Dissenting In Part (2020)
“olls are open; and (B) Has no specific out-of-county or out-of-state location to which mail may be sent or received during such time; may complete an application to vote absentee by mail at the voter’s county election commission office or complete an absentee by-mail application…”
Earle J. Fisher v. Tre Hargett (2020)
“Tenn. Code Ann. § 2-2-115 (7)(A) (2014 & Supp.”
Earle J. Fisher v. Tre Hargett (2020)
“Tenn. Code Ann. § 2-2-115 (7)(A) (2014 & Supp.”
Memphis A. Philip Randolph Inst. v. Tre Hargett (2023)
“See Tenn. Code § 2-2-115(b)(7). On September 9, 2020, the district court granted a preliminary injunction against enforcement of the first-time voter requirement.”
— Tenn. Code Ann. § 2-2-115(b)(7) — 2 cases
Earle J. Fisher v. Tre Hargett - Concurring In Part and Dissenting In Part (2020)
“olls are open; and (B) Has no specific out-of-county or out-of-state location to which mail may be sent or received during such time; may complete an application to vote absentee by mail at the voter’s county election commission office or complete an absentee by-mail application…”
Memphis A. Philip Randolph Inst. v. Tre Hargett (2023)
“See Tenn. Code § 2-2-115(b)(7). On September 9, 2020, the district court granted a preliminary injunction against enforcement of the first-time voter requirement.”
— Tenn. Code Ann. § 2-2-115(b)(7)(A) — 1 case
Memphis A. Philip Randolph Inst. v. Tre Hargett (2020)
“On June 12, 2020, plaintiffs filed a motion for a preliminary injunction seeking to enjoin the enforcement of Tenn. Code Ann. § 2-2-115 (b)(7), which prevents individuals who registered to vote by submitting a registration form online or by mail from voting absentee during the…”
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