Legislative update: Bills passed to preserve integrity of voting system, constable testing
The 113th General Assembly has adjourned for 2023, and it was a very successful year. We have taken measures for Tennessee to be a better place to live, work, and raise a family. I will go over some of the laws passed in this session.
Certifying Presidential Primary Ballots - This law requires candidates for president on the primary ballot to be certified by the State Party Chair, rather than the Secretary of State who was the previous certifying authority. The law requires the state coordinator of elections to certify to the county election commissions which names will appear on the ballot for each political party. It also requires members of the State Election Commission to disclose if they receive payment for any services related to elections. Failure to timely disclose election services is cause for removal. This provision is intended to prevent conflicts of interest for serving members.
Preventing abuse of fail-safe balloting - This law strengthens election integrity in Tennessee by putting protections in place to prevent abuse of “fail-safe balloting.” Under this process, if the address on a voter’s ID does not match his/her current address, then that voter casts a fail-safe ballot and signs an affidavit stating that he/she does not live at the address where the vote is being cast. This law allows a candidate to request a list of all the voters who changed their address at the polling place to vote in the election along with copies of the fail-safe affidavits. The law also states that in the event of a recount, the state election commission must verify the address of all fail-safe ballots.
Enhancing awareness of elections rules - This law requires the officer of elections at each polling place to post a sign on election day informing voters that it is a Class C misdemeanor to vote in a political party’s primary without being a bona fide member of or affiliated with that political party.
Procedural changes for polling places - This law removes the requirement that a voter’s Social Security number be part of the information that election offices send to precincts on election day. This change prevents sensitive information from being released to the public. It also removes the antiquated requirement that colored ballots be used for primary elections and requires polling places to have a printed polling book in addition to an electronic one.
Ensuring correct voter precincts – This new law will ensure that all voters are voting in the correct precinct and district. It will require the state coordinator of elections to submit a list of registered voters to the Comptroller after redistricting every ten years. The Comptroller must then compare the list of registered voters to the Comptroller's geographic information system data to ensure that each registered voter has been assigned to the correct congressional, state, and county governing body districts. This measure will help with any confusion when it comes to redistricting.
Streamlining Special Elections - This new law removes the requirement that a local governing body must wait 90 days before notifying the county election commission requesting a special election to be held and instead allows the board of commissioners in cities that operate under a city-manager commission charter to call for a special election to fill a vacancy on the board. The board of commissioners can invoke this option by a two-thirds majority vote of the board.
Bureau of Ethics and Campaign Finance staff - Under a new law, the Bureau of Ethics and Campaign Finance Executive Director can hire or replace Bureau staff without board approval. The law also simplifies procedures for the Bureau of Ethics and Campaign Finance, increases its ability to effectuate responsibilities and decreases annual costs to save taxpayer dollars. Furthermore, it establishes procedures to address and write off civil penalties that cannot be collected due to death or other issues and allows the registry and ethics committee to use email for notice to filers.
Registry of Election Finance –This law strengthens laws governing the state Registry of Election Finance by expanding oversight of political campaigns. The law sets limits on campaign contributions that a candidate can collect after an election by requiring candidates who are no longer in office but maintain a balance in their campaign account to submit bank statements with their campaign finance reports. The law also clarifies that the registry and the attorney general can investigate complaints against candidates and political action committees. It gives the attorney general and the district attorneys general more ability to investigate sworn complaints.
Tennessee Ethics Committee - A new law will simplify and streamline certain procedures for the Tennessee Ethics Committee, including disclosures, annual reports, and informal advisory opinions. It also requires certain additional information to be reported to the commission by local governing bodies and creates an annual reporting requirement for members and staff of the General Assembly who are contracted to provide campaign services for a period exceeding twelve months.
Cognitive Tests for Constables- A new law will require candidates for the office of constable to undergo a cognitive and psychological test attesting to their mental and cognitive fitness to perform the duties of a constable. The test is to ensure that elected officials can effectively carry out the duties of their position.
Rep. Joey Hensley, R-Hohenwald, provides a weekly update on laws passed during the Tennessee General Assembly.
This article originally appeared on Nashville Tennessean: Legislative update: Bills passed to preserve integrity of voting system, constable testing
