A video produced by the New York Times was critical of Tennessee's voter rights restoration process. (Getty Images)
Gov. Bill Lee showed backing this week for easing the process enabling convicted felons to restore their voting rights once they’ve served their time and paid the price.
The Republican governor told reporters he will watch a New York Times video commentary critical of Tennessee’s voter rights restoration requirements, which is keeping nearly 500,000 people from voting.
“I certainly believe that our state should provide the opportunity for our citizens to vote in every way and to encourage them, all of them, to vote,” he said.
Lee added he believes the state and Secretary of State Tre Hargett have “worked really hard” to make elections “free and fair” but noted the system works better when all people engage in elections.
The video that came out this week introduces Memphis resident Sarah Bynum, a community activist who heads her neighborhood association and fought for park renovation, streets lights and regular garbage pickup but isn’t allowed to vote . Bynum hasn’t been able to restore her voting rights since serving time for an aggravated assault felony conviction stemming from a fight.
It “makes me feel like they are saying I’m not a citizen. You’re just here. Like I’m a foreigner in my own country. It makes you want to give up.”
– Sarah Bynum, a community activist unable to restore her voting rights
Bynum is one of nearly half a million Tennesseans — including 200,000 Black residents — who haven’t been able to restore their voting rights after being convicted of a felony, according to the video.
Tennessee is one of only a few states that allows felons to regain their voting rights on after going through a bureaucratic maze that requires them either to seek a pardon from the governor or take several steps to persuade a judge to grant their request.
Obtaining a pardon from the governor involves writing a letter that includes a narrative of the crime and five letters of recommendation, in addition to a certified copy of each criminal judgment, copies of related orders, diplomas, degrees, certificates of professional licenses as well as any outstanding fines and forfeitures.
Even with all of those documents, only 3% of all clemency requests were granted last fiscal year, the video notes.
Another option is to hire an attorney to persuade a judge to restore the rights of citizenship, which could cost upwards of $2,000 and much more if appeals are needed.
“And who doesn’t have a couple grand lying around?” the video says.
The applicant also must convince a judge to return his or her gun rights because the right to bear arms is part of citizenship in Tennessee, the video points out. It puts a bit of sarcasm on this segment with a picture of cartoon character Yosemite Sam.
Restoring voting rights after a felony is rare in Tennessee. This year, the process got harder.
Under that option, a certificate of restoration is required, proving all probation and court costs are paid, as well as restitution. A probation officer could fill out the certificate, but the person may be sent to a county clerk’s office where all outstanding fines and fees must be paid and paperwork provided as proof of payment.
“If Tennessee lawmakers designed this process to keep nearly half a million people from voting, they’ve been wildly successful,” the video says.
In fact, fewer than 1% of applicants are successful at restoring their voting rights.
Says Bynum, the failure to regain those rights “makes me feel like they are saying I’m not a citizen. You’re just here. Like I’m a foreigner in my own country. It makes you want to give up.”
The video notes that Gov. Lee could follow the example of Iowa Republican Gov. Kim Reynolds who used her executive power to restore voting rights automatically once a person serves their time.
Campaign Legal Center, a Washington, D.C.-based watchdog group, joined Free Hearts and the Tennessee NAACP in filing a lawsuit against the state in 2020 over the voter restoration process. It is awaiting trial.
In April a federal judge determined that Tennessee election officials can’t deny the opportunity for voter registration to eligible people who have felony convictions and that they must inform potential voters of eligibility requirements.
“For too long, Tennessee has maintained policies designed to confuse, mislead, burden and shut out fully eligible voters who never lost the right to vote at all,” said Blair Bowie, director of Campaign Legal Center’s Restore Your Vote program.
The Secretary of State’s Office did not respond to questions Wednesday.
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