List Maintenance

Maintaining Data Integrity in Voter Registration Rolls

1. The Statutory Mandate

Dual Authority: List maintenance is governed by both federal law (the National Voter Registration Act of 1993, or NVRA) and Tennessee state law.
Verification Frequency: Under Tennessee Code Annotated (TCA) § 2-2-106(b), county election commissions must conduct a comprehensive address verification program at least biennially (every two years) to identify voters who have moved. However, the law explicitly permits the commission to conduct this process annually.

2. Continuous Voter Roll Cleanup Processes

Election commissions continuously remove ineligible voters based on objective data from authorized state and federal sources:

Deceased Voters

The state office of vital records must furnish a report of deceased persons (18 or older) to the State Coordinator of Elections on a monthly, or more frequent, basis. The Coordinator also obtains information from the federal Social Security Administration death master file annually. County commissions must purge deceased registered voters at least every thirty (30) calendar days, and this purge must be performed daily beginning on the first day of any early voting period through Election Day.

Felony Convictions

Registrations are purged upon receiving information of a conviction for an infamous crime from the State Coordinator of Elections, the District Attorney General, the United States Attorney, the clerk of the convicting court, or another source verified by the convicting court's clerk. Prior to January 1, 2028, a secure electronic portal must be created in collaboration with the TBI to verify ineligibility due to a TN felony conviction.

Non-Citizens

The State Coordinator compares the statewide database with the Department of Safety to ensure non-U.S. citizens are not registered. Comparisons are also explicitly authorized with relevant federal/state agencies, including the SAVE program and county records. If flagged, a notice is sent (TCA § 2-2-141). Prior to January 1, 2028, a secure electronic portal must be created with the Department of Safety to verify citizenship before processing applications.

Confirmed Moves Out of Jurisdiction

A person's registration shall be purged upon written confirmation from the voter that the voter has changed their address to a location outside the county of registration or has registered to vote in another jurisdiction.

3. Address Verification and "Inactive" Status

When evidence suggests a voter has moved but confirmation is lacking, federal and state law outline a mandatory process before removal:

Data Sources: Election commissions rely on the USPS National Change of Address (NCOA) service and returned non-forwardable mail to identify potential moves.
Confirmation Notice: Commissions must send a forwardable confirmation notice to the voter. This notice must include a postage prepaid, pre-addressed return form before changing a voter's status (TCA § 2-2-106(c)).
Designation of "Inactive" Status: If the voter does not respond, their status becomes Inactive. An “Inactive” voter remains registered and eligible to vote.

4. Protections at the Ballot Box

Fail-Safe Voting

Under Tennessee Code Annotated (TCA) 2025, fail-safe voting serves as a primary statutory mechanism to protect the voting rights of registered voters whose address has changed within their county of registration or who have been placed on inactive status.

1. Grounds for Eligibility A voter must utilize fail-safe voting if their registration is inactive (failed to respond to a notice) or if they moved within the county without updating their registration. Voters moving to a different TN county within 90 days of a state/federal election retain the right to vote at their last registered polling place.

2. Voting Procedure & Affirmation The voter must make a written affirmation of their current address on a standard commission form, swearing they are entitled to vote. This affidavit simultaneously serves as a transfer of registration form, allowing the election commission to update the voter's permanent record for future elections.

3. Location-Specific Failsafe Rules

Same Precinct or Inactive (No Move): Must complete the written affirmation before the officer of elections at their polling place or an early voting official.
Different Precinct (Early Voting): If appearing at an early voting site and making proper affirmation, the official allows them to vote the ballot for their new precinct of residence.
Different Precinct (Former Polling Place): The voter cannot cast a ballot there. An official must determine the correct polling place, require the written affirmation (indicating no vote cast at the former location), and give the voter a copy to take to their new polling place. Alternatively, a centrally located site may be established for these voters.
Different Precinct (New Polling Place): If appearing without the forwarded form from their old precinct, the official must verify the new address is within that precinct. The voter completes the affirmation, but their registered status must be confirmed by the election commission before the vote is counted.

