Tennessee Code Annotated

Tenn. Code Ann. § 55-50-336 (2026)

Photo identification license

✓ current as of May 2026

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(a)
- (1) Any person eighteen (18) years of age and older, upon submission of a satisfactory application and proof of identity, may be issued a photo identification license restricted in use to identification only. Proof of identity may be furnished by birth certificate or any other document as set forth in this chapter substantiating the identity of the applicant.
- (2) Any person less than eighteen (18) years of age may be issued, upon submission of a certified birth certificate, filing of an affidavit by the person's parent or legal guardian, proof of identity of the parent or legal guardian, and payment of the required fee and completion of application, a photo identification license.

(b) The photo identification license shall have substantially the same content as a driver license, but shall clearly indicate that it is not a driver license by having printed prominently thereon the following statement: "FOR IDENTIFICATION PURPOSES ONLY - NOT VALID FOR VEHICULAR USE."

(c) Photo identification licenses issued by the department shall be issued in the same manner as driver licenses.

(d)
- (1) Photo identification licenses issued by the department shall indicate on the license if the license holder has previously had a license revoked or suspended due to a conviction for violation of § 55-10-401.
- (2) Subdivision (d)(1) shall not apply to a person whose conviction is more than ten (10) years old and who is permanently handicapped and unable to drive a motor vehicle. If a person claims this circumstance the application shall be accompanied by any documentation required by the department to obtain a photo identification license.

(e) A photo identification license shall not be issued by the department to a person who has been issued a driver license that has not expired or that has not been revoked or suspended.

(f)
- (1) The department is authorized to issue a temporary photo identification license, which shall be valid only during the period of time of the applicant's authorized stay in the United States; or, if there is no definite end to the period of authorized stay, a period of one (1) year.
- (2) An applicant for a temporary photo identification license shall submit an application that includes proof of the applicant's identity, Tennessee residency, and authorized stay in the United States.

(g)
- (1) Notwithstanding § 55-50-323, a photo identification license issued pursuant to this section shall be provided free of charge to a person, if the person signs an affidavit stating the person:
  - (A) Does not have a valid government issued photo identification;
  - (B) Is a registered voter in this state; and
  - (C) Needs the photo identification license for voting purposes.
- (2) Notwithstanding subsection (e), a photo identification license may be issued to a person who meets the criteria of subdivisions (g)(1)(A)-(C) even if the person has a valid nonphoto bearing driver license.

(h)
- (1) A person who has attained sixty-five (65) years of age and who applies for a photo identification license may elect to receive a photo identification license that does not expire.
- (2) A non-expiring photo identification license will continue to be valid until cancelled or replaced. A replacement may be obtained at any time upon payment of the fee specified in § 55-50-323(a)(2)(J)(i).
- (3) A non-expiring photo identification license is subject to the limitations of § 55-50-331(i).

Amended by 2019 Tenn. Acts, ch. 145,s 3, eff. 7/1/2019.

Amended by 2019 Tenn. Acts, ch. 145,s 2, eff. 7/1/2019.

Acts 1937, ch. 90, § 6; 1943, ch. 56, § 1; mod. C. Supp. 1950, § 2715.14 (Williams, §§ 2715.19, 2715.19a); Acts 1955, ch. 114, § 4; 1967, ch. 97, § 1; 1967, ch. 370, § 1; 1969, ch. 176, §§ 1, 2; 1970, ch. 352, § 1; 1972, ch. 652, § 1; 1974, ch. 444, §§ 3, 4; 1974, ch. 748, § 31; modified; T.C.A. (orig. ed.), § 59-707; Acts 1980, ch. 817, § 1; 1982, ch. 767, § 1; 1984, ch. 942, § 1; 1987, ch. 446, § 9; 1988, ch. 584, § 7; T.C.A., §§ 55-7-107, 55-7-336; Acts 1990, ch. 830, § 2; 1996, ch. 639, § 1; 1999, ch. 374, § 4; 2000, ch. 675, § 1; 2007, ch. 194, § 21; 2011, ch. 423, § 1.

Notes of Decisions

Cited in 7 cases, 2004–2015 · leading case: City of Memphis, Tennessee v. Tre Hargett, Sec'y of State, 414 S.W.3d 88 (Tenn. 2013).

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City of Memphis, Tennessee v. Tre Hargett, Sec'y of State, 414 S.W.3d 88 (Tenn. 2013). · cites it 15× “For example, registered voters who need a photo ID card to vote are entitled to obtain one for free, Tenn. Code Ann. § 55-50-336 (g)(1), and indigent voters may vote -17- without photo ID by submitting an affidavit attesting to their indigency and identity, id.”

Nashville Student Org. Comm. v. Hargett, 155 F. Supp. 3d 749 (M.D. Tenn. 2015). · cites it 2× “Under § 2-7-112(c), acceptable forms of photo identification include: Tennessee-issued driver licenses; valid Tennessee-issued non-driver photo identifications (available pursuant to Tenn. Code Ann. § 55-50-336 ); valid United States passports; valid United States military…”

City of Memphis, Tennessee v. Tre Hargett, Sec'y of State (Tenn. 2013). · cites it 9× “For example, registered voters who need a photo ID card to vote are entitled -17- to obtain one for free, Tenn. Code Ann. § 55-50-336 (g)(1), and indigent voters may vote without photo ID by submitting an affidavit attesting to their indigency and identity, id.”

State of Tennessee v. Timothy L. Morton (Tenn. Crim. App. 2012). · cites it 6× “” Tenn. Code Ann. § 55-50-336 (b) (2008). The Department of Public Safety issues photo identification licenses in the same manner as drivers’ licenses.”

City of Memphis, Tennessee v. Tre Hargett, Sec'y of State (Tenn. Ct. App. 2012). · cites it 2× “11 Tenn. Code Ann. § 55-50-336 (g). 12 Tenn.”

State of Tennessee v. Frederick J. Schmitz, Jr. (Tenn. Crim. App. 2015). · cites it 2× “When the officer who effectuated the traffic stop discovered that the defendant was in possession of an identification card, see T.C.A. § 55-50-336(a)(1) (“Any person eighteen (18) years of age and older, upon submission of a satisfactory application and proof of identity, may…”

Bobbi Jo Fisher v. Tennessee Ins. Co. (Tenn. Ct. App. 2004). “1 Tennessee Code Annotated § 55-50-336 provides: 55-50-336. Photo identification license.”

— Tenn. Code Ann. § 55-50-336(a)(1) — 1 case

State of Tennessee v. Frederick J. Schmitz, Jr. (Tenn. Crim. App. 2015). “When the officer who effectuated the traffic stop discovered that the defendant was in possession of an identification card, see T.C.A. § 55-50-336(a)(1) (“Any person eighteen (18) years of age and older, upon submission of a satisfactory application and proof of identity, may…”

— Tenn. Code Ann. § 55-50-336(g)(1) — 2 cases

City of Memphis, Tennessee v. Tre Hargett, Sec'y of State, 414 S.W.3d 88 (Tenn. 2013). “For example, registered voters who need a photo ID card to vote are entitled to obtain one for free, Tenn. Code Ann. § 55-50-336 (g)(1), and indigent voters may vote -17- without photo ID by submitting an affidavit attesting to their indigency and identity, id.”

City of Memphis, Tennessee v. Tre Hargett, Sec'y of State (Tenn. 2013). “For example, registered voters who need a photo ID card to vote are entitled -17- to obtain one for free, Tenn. Code Ann. § 55-50-336 (g)(1), and indigent voters may vote without photo ID by submitting an affidavit attesting to their indigency and identity, id.”

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