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The Residency Integrity Act
Safeguarding Tennessee Ballots From Beyond Our Borders
Ensuring Tennessee Elections Are Decided by Tennesseans

​The Issue

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When most people think of overseas voting, they picture deployed military members voting from bases or ships. Federal law rightly protects that right.

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But today, most overseas ballots are not cast by the military. They are cast by civilians living abroad—including some who have never lived in the United States at all and vote in Tennessee using a parent’s last address.

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This means a growing share of Tennessee elections is being decided under an honor system, even though those ballots count in the same state and local races that determine taxes, schools, and local leadership.

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How the System Changed

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Federal law (UOCAVA) covers:

  • Active-duty military

  • Eligible spouses and dependents

  • U.S. citizens living overseas
     

When UOCAVA was enacted, it was focused on service members. Today:

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  • Civilian overseas voters are the majority

  • Military ballots are now a minority of overseas voting

 

Yet the law treats all three groups the same—even though their connection to Tennessee can be very different.

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Registration on the Honor System

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Overseas voters register and request ballots using the Federal Post Card Application (FPCA).

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They typically:

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  • Self-attest to U.S. citizenship

  • Provide basic personal information

  • Sign a sworn statement
     

What they usually do not provide:

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  • A passport

  • A birth certificate

  • Any documentary proof of citizenship
     

By contrast, Tennesseans who live in the state must meet residency rules, deadlines, and ID requirements. For many overseas civilians, those safeguards are replaced by a signed form.

 

The “Never-Resided” Voter

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Under current Tennessee guidance:

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  • A U.S. citizen who has never lived in Tennessee—or the U.S. may vote here

  • They do so by using a parent’s last Tennessee address
     

These ballots can affect:

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  • Congressional races

  • State legislative races

  • Gubernatorial elections

  • Local offices and ballot issues
     

That means people who have never lived under Tennessee law or paid Tennessee taxes can still help decide who governs those who do.

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Why This Raises Concerns

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  • Tennessee’s Constitution ties voting to residency

  • State law defines residency by physical presence and intent to remain

  • “Never-resided” voting stretches those principles

  • Few voters realize how far this system reaches
     

This is not about accusing voters of wrongdoing—it’s about whether the rules make sense, are consistent, and protect local self-government.

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What the Residency Integrity Act Does

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The Residency Integrity Act would:

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  • Strengthen residency standards for overseas voting

  • Ensure a real, personal connection to Tennessee

  • Preserve full protections for deployed military voters

  • Add clarity and safeguards to overseas civilian voting

  • Align election law with constitutional residency principles
     

Questions for Lawmakers

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  • How many overseas ballots are coming from voters who never lived in Tennessee?

  • What proof of citizenship, if any, is required today?

  • Should state and local elections be decided by people who have never lived here?
     

Bottom Line

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The question is simple:
How far should the honor system reach into Tennessee’s elections?

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The Residency Integrity Act ensures that Tennessee elections are decided by Tennesseans, while continuing to honor and protect those who serve our country abroad.

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Copyright 2023 Tennessee Fair Elections

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