2-6-201 - Methods of voting absentee. - Tennessee Statutes

2-6-201. Methods of voting absentee.

A registered voter in any of the following circumstances may vote absentee by mail in the procedures outlined in this part:

     (1)  Persons Outside of County.  If the voter will be outside the county where the voter is registered during the early voting period and on election day during all the hours the polls are open for any reason other than the fact that the voter will be imprisoned;

     (2)  Students and Spouses Outside of County.  If a voter is enrolled as a full-time student in an accredited college, university or similar accredited institution of learning in this state which is outside the county where the voter is registered. This provision also applies to the spouse of the student who resides with the student;

     (3)  (A)  Permanent Absentee Voting Register.  The county election commission shall establish a permanent absentee voting register for any person who is, because of sickness, hospitalization or physical disability unable to appear at either the commission office or at the person's polling place for the purpose of voting. To be eligible for placement on the register, a voter shall file a statement by the person's licensed physician with the county election commission stating, under the penalty of perjury, that in the physician's professional medical judgment, the patient (voter) is medically unable to appear at the polling place to vote and is medically unable to go to the commission office for the purpose of early voting. The voter shall file the physician's statement and the application not less than seven (7) days before the election. The administrator of elections shall attach the physician's statement to the voter's permanent registration record. Without any further request, the administrator shall send to each person placed on the permanent absentee voting register an application for an absentee ballot for each election in which the person may vote;

          (B)  Residents of Certain Institutions.  In the case of individuals who are full-time residents of any licensed nursing home, home for the aged or similar licensed institution providing relatively permanent domiciliary care, other than a penal institution, outside the voter's county of residence, the procedure for voting shall substantially follow the provisions established in subdivision (3)(A) for voters on the permanent absentee voting register, or the voter may vote under the procedures established in subdivision (1) for voters outside of the county;

     (4)  Jurors.  If an individual expects to be unable to appear during the early voting period or at the polling place on election day because the person is serving as a juror for a federal or state court;

     (5)  Persons Over 65 Persons Hospitalized, Ill or Disabled. 

          (A)  A person sixty-five (65) years of age or older when the person requests to vote absentee;

          (B)  The person is a voter with a disability as defined in § 2-3-109, and the voter's polling place is inaccessible;

          (C)  The person is hospitalized, ill or physically disabled, and because of such condition, the person is unable to appear at the person's polling place on election day; or

          (D)  The person is a caretaker of a hospitalized, ill or disabled person;

     (6)  Candidates for Office.  Without stating any reason therefor, if the voter is a candidate for office in the election for which the voter seeks to cast an absentee ballot;

     (7)  Election Officials Election Commission Members or Employees.  If the person is an election official or a member or employee of the election commission on election day;

     (8)  Observance of a Religious Holiday.  If the voter cannot appear during the early voting period or at the polling place because of observance of a religious holiday; or

     (9)  Persons Possessing a Valid Commercial Driver License.  A voter who possesses a valid commercial driver license and who certifies that the voter:

          (A)  Will be working outside of the county or state where the voter is registered during the early voting period and on election day during all the hours the polls are open; and

          (B)  Has no specific out-of-county or out-of-state location to which mail may be sent or received during such time;

may complete an application to vote absentee by mail at the voter's county election commission office or complete an absentee by-mail application pursuant to § 2-6-202(a)(3); provided, that if applicable, such voter satisfies the requirements of § 2-2-115(b)(7). In order for the absentee application to be processed, the voter must provide the commercial driver license number on the voter's current commercial driver license and provide a current residential address and any mailing address to which the ballot shall be mailed.

[Acts 1972, ch. 740, § 1; 1973, ch. 399, § 1; 1975, ch. 133, § 1; 1975, ch. 381, § 1; 1978, ch. 814, §§ 1, 2; 1978, ch. 861, §§ 1, 4; 1979, ch. 316, § 1; T.C.A., § 2-602; Acts 1980, ch. 638, §§ 4-6, 8; 1983, ch. 450, § 3; 1985, ch. 90, § 1; 1986, ch. 763, § 1; 1989, ch. 455, § 1; 1990, ch. 731, § 1; 1991, ch. 70, § 1; 1991, ch. 71, §§ 1, 2; 1991, ch. 184, § 3; 1993, ch. 518, §§ 8-10, 21; T.C.A., § 2-6-102; Acts 1994, ch. 859, § 2; 1997, ch. 558, §§ 11, 20; 2003, ch. 33, § 1; 2007, ch. 48, § 3; 2008, ch. 928, § 11.]