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Bill

HB 2036

Election Laws - As introduced, prohibits a person from qualifying as a candidate in a primary election for federal office who holds dual citizenship or is not a natural-born citizen of the United States. - Amends TCA Title 2.

114th Regular Session (2025-2026) Introduced by Johnny Garrett

Tennessee would bar dual citizens and non-natural-born citizens from federal primary elections, duplicating constitutional requirements and likely conflicting with federal authority.

Taken off notice for cal in s/c Elections & Campaign Finance Subcommittee of State & Local Government Committee
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WeVote Research Nonpartisan
Bill Summary · HB 2036

Legislative bill overview

HB 2036 would prohibit candidates with dual citizenship or those who are not natural-born citizens from qualifying for federal office primary elections in Tennessee. The bill amends Tennessee Code Annotated Title 2 (elections law) to impose this additional state-level eligibility requirement beyond federal constitutional standards.

Why is this important

This bill directly conflicts with the U.S. Constitution's natural-born citizen requirement for federal offices, which is exclusively a federal matter. If enacted, it would likely face immediate legal challenges and potentially create confusion about candidacy eligibility, as Tennessee cannot impose stricter requirements than those established in the Constitution.

Potential points of contention

  • Constitutional authority: States lack power to add eligibility requirements for federal offices beyond those in the U.S. Constitution; this appears to exceed state jurisdiction
  • Dual citizenship scope: Millions of Americans hold dual citizenship legally and would be affected; the practical definition and verification of "dual citizenship" status is complicated
  • Enforcement mechanism: The bill lacks clarity on how Tennessee would verify citizenship status or prevent candidates from qualifying if federal law permits them to run

Compiled from official sources — confirm details with the bill’s official record.

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