Tennessee Code Title 40. Criminal Procedure § 40-29-103

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) A petition for restoration of rights of citizenship must:

(1) Set forth the basis for the petitioner's eligibility for restoration, including:

(A) A list of each state and federal felony conviction of the petitioner;

(B) Whether the petitioner is eligible to have the right of suffrage restored under § 40-29-102(b) and (c); and

(C) Whether the petitioner is prohibited from possessing a firearm under § 39-17-1307(b), (f)(1), (h)(1)(D), (i), or (j);

(2) State the reasons the petitioner believes that the petitioner's citizenship rights should be restored;

(3) Be accompanied by satisfactory proof, such as certified records, sworn statements, and other documents or information, necessary to demonstrate to the court that the petitioner is both eligible for and merits having rights of citizenship restored; and

(4) In order to restore the petitioner's right of suffrage, include sworn statements by the petitioner demonstrating that the petitioner is eligible for restoration of the right of suffrage under § 40-29-102(b) and (c).

(b) The court may require any additional proof as it deems necessary to reach a just decision on the petition.

(c)(1) Prior to the court acting on a petition filed pursuant to this part, the court clerk shall notify:

(A) The district attorney general in whose county the petitioner resides and each district attorney general of the county in which each conviction occurred that a petition for restoration of rights of citizenship has been filed by the petitioner. The notice must be sent at least thirty (30) days prior to any hearing on or disposition of the petition. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing; and

(B) The coordinator of elections and the attorney general and reporter. The notice must be sent at least thirty (30) days prior to any hearing on or disposition of the petition. The attorney general and reporter, as counsel for this state, may intervene either in person or in writing for the purpose of objecting to the petitioner's eligibility for restoration of citizenship rights.

(2) If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, then the circuit court shall give the notice required in subdivision (c)(1) to the United States attorney, the district attorney general in whose district the petitioner is currently residing, the coordinator of elections, and the attorney general and reporter. The United States attorney, the district attorney general in whose district the petitioner is currently residing, and the attorney general and reporter have the same right to object to the petition as is provided in subdivision (c)(1).

(d) The petitioner has the burden of establishing by a preponderance of the evidence that the petitioner is eligible for restoration of each of the rights of citizenship sought in the petition. If an objection to the petition has not been filed with the court by a district attorney general, a United States attorney, or the attorney general and reporter within thirty (30) days of the notice sent pursuant to subsection (c), then the court may rule on the petition without a hearing.

(e)(1) The court shall order the restoration of the petitioner's full rights of citizenship and send a copy of the order to the state coordinator of elections if, upon the face of the petition or after conducting a hearing, the court finds:

(A) The petitioner is eligible for restoration of the right of suffrage under § 40-29-102(b) and (c);

(B) The petitioner is not prohibited from possessing a firearm under § 39-17-1307(b), (f)(1), (h)(1)(D), (i), or (j); and

(2)(A) If, upon the face of the petition or after conducting a hearing, the court does not find that the petitioner's full citizenship rights should be restored but does find that one (1) or more of the petitioner's citizenship rights should be restored, then the court shall so order; provided, however, that:

(i) The court shall not order the restoration of the petitioner's right to possess a firearm unless the person's full rights of citizenship are being restored and the person is not prohibited from possessing a firearm under § 39-17-1307(b), (f)(1), (h)(1)(D), (i), or (j); and

(ii) The court shall not order the restoration of the petitioner's right of suffrage unless the court finds that the petitioner is eligible for restoration of the right of suffrage under § 40-29-102(b) and (c).

(B) If the court determines that the petitioner's right of suffrage should be restored, then the court shall direct that a copy of an order restoring the right of suffrage be sent to the state coordinator of elections.

(f) All costs for a proceeding under this part must be paid by the petitioner; however, the court may waive the costs if the defendant is indigent.

(g) A person whose right of suffrage has been restored by order of the court pursuant to this section shall submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections shall verify with the coordinator of elections that the order was issued and, upon receiving the verification, shall issue the person a voter registration card entitling the person to vote.

(h) If a person obtained a court order prior to May 2, 2025, that restores the person's right of suffrage and the person submits a certified copy of the court order and a sworn statement signed by the person seeking restoration stating that the petitioner is eligible for restoration of the right of suffrage under § 40-29-102(c) to the administrator of elections of the county in which the person resides, then the administrator of elections shall provide a copy of the court order to the coordinator of elections within five (5) business days. The coordinator of elections shall verify the court order and, if the sworn statement is accurate and the person is otherwise eligible, inform the administrator of elections that the person must be issued a voter registration card entitling the person to vote. The coordinator of elections is authorized to develop a uniform form for the sworn statement required by this subsection (h).

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Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-29-103 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-29-103/

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