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HB 851 Protects Tennessee’s Constitutional Standard for Voting

  • electmichele
  • 1 day ago
  • 3 min read

At its heart, HB 851 — the Residency Integrity Act — addresses a straightforward principle:

Voting in Tennessee elections should be reserved for Tennessee residents.

That is not a partisan statement. It is a constitutional one.


The Tennessee Constitution requires residency in order to vote. Yet current statute includes language that allows:

“A United States citizen who was born abroad and who has never lived in the United States may register temporarily and vote in the county where a parent would be eligible to temporarily register and vote.”

In practical terms, that means someone who has never lived in Tennessee — and never lived anywhere in the United States — may vote in Tennessee elections based solely on a parent’s eligibility.


HB 851 corrects that inconsistency. As amended, the bill simply deletes that subsection and restores alignment with the constitutional requirement that voters be Tennessee residents.


Voting Rights Are Not Inherited

Citizenship may be passed down. Residency is not.

Voting rights in a particular state are based on where a person resides — not on where a parent once lived. We do not inherit the right to vote in a state the same way we inherit family history or citizenship status. Every Tennessean understands this in daily life. If you move to another state and establish residency there, you vote there — not in the state your parents once called home. HB 851 applies that same common-sense principle consistently.


This Does Not Affect Military Families

Tennessee law already protects members of the armed forces who establish residency here and later leave for service. They retain their Tennessee voting residency while stationed abroad. The same is true for civilians temporarily living overseas — missionaries, aid workers, contractors, students — so long as they have previously lived in Tennessee and maintain an intent to return. HB 851 does not change those protections. It simply prevents someone who has never lived in Tennessee from voting in Tennessee elections.


Why the Effective Date Matters

The bill includes an effective date of January 1, 2027. Because this is an election year, absentee ballot requests related to federal and state elections often begin well before Election Day. It is possible that ballot activity underway by July 1 could already be in process for the August primary. Changing eligibility standards mid-cycle would complicate implementation for administrators and voters alike.


The delayed effective date ensures clarity, stability, and orderly administration. It allows the next election cycle to proceed without disruption while still correcting the statute moving forward.


Keeping Our Laws Constitutionally Sound

I signed a pledge to the U.S. Citizens Elections Bill of Rights because I believe in clear, consistent, constitutionally grounded election laws. Voters deserve confidence that our statutes reflect the standards laid out in our Constitution.


When statutory language conflicts with constitutional requirements, even unintentionally, it creates confusion and potential vulnerability. The prudent course is to resolve that conflict before it becomes a legal challenge. HB 851 does exactly that.


A Simple Question of Residency

This bill does not expand or restrict federal citizenship. It does not remove voting rights from military members or Tennesseans living abroad. It does not impose new documentation requirements. It simply affirms a foundational principle: Tennessee elections should be decided by Tennessee residents.


Residency matters. Constitutional consistency matters. Election integrity matters.

HB 851 is a measured, responsible step to ensure our laws reflect those truths. This bill will be heard next Wednesday, March 4 in Elections & Campaign Finance subcommittee. Michele Reneau

TN State Representative

District 27

 
 
 

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