NASHVILLE, Tenn. — Tennessee election officials have expressed their discontent regarding a judge’s recent decision that reinstated voting rights for four individuals who, due to their felony convictions, are also prohibited from possessing firearms. This challenge comes in light of a new state law that mandates the resolution of gun rights and other “citizenship rights” for felons as a condition for regaining the ability to vote.
The officials filed their objections in a court motion just before the voter registration deadline on October 7. With that deadline now exceeded, prospects have diminished for these four individuals, as well as others with comparable challenges, aiming to claim their voting rights in the upcoming election.
As of now, the state has yet to approve or deny the applications submitted by these individuals seeking to have their voting rights restored, as stated by their attorney, Keeda Haynes. According to Haynes, “We believe the order is just as it stands, and we intend to request that the judge maintain this order and direct the elections division to register these individuals.”
In January, Tennessee officials amended the requirements concerning gun rights, declaring that individuals who have completed their felony sentences must regain all “full rights of citizenship” before their voting rights can be restored. This change was cited as a follow-up to a ruling by the state Supreme Court in July 2023.
Voting rights advocates argue that the state has misinterpreted the court’s ruling, consequently complicating an already intricate and difficult process for granting voting rights to those with felony convictions.
The case involving these four voters represents one of the initial instances compelling officials to justify this new requirement in court. Advocates have cautioned that linking the restoration of voting rights to gun rights could disenfranchise a significant number of voters due to the nature of certain felony charges, particularly those involving drug offenses or violence, which often lead to restrictions on gun ownership.
Judge Angelita Blackshear Dalton of the Davidson County Criminal Court ruled on a previous occasion that the four individuals should regain their voting rights. She argued that if a felony conviction prevents someone from reclaiming their gun rights, existing state case law still allows for the restoration of their voting and other citizenship rights.
In a recent motion, state officials contended that the judge had misapplied legal precedents. The office of Attorney General Jonathan Skrmetti requested changes to the prior order, stating that only some of the individuals’ “full rights of citizenship” should be restored and opposing the idea that “full” citizenship rights included voting rights when gun rights could not be regained. According to state officials, even if a judge rules in favor of restoring voting rights, the state retains the authority to determine eligibility for voter registration.
“The definition of ‘full’ does not fluctuate to permit fewer rights just because a felony is more serious,” the state maintained. “Full remains as it is.”
In another instance, the elections office turned down a man’s voter registration application even after a judge had restored his citizenship rights—including his voting rights—while still barring him from owning firearms. His attorneys contended that the election coordinator should face contempt charges for refusal to process his registration, but the judge ruled there was no basis for such a finding against Tennessee Elections Coordinator Mark Goins.
Tennessee’s system for restoring voting rights has been engulfed in a lawsuit since 2020. Plaintiffs have raised concerns regarding the ambiguity surrounding responsible officials for signing vital forms, the absence of clear criteria for denials, and the lack of an appeal process. This lawsuit seeks to challenge these more stringent regulations and will proceed to trial on December 10.
Established by a 2006 statute, the process allows individuals with felony convictions to apply for the restoration of voting rights if they can demonstrate they’ve served their sentences and settled any outstanding court fees or child support. Now, applicants must also have their citizenship rights reinstated via a court ruling or through a pardon from a high-ranking official before navigating the previous restoration procedure.
While expungement provides another avenue for recovering voting rights, many felony offenses remain ineligible for this option. Earlier this year, Republican leaders opted to delay any legislative changes regarding voting rights until after the election, with several prominent figures asserting that individuals who wish to retain their voting rights must adhere to the law. Instead, they decided to study issues surrounding citizenship rights and propose modifications after reconvening in January.
Tennessee is home to an estimated 470,000 disenfranchised felons, who encounter a complex restoration process that is uniquely inaccessible for certain offenses, according to a report from The Sentencing Project updated in 2023. The document reveals that 9% of Tennessee’s voting-age populace is disenfranchised due to felony convictions, a statistic that soars to over 21% among African Americans.