4. Final Determination and Counting Unlike provisional ballots, which are held aside and evaluated by a central counting board after Election Day, a fail-safe voter who successfully completes the required affirmation at the correct polling place or early voting site is permitted to vote using the same method as any other voter at that location. These fail-safe votes are counted on the voting machine where the voter casts the ballot on Election Day.

Provisional Voting (TCA § 2-7-112)

Provisional voting procedures are explicitly mandated for individuals whose registration or eligibility is in question at the polling place, constituting a primary statutory failsafe for voters in Tennessee.

1. Grounds for Issuance A voter is entitled to cast a provisional ballot if they claim to be registered but eligibility cannot be determined, if an official asserts they are not registered, if they lack required photo ID, or if they requested an absentee ballot but do not have it to surrender.

2. Voting Procedure The voter completes a registration application (if needed) and a ballot application. They are issued a ballot and an envelope featuring an affidavit (requiring name, SSN, DOB, signature). The ballot is sealed in the envelope and deposited in a secure provisional box.

3. Verification and Counting Provisional ballots are not counted at the precinct. They are securely returned to the election commission, where a central counting board evaluates eligibility using county and state records, including safety, health, and human services databases.

4. Final Determination If confirmed eligible, the ballot is counted. If ineligible, or if the voter fails to provide valid photo ID within two business days, it is rejected. The administrator of elections must legally notify the voter by mail of any rejection and the specific reason for it.

5. Final Purge Process

Permanent Removal of Inactive Voters

The administrator of elections shall permanently purge the registration only if the voter fails to respond to the confirmation notice, does not appear to vote, and does not update their registration between the time the confirmation notice is sent and the second regular November election held after the notice was sent. (TCA § 2-2-106(e)).

Comprehensive Data Sources for List Maintenance

1. Sources Identifying Potential Address Changes (Triggering Inactive Status)

Under TCA § 2-2-106(c), information received from the coordinator of elections for the address verification program is explicitly authorized to include comparisons of voter addresses with:

USPS National Change of Address (NCOA): Postal service data on residence changes.
Returned Election Mail: Returned, non-forwardable correspondence from the election commission.
Department of Safety: Address comparisons from driver’s licenses and state IDs.
Other State Agencies: Address comparisons with welfare and public assistance records.
Commercially Available Data: Datasets such as credit agencies utilized by the State Coordinator.

2. Sources for Deceased Voters (Triggering Immediate Purge)

Under TCA § 2-2-133, deceased voters are removed using data supplied by the State Coordinator of Elections, processed locally every 30 days and daily during early voting:

State Office of Vital Records: In-state death reports of persons 18+ furnished monthly (or more frequently).
Social Security Administration: Master Death File data obtained annually by the Coordinator for cross-verification.

3. Sources for Felony Convictions (Triggering Immediate Purge)

Under TCA § 2-2-106(a)(4), purges occur upon receipt of official felony ("infamous crime") conviction data from:

State Coordinator of Elections
District Attorney General or United States Attorney
Clerk of the Convicting Court (or a source verified by the clerk)
TBI Electronic Portal: A state data system integrating Tennessee Bureau of Investigation records (mandated prior to Jan 1, 2028).

4. Sources for Citizenship Verification (Triggering Notice and Potential Purge)

Under TCA § 2-2-141, the Coordinator of Elections cross-references the statewide voter database to identify non-U.S. citizens. If flagged, the voter must provide proof of citizenship within 30 days to avoid removal. Data sources explicitly authorized include:

Department of Safety Database: Used to ensure non-citizens are not registered, integrated via an electronic portal mandated prior to Jan 1, 2028.
Federal SAVE Program: Systematic Alien Verification for Entitlements.
County Records & Other State/Federal Agencies