Tenn. Code Ann. § 2-20-103 — TN Code / Title 2 / Chapter 20 / Section 2-20-103
Random selection of county election commissions to conduct audit - Automatic mandatory audits - Expenses - Certification that proper firmware loaded on voting equipment and that system settings are correct
Status: in_force

(a) (1) Starting with the first election in 2024, the secretary of state shall randomly select county election commissions that must conduct an audit after each August and November election. (2) The selection must occur on election day, and the coordinator of elections shall notify the selected county election commissions. County election commissions shall provide public notice of the time and location of the audit at least forty-eight (48) hours before the audit is conducted. (3) (A) After each August election, the secretary of state shall select at least three (3) counties to audit. (B) After each November election, the secretary of state shall select at least six (6) counties to audit. (4) The secretary of state shall select the audit methodology to be used in each selected county, from either a traditional tabulation audit, risk-limiting audit, or performance audit. (5) Staff of the division of elections responsible for training on how to conduct the audits shall attend training regarding the United States government accountability office's generally accepted government auditing standards. (b) (1) Following each August and November election, a county election commission utilizing a precinct-based optical scanner and not selected for audit shall, in accordance with this section, conduct automatic mandatory audits of the voter-verified paper ballots cast for the top race on the ballot, as described in subdivisions (b)(2) and (3). (2) For a November election, the county election commission shall, in accordance with this section, conduct automatic mandatory audits for the president of the United States in a presidential election and the governor in a gubernatorial election. (3) For an August election, the county election commission shall, in accordance with this section, conduct automatic mandatory audits for the highest race for county office. (4) The county election commission may select one (1) or more additional races to be audited. (5) The county election commission shall prepare for the audit in the following manner: (A) Prior to each election, the county election commission shall first ensure that each optical scan tabulator used to count absentee by-mail ballots, early voting ballots, and election day ballots have been cleaned of debris; (B) (i) For counties having a population of less than three hundred thousand (300,000), according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least one (1) voting precinct in the county; and (ii) For counties having a population of three hundred thousand (300,000) or greater, according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least five (5) voting precincts in the county; and (C) Before an optical scan tabulator may be used for the audit process, a printed tape of the election results must be generated and the electronic election results from the tabulator must be backed up onto a separate laptop. The optical scan tabulator must be cleared and reset. A zero tape from the optical scan tabulator must be printed before the tabulator may be used in the audit process. At least one (1) optical scan tabulator used to count election day ballots must be used to audit early voting ballots, and at least one (1) optical scan tabulator used to count early voting ballots must be used to audit election day ballots. (6) After the polls close, and at a place open to the public, the county election commission shall randomly select the voting precinct or precincts, as appropriate, and shall select at least one (1) precinct-based optical scan tabulator used to count ballots during early voting to be used for the automatic mandatory audit. The commission shall announce to the public the results of the random drawing. The random selection utilized by the county election commission must ensure that all voting precincts in the county and all precinct-based optical scan tabulators used to count ballots cast during early voting have an equal chance of being selected. (7) After the unofficial election results, excluding provisional ballots, have been determined and made public, a county election commissioner from the majority party and a county election commissioner from the minority party shall have all absentee by-mail ballots, all ballots cast during the early voting period, and all ballots cast on election day locked and sealed pursuant to § 2-6-311 until the county election commission convenes to conduct the audit. The county election commission shall also lock and secure each precinct-based optical scan tabulator used in the election process until the county election commission convenes to conduct the audit. (8) Before the election is certified, the automatic audit must be conducted in the following manner: (A) At a time and place open to the public, the county election commission shall identify the ballot boxes containing the absentee by-mail ballots cast in the randomly selected voting precinct or precincts and identify the ballot boxes containing the election day ballots cast in the randomly selected voting precinct or precincts. The election commission shall include in the audit only those absentee by-mail ballots that were counted by an optical scan tabulator rather than by hand. A county election commissioner from the majority party and a county election commissioner from the minority party, personally holding the keys to such ballot box or boxes, shall unlock the ballot box or boxes; (B) The election commission shall identify and remove from the respective ballot box or boxes each ballot cast in the absentee by-mail voting process in the selected precincts that were counted by an optical scan tabulator and each ballot cast on election day in the selected precinct or precincts; (C) (i) In auditing the precinct-based optical scan tabulator that had been used to originally count the early voting voter-verified paper ballots, the county election commission shall remove the early voting ballots contained in the ballot box of the optical scan tabulator and shall verify the accuracy of the unofficial election results by inserting such early voting ballots into the randomly selected optical scan tabulator. The