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Tennessee Eases Child-Support And Court-Cost Barriers For Restoring Voting Rights

Tennessee Eases Child-Support And Court-Cost Barriers For Restoring Voting Rights
FILE - The Tennessee Capitol is seen, Jan. 22, 2024, in Nashville, Tenn. (AP Photo/George Walker IV, File)(ASSOCIATED PRESS)

The Tennessee Legislature and Gov. Bill Lee have enacted a law easing two financial barriers to restoring voting rights for people with felony convictions: the state’s unique requirement to fully pay child support and the mandate to settle all court costs. The new rule permits applicants to show 12 months of compliance with child support orders, including approved payment plans, and removes the blanket court-cost payment requirement. Advocates called the change historic, but the law does not create automatic restoration and leaves some convictions permanently disqualifying.

NASHVILLE, Tenn. — Tennessee has revised two long-standing financial barriers that had prevented many people with felony convictions from regaining the right to vote. The new law, signed by Gov. Bill Lee, allows applicants to demonstrate 12 months of compliance with child support orders — including participation in approved payment plans — instead of requiring full payment of all past-due child support. It also severs the requirement that all court costs be paid in full before voting rights can be restored.

What the Law Changes

The Legislature, controlled by a Republican supermajority, approved the Democratic-sponsored measure, which took effect immediately upon the governor’s signature. Advocates and litigants who pushed for reform hailed the change as the most significant rollback of Tennessee’s voting-rights restoration restrictions in decades.

“This is huge and this is history,” said Keeda Haynes, senior attorney with Free Hearts, an advocacy group led by formerly incarcerated women.

Political Reaction and Key Concerns

The bill won broad, though not unanimous, Republican support and unanimous backing from Democrats. It exposed divisions among Republicans: Senate Speaker Randy McNally voted against the measure, while House Speaker Cameron Sexton supported it, saying the change doesn’t forgive obligations but allows restoration when a person has been meeting payment requirements for a year. Republican Rep. Johnny Garrett expressed concern in committee about whether arrears could still remain beyond the 12-month compliance window.

Background And Litigation

Election officials in 2023 and early 2024 had said Tennessee’s restoration system required either a court appearance or proof of a pardon rather than a purely administrative process, and they briefly tied restoration of gun rights to voting rights after interpreting a court order. Lawmakers addressed gun-rights linkage last year, but critics said some administrative actions misread court rulings. Free Hearts and the Campaign Legal Center were among plaintiffs in a nearly five-year federal lawsuit challenging the state’s system; that case was dismissed last year after prompting policy shifts.

Scope And Remaining Limits

Advocates welcomed the narrower financial relief but noted the law stops short of broader goals: it does not create automatic restoration of voting rights upon release, it leaves restitution separate from the new relief, and it does not open pathways for people permanently disqualified by certain convictions — including many murder charges and voter fraud — to regain voting privileges.

An expert for plaintiffs estimated in 2023 that about 184,000 Tennesseans had completed felony supervision and were not barred from restoration by the nature of their offenses. That estimate suggested roughly 1 in 10 had unpaid child support, while more than 6 in 10 owed court costs, restitution, or both — amounts that can run into the hundreds or thousands of dollars for some individuals.

National Context

States vary widely on restoration policies. Nearly half automatically restore voting rights upon release; others restore rights after parole or probation, sometimes conditioned on payment of fines or fees. Ten states, including Tennessee, require an additional government action to restore rights. Recent moves elsewhere include Florida’s legislative restrictions on a 2018 voter-approved restoration amendment and proposed constitutional amendments in Virginia and Kentucky to consider automatic restoration after release for certain people.

What To Watch: Implementation details — such as how courts and administrative agencies verify 12 months of compliance and how remaining arrears are handled — will determine how many people benefit and how quickly restoration occurs.

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