Tennessee disenfranchises the second most people in the country 421k, second only to Texas and has the most complicated voter restoration law of any state. We are the only state that requires an individual to be up to date on child support to get their voting rights back. & Tennessee has the 2nd highest disparate impact on black folks 21%, 2nd only to Kentucky. Many of the people who cannot get their voting rights restored are otherwise eligible but owe fines and fees.
By requiring that individuals pay all their criminal-legal fines and fees before exercising the franchise, Tennessee has created a two-tiered system of citizenship: Individuals who have financial means can pay and vote immediately, but poor individuals are denied participation in our democracy.
Wealth-based voting restrictions prove permanent for many people. Individuals owe an average of $13,607 in criminal legal-related obligations when they complete their incarceration. These numbers suggest that in many cases, people may spend years trying to repay their criminal-legal debts. The consequence is a wealth-based restriction that disenfranchises some people—the people too poor to pay—for decades or even life.
Fines and fees ultimately impact entire communities. Research shows that 63% of individuals—more than 6 in 10 people—borrow from family members when paying court debt. Among these family members, 20% must take out loans and 9% have their wages garnished. In short, court debt isn’t just a drag on the people who are indebted. It’s a drag on their husbands, wives, children, grandparents, and other relations.
Despite their prevalence, fees and fines often bring in limited revenue. Since fees and fines are levied primarily on those who can’t afford them, the collection rate is frequently low. A 2012 survey of Tennessee criminal courts found that criminal courts had only a 30% collection rate for fees and fines.
We are excited to launch the Free Hearts Fines & Fees Fund on the 100th anniversary of women’s suffrage to help restore the voting rights of Tennesseans, and to continue to build the political power to fight this and other policies that hold us back. Please consider supporting this fund and sharing the fund to your network.