Tennessee House Bill HB0851

Tennessee 2025-2026 Regular Session

• Introduced: 2/4/25
• Refer: 2/6/25
• Refer: 3/3/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 6, Part 5, relative to absentee ballots.

Summary

HB0851 revises Tennessee’s absentee voting rules for military voters, civilian overseas voters, federal-only voters, and their eligible dependents under the federal UOCAVA framework. The bill defines these voter categories in state law and requires applicants for temporary registration or absentee voting to provide documentary proof of U.S. citizenship and, for overseas voters, proof of overseas residence. It also directs county election commissions to review applications for deficiencies, notify applicants of missing information, and reject applications that do not meet the new documentation requirements. The bill further changes how UOCAVA ballots are requested, transmitted, tracked, and cured. It authorizes electronic application procedures, allows blank ballots to be delivered electronically or by mail depending on the voter’s request, creates a free-access system for voters to check ballot status, and establishes procedures for provisional handling when identifying information does not match election records. It also requires specific affidavits and witness requirements, prohibits completed ballots from being returned electronically, and mandates public reporting of UOCAVA ballot counts by voter category. Finally, it updates the statutory citation for the federal UOCAVA law to the current U.S. Code reference.

Impact

If enacted, the bill would add new eligibility and documentation requirements to Tennessee’s absentee voting laws for military and overseas voters, increasing the role of county election commissions in verifying citizenship, residency, and identity. It would also require the secretary of state to create or update administrative procedures, including electronic application options, ballot-tracking access, affidavit forms, and reporting systems. The measure would affect voters covered by UOCAVA, county election officials, and the secretary of state’s office, while amending Tennessee Code Annotated Title 2, Chapter 6, Part 5.

Sentiment

The available voting history suggests the bill was received favorably in subcommittee, passing the House Elections & Campaign Finance Subcommittee 6-0 with a recommendation for passage as amended and referral to the State & Local Government Committee. No committee transcript is provided, so there is no recorded debate to indicate broader support or opposition beyond that unanimous subcommittee vote. Overall, the procedural history points to at least initial legislative approval, though the amendment recommendation suggests members may have wanted changes before further consideration.

Contention

The main points of potential contention are the bill’s added proof-of-citizenship and proof-of-overseas-residence requirements, which could be viewed as strengthening election integrity but also as creating barriers for military and overseas voters. Another likely issue is the bill’s detailed verification and rejection process, including mandatory documentation, deficiency notices, and limits on accepting UOCAVA applications when registration is rejected. The bill also imposes witness requirements and prohibits electronic return of completed ballots, which may be seen as burdensome by some stakeholders while supported by others seeking tighter ballot security. Because there are no transcripts, specific arguments from supporters or opponents are not available.