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The Election Day Empowerment Act
Protecting Election Day Voting In Tennessee

What the Tennessee Constitution Says

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The Tennessee Constitution clearly defines Election Day.
Elections for the General Assembly are to be held on the first Tuesday after the first Monday in November—and must conclude that same day. Election Day is not a window; it is a single, defined day.

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What Federal Law Requires

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Federal law also establishes a uniform national Election Day for federal elections. Votes must be cast and received by Election Day, not days or weeks later. Courts have affirmed that Election Day statutes set a firm deadline, not a flexible timeline.

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In March 2025, the President reaffirmed this principle, directing compliance with federal law requiring elections to occur on the day established by statute.

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The Problem

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Tennessee currently allows 20 days of early voting, far beyond what is necessary to ensure access. This extended voting period:

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  • Conflicts with the spirit of the Tennessee Constitution

  • Undermines the concept of a uniform Election Day

  • Treats voting as a matter of convenience rather than a civic duty tied to a specific day

  • Is not required by the U.S. Constitution or federal law

 

Courts have consistently ruled that early voting is not a constitutional right, and states are not obligated to extend voting periods for convenience.

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What Americans Support

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  • 66% of Americans support limiting early voting to five days

  • Voters want elections that are clear, fair, and decisive, not stretched over weeks

 

The Proposed Solution

 

Amend Tennessee law to:

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  • Limit early voting to no more than 8 days

  • Begin early voting on the second Saturday before Election Day

  • End early voting on the Saturday immediately before Election Day

  • Preserve Election Day as the final and decisive day of voting

 

This approach balances access with constitutional integrity and restores respect for Election Day.

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Bottom Line

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Election Day matters.
Limiting early voting restores constitutional intent, aligns Tennessee with federal law, reflects public opinion, and strengthens confidence in our elections—without denying lawful voters the ability to participate.

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Copyright 2023 Tennessee Fair Elections

CheckMyVoteManualwitheditscompleted.pdf

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