Tenn. Code Ann. § 2-6-201

Methods of voting absentee

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A registered voter in any of the following circumstances may vote absentee by mail in the procedures outlined in this part:

(1)Persons Outside of County. If the voter will be outside the county where the voter is registered during the early voting period and on election day during all the hours the polls are open for any reason other than the fact that the voter will be imprisoned;

(2)Students and Spouses Outside of County. If a voter is enrolled as a full-time student in an accredited college, university or similar accredited institution of learning in this state which is outside the county where the voter is registered. This provision also applies to the spouse of the student who resides with the student;

(3)
- (A)Permanent Absentee Voting Register. The county election commission shall establish a permanent absentee voting register for any person who is, because of sickness, hospitalization or physical disability unable to appear at either the commission office or at the person's polling place for the purpose of voting. To be eligible for placement on the register, a voter shall file a statement by the person's licensed physician with the county election commission stating, under the penalty of perjury, that in the physician's professional medical judgment, the patient (voter) is medically unable to appear at the polling place to vote and is medically unable to go to the commission office for the purpose of early voting. The voter shall file the physician's statement and the application not less than ten (10) days before the election. The administrator of elections shall attach the physician's statement to the voter's permanent registration record. Without any further request, the administrator shall send to each person placed on the permanent absentee voting register an application for an absentee ballot for each election in which the person may vote;
- (B)Residents of Certain Institutions. In the case of individuals who are full-time residents of any licensed nursing home, home for the aged or similar licensed institution providing relatively permanent domiciliary care, other than a penal institution, outside the voter's county of residence, the procedure for voting shall substantially follow the provisions established in subdivision (3)(A) for voters on the permanent absentee voting register, or the voter may vote under the procedures established in subdivision (1) for voters outside of the county;

(4)Jurors. If an individual expects to be unable to appear during the early voting period or at the polling place on election day because the person is serving as a juror for a federal or state court;

(5)Persons Over 60 - Persons Hospitalized, Ill or Disabled.
- (A) A person sixty (60) years of age or older when the person requests to vote absentee;
- (B) The person is a voter with a disability as defined in § 2-3-109, and the voter's polling place is inaccessible;
- (C) The person is hospitalized, ill or physically disabled, and because of such condition, the person is unable to appear at the person's polling place on election day; or
- (D) The person is a caretaker of a hospitalized, ill or disabled person;

(6)Candidates for Office. Without stating any reason therefor, if the voter is a candidate for office in the election for which the voter seeks to cast an absentee ballot;

(7)Election Officials - Election Commission Members or Employees. If the person is an election official or a member or employee of the election commission on election day;

(8)Observance of a Religious Holiday. If the voter cannot appear during the early voting period or at the polling place because of observance of a religious holiday; or

(9)Persons Possessing a Valid Commercial Driver License or Transportation Worker Identification Credential. A voter who possesses a valid commercial driver license or a valid transportation worker identification credential and who certifies that the voter:
- (A) Will be working outside of the county or state where the voter is registered during the early voting period and on election day during all the hours the polls 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 pursuant to § 2-6-202(a)(3); provided, that if applicable, such voter satisfies the requirements of § 2-2-115(b)(7). In order for the absentee application to be processed, the voter must provide a photocopy of the commercial driver license or transportation worker identification credential, the commercial driver license number on the voter's current commercial driver license, if applicable, and provide a current residential address and a mailing address to which the ballot shall be mailed. This subdivision (9) also applies to the spouse of the person who possesses the commercial driver license.

Amended by 2024 Tenn. Acts, ch. 560,s 1, eff. 11/6/2024.

Amended by 2017 Tenn. Acts, ch. 245, s 4, eff. 5/2/2017.

Amended by 2013 Tenn. Acts, ch. 231, s 7, eff. 7/1/2013.

Acts 1972, ch. 740, § 1; 1973, ch. 399, § 1; 1975, ch. 133, § 1; 1975, ch. 381, § 1; 1978, ch. 814, §§ 1, 2; 1978, ch. 861, §§ 1, 4; 1979, ch. 316, § 1; T.C.A., § 2-602; Acts 1980, ch. 638, §§ 4-6, 8; 1983, ch. 450, § 3; 1985, ch. 90, § 1; 1986, ch. 763, § 1; 1989, ch. 455, § 1; 1990, ch. 731, § 1; 1991, ch. 70, § 1; 1991, ch. 71, §§ 1, 2; 1991, ch. 184, § 3; 1993, ch. 518, §§ 8-10, 21; T.C.A., § 2-6-102; Acts 1994, ch. 859, § 2; 1997 , ch. 558, §§ 11, 20; 2003 , ch. 33, § 1; 2007 , ch. 48, § 3; 2008 , ch. 928, § 11; 2012, ch. 1037, § 1.

