How This Red State Keeps Nearly Half a Million People From Voting

Republicans are fine with “Regulation” when it benefits their lopsided elections.

Nearly 500,000 people in Tennessee will be barred from voting in the upcoming presidential election, with critics claiming new electoral rules will likely disproportionately affect Black and Latinx people.

Those convicted of certain felony crimes in Tennessee (tried in any U.S. state) have previously been able to vote only if they had been pardoned or had their voting rights restored. Felons convicted of extremely serious crimes, such as first-degree murder, may or may not have voting rights restored—depending on the year in which the conviction took place, according to the Tennessee Secretary of State.

Under the Tennessee constitution, a condition of citizenship is the right to bear firearms. But felons, once they have finished their sentences, in Tennessee and elsewhere, are prohibited from purchasing, storing or carrying guns.

In the summer of 2023, state election officials perceived a Tennessee Supreme Court decision as mandating that anyone with felony convictions seeking reinstatement of their voting rights must either have their complete citizenship rights reinstated by a judge or prove they have been pardoned. Newsweek has contacted the Secretary of State for Tennessee for comment and clarification via the form on its website.

Before, a Tennessee felon seeking to regain voting rights had to settle all outstanding debts and obtain government officials' approval by submitting a "certificate of restoration" form to confirm their eligibility to vote.

According to the new requirement, someone with a felony must first obtain a pardon from the governor or have a court reinstate their full citizenship rights—which includes the right to bear arms. After fulfilling this, the person must then proceed with the certificate of restoration process to have their voting rights reinstated.

A 2022 estimate by the Sentencing Project, which describes itself as a nonpartisan criminal justice nonprofit, puts the percentage of voting-age people who are unable to vote due to a felony conviction at 9 percent, or approximately 471,000 people. The project says the rule change is likely to disproportionately affect Black and Latinx people.

"Tennessee denies voting rights to 21 percent of Black voting age citizens and 8 percent of Latinx voting age citizens due to system involvement. The rate of disenfranchisement for Black Tennesseans is nearly four times the national average for Black Americans," the Sentencing Project previously reported.

It is believed to be the first change of its kind in the U.S., according to nonpartisan government watchdog group Campaign Legal Center. Some advocates for voting rights have said the interpretation by officials was misguided.

"Despite the Tennessee legislature's clear intent to create meaningful pathways for voting rights restoration, the Elections Division, with help from the Attorney General's office, continues to twist the law into tortured knots to prevent the 475,000 Tennesseans, including over 20 percent of voting age Black Tennesseans, with past felony convictions from voting," Blair Bowie, director of Campaign Legal Center's Restore Your Vote, told The Associated Press.

The change has subsequently halted the restoration of almost all voting rights for those who are currently in the application process, with 60 people denied and only one person approved, according to AP. Data seen by the Associated Press from the Secretary of State's office indicates that approximately 200 people were granted approval prior to this, while 120 were denied.

In a statement made to The Tennessean this week, Coordinator of Elections Mark Goins confirmed that full citizenship rights in Tennessee must be restored in order to vote.

"When someone commits a felony in the state of Tennessee, that person forfeits the right to vote in future Tennessee elections," Goins said in the statement. "The legislature provided a path for those who committed a felony and seek to regain the right to vote."

The change came about following depositions made in a lawsuit involving one person who was trying to restore their voting rights, resulting in the elections board making a broader policy change.

"The Tennessee Supreme Court made it clear through Falls v. Goins that a felon must receive a pardon from the governor or other appropriate authority or have his or her full citizenship rights restored as part of the path to regain the right to vote," Goins continued.

"Under the Tennessee Constitution, the right to bear arms is a right of citizenship. Specifically, Article I Section 26 of the Tennessee Constitution states, 'That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.'"