Lesson 3 of 5
Voting in Tennessee
Who may vote, how to register, photo ID, and early and absentee voting.
The text
The elections shall be free and equal, and the right of suffrage, as hereinafter declared, shall never be denied to any person entitled thereto, except upon a conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgment thereon by court of competent jurisdiction.
Every person, being eighteen years of age, being a citizen of the United States, being a resident of the State for a period of time as prescribed by the General Assembly, and being duly registered in the county of residence for a period of time prior to the day of any election as prescribed by the General Assembly, shall be entitled to vote in all federal, state, and local elections held in the county or district in which such person resides. All such requirements shall be equal and uniform across the state, and there shall be no other qualification attached to the right of suffrage.
The General Assembly shall have power to enact laws requiring voters to vote in the election precincts in which they may reside, and laws to secure the freedom of elections and the purity of the ballot box.
All male citizens of this State shall be subject to the performance of military duty, as may be prescribed by law.
Laws may be passed excluding from the right of suffrage persons who may be convicted of infamous crimes.
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Who may vote
Article IV, Section 1 of the Tennessee Constitution gives the vote to every person who is 18, a U.S. citizen, a Tennessee resident, and registered in the county of residence for the period the General Assembly sets, and says "there shall be no other qualification attached to the right of suffrage." Article I, Section 5 requires elections to be "free and equal," and allows the right to vote to be lost only upon a jury conviction for an "infamous crime." Article IV, Section 2 lets the legislature exclude people convicted of infamous crimes; a person with a felony conviction generally must have voting rights restored under state law before registering. See the Secretary of State's guide to restoration of voting rights or ask your county election commission if this applies to you.
How to register
- Register online or with a paper form you mail to your county election commission. Paper forms are also available at county election commission offices, county clerk's offices, public libraries and register of deeds offices, and you can register during a transaction with certain state agencies, including the Department of Safety's driver services.
- The deadline is 30 days before the election; a mailed form must be postmarked at least 30 days before (Tenn. Code Ann. § 2-2-109).
- Update your registration when you move.
Source: Tennessee Secretary of State, How to Register to Vote.
Photo ID
Tennessee requires voters at the polls to show a photo ID issued by the federal government or the State of Tennessee, such as a Tennessee driver license (not a temporary license), U.S. passport, U.S. military photo ID, or Tennessee handgun carry permit with your photo. College student IDs and IDs issued by a county, city or public library are not accepted. A voter without an acceptable ID may cast a provisional ballot, which counts only if the voter shows an acceptable ID at the county election commission office by the close of business on the second business day after the election. A voter who is indigent and cannot get an ID without paying a fee, or who has a religious objection to being photographed, may instead sign an affidavit of identity. Registered voters who lack an ID can get a free photo ID for voting from the Department of Safety.
Source: Tenn. Code Ann. § 2-7-112; Secretary of State, ID requirements when voting.
Early and absentee voting
- Early voting in person is open to any registered voter and generally runs from 20 days to 5 days before an election (it can end earlier, for example in a presidential preference primary). Your county sets the hours and locations.
- Absentee voting by mail is available only for reasons set by law (for example, being 60 or older, or being outside your county during the early voting period and during all the hours the polls are open on Election Day, or certain illnesses and disabilities). Request the ballot no earlier than 90 days and no later than 10 days before the election (Tenn. Code Ann. § 2-6-202).
Source: Secretary of State, absentee voting guide.
Why it matters
The Fifteenth, Nineteenth and Twenty-sixth Amendments forbid denying the vote on account of race, sex or age (for those 18 and older). On August 18, 1920, the Tennessee House completed Tennessee's ratification of the Nineteenth Amendment, making Tennessee the 36th state to ratify and supplying the three-fourths of the states needed (National Archives). Turnout in primaries and local elections is often low, so a few hundred votes can decide who represents you. Check "My Officials" to see who is on your ballot.
Election rules change. Confirm deadlines and ID rules with the Tennessee Secretary of State or your county election commission before each election.
Check your understanding
This lesson is educational and is not legal advice. Laws and procedures change; confirm current rules with the official sources linked above.