Notes of Decisions

Cited in 15 cases (4 in the last 5 years), 2000–2023 · leading case: Memphis A. Philip Randolph Inst. v. Tre Hargett

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Memphis A. Philip Randolph Inst. v. Tre Hargett (2021) ca6 · cites it 8× “” Tenn. Code Ann. § 2-6-201 . Tennessee has acknowledged that the latter category includes “persons with special vulnerability to COVID-19 or who are caretakers of persons with special vulnerability to COVID-19.”

City of Memphis, Tennessee v. Tre Hargett, Secretary of State (2013) tenn · cites it 10× “See Tenn. Code Ann. § 2-6-201 (5)(A). -5- entity of this state, any other state, or the United States,” was amended to allow only photo ID cards “issued by the state of Tennessee[] or the United States.”

Memphis A. Philip Randolph Inst. v. Tre Hargett (2020) ca6 · cites it 4× “” Tenn. Code Ann. § 2-6-201 . One such category includes people who are hospitalized or ill, those with physical disabilities, or caretakers for such persons.”

Jeffery Lichtenstein v. Tre Hargett (2023) ca6 · cites it 3× “Tenn. Code Ann. § 2-6-201 . So only about 2.”

Memphis A. Philip Randolph Inst. v. Tre Hargett (2020) ca6 · cites it 2× “” Tenn. Code § 2-6-201. For example, Tennesseans may vote absentee by mail if they will be outside the county where they are registered during the voting period, id.”

Fay v. Merrill (2021) conn “, 387, quoting Tenn. Code Ann. § 2-6-201 (5) (C) (Supp. 2019).”

Millsaps v. Thompson (2001) ca6 “Tenn.Code Ann. § 2-6-201. See also Hilliard v.”

Earle J. Fisher v. Tre Hargett - Concurring In Part and Dissenting In Part (2020) tenn · cites it 15× “Tenn. Code Ann. § 2-6-201 (Supp. 2019). The Defendants offered no evidence as to why adding the Plaintiffs would tip the scale and result in an increased risk of fraudulent elections.”

Millsaps v. Thompson (2000) tned “§§ 2-6-201 - 2-6-202, all registered voters may vote early under TEVS, with only the restriction that they sign an application for a ballot before voting.”

Memphis A. Phillip Randolph Institute v. Hargett (2022) tnmd · cites it 7× “Specifically, the Sixth Circuit found that: When plaintiffs filed their amended complaint on June 12, 2020, Sweet was eligible to vote absentee based on a June 4, 2020 state-court injunction of the first-time voter law, which construed Tenn. Code Ann. § 2-6-201 (5) to permit…”

City of Memphis, Tennessee v. Tre Hargett, Secretary of State (2013) tenn · cites it 5× “See Tenn. Code Ann. § 2-6-201 (5)(A). -5- entity of this state, any other state, or the United States,” was amended to allow only photo ID cards “issued by the state of Tennessee[] or the United States.”

Show all 15 citing cases →

— Tenn. Code Ann. § 2-6-201(5) — 1 case

Memphis A. Phillip Randolph Institute v. Hargett (2022) tnmd “Specifically, the Sixth Circuit found that: When plaintiffs filed their amended complaint on June 12, 2020, Sweet was eligible to vote absentee based on a June 4, 2020 state-court injunction of the first-time voter law, which construed Tenn. Code Ann. § 2-6-201 (5) to permit…”

— Tenn. Code Ann. § 2-6-201(5)(A) — 4 cases

City of Memphis, Tennessee v. Tre Hargett, Secretary of State (2013) tenn “See Tenn. Code Ann. § 2-6-201 (5)(A). -5- entity of this state, any other state, or the United States,” was amended to allow only photo ID cards “issued by the state of Tennessee[] or the United States.”

Memphis A. Philip Randolph Inst. v. Tre Hargett (2020) ca6 “” Tenn. Code Ann. § 2-6-201 . One such category includes people who are hospitalized or ill, those with physical disabilities, or caretakers for such persons.”

— Tenn. Code Ann. § 2-6-201(5)(C) — 1 case

Earle J. Fisher v. Tre Hargett - Concurring In Part and Dissenting In Part (2020) tenn “Tenn. Code Ann. § 2-6-201 (Supp. 2019). The Defendants offered no evidence as to why adding the Plaintiffs would tip the scale and result in an increased risk of fraudulent elections.”

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