county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit of such optical scan tabulator with the unofficial election results of the top race and each other race audited. The election commission shall publicly announce the results; (ii) In auditing the absentee by-mail ballots that were counted by an optical scan tabulator, the county election commission shall take the absentee by-mail ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject absentee by-mail ballots into a different precinct-based optical scan tabulator than that used to originally count the absentee ballots prior to certifying the election; (iii) In auditing the election day ballots, the county election commission shall take the election day ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject election day ballots into a different precinct-based optical scan tabulator than that used to originally count the election day ballots; and (iv) To judge the accuracy of the unofficial election results, the county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit with the unofficial election results of the top race and each other race audited obtained on election night. The election commission shall publicly announce the results; and (D) (i) If, as a result of the automatic audit, the county election commission finds that there is a variance of less than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, no hand count audit is required and the county election commission shall certify the election results as originally determined; (ii) If, as a result of the automatic audit, the county election commission finds that there is a variance of more than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, the county election commission shall randomly select at least three percent (3%) of the voting precincts in the county. The county election commission may include the voting precincts previously audited. The county election commission must identify the ballot box or boxes from the selected voting precincts, obtain the ballots out of those ballot boxes, and then insert such ballots into a different optical scan tabulator than that used to originally count the ballots. In addition, the county election commission may conduct a manual hand count of the same ballots subjected to the automatic audit described in this subdivision (b)(8)(D)(ii). The automatic audit or the manual hand count audit, if one is conducted, must be of the top race and each other race audited on the ballot in such voting precincts used in the expanded audit. The county election commission may expand the hand count to other races if a hand count is conducted. The county election commission shall publicly announce the results of the automatic audit and the manual hand count if a manual hand count is conducted; (iii) If all of the ballots in a race are counted as part of the manual hand count audit, the results of the hand count audit must be used as the official results to be certified by the county election commission; (iv) The results of a difference between precinct-based optical scan tabulations or the hand count audit must be available for use in an election contest filed pursuant to chapter 17 of this title; and (v) (a) A county election commission not selected for audit under subsection (a) and not required to conduct an audit under subsection (b) after the November election shall conduct a performance audit following the certification of each November election; (b) The coordinator of elections shall distribute guidance to each county election commission of the procedures to conduct an audit following each election; (c) The audit must include, but not be limited to, a review of the procedures for absentee by-mail ballots requested, transmitted, and returned; (d) The secretary of state shall randomly select six (6) counties where the performance audit will be conducted by the division of elections; and (e) Performance audits conducted by the county election commission must be completed by the ninetieth day after the election is certified. A report of the performance audit must be submitted to the secretary of state. (c) For elections in 2022 and 2024, expenses incurred by a county election commission or its members in the performance of its audit duties under this title must be paid out of the state treasury upon the certification of the chair and secretary of the county election commission to the secretary of state; provided, that the secretary of state shall review the claim and only those items certified by the secretary of state to the comptroller of the treasury must be paid. County election commissions are eligible for a reimbursement of their actual costs, not to exceed fifty dollars ($50.00) in audit set up costs per machine and thirty-five cents ($0.35) per ballot audited. (d) At the same time the machines are inspected under § 2-9-105 , the machine technicians shall certify in writing that the proper firmware is loaded on each unit of voting equipment and that system settings are correct. Amended by 2022 Tenn. Acts, ch. 965, s 3, eff. 5/2/2022. Acts 2008 , ch. 1108, §3; 2010 , ch. 612, §7; 2011 , ch. 301, § 2.
(a) (1) Starting with the first election in 2024, the secretary of state shall randomly select county election commissions that must conduct an audit after each August and November election. (2) The selection must occur on election day, and the coordinator of elections shall notify the selected county election commissions. County election commissions shall provide public notice of the time and location of the audit at least forty-eight (48) hours before the audit is conducted. (3) (A) After each August election, the secretary of state shall select at least three (3) counties to audit. (B) After each November election, the secretary of state shall select at least six (6) counties to audit. (4) The secretary of state shall select the audit methodology to be used in each selected county, from either a traditional tabulation audit, risk-limiting audit, or performance audit. (5) Staff of the division of elections responsible for training on how to conduct the audits shall attend training regarding the United States government accountability office's generally accepted government auditing standards.
(1) Starting with the first election in 2024, the secretary of state shall randomly select county election commissions that must conduct an audit after each August and November election.
(2) The selection must occur on election day, and the coordinator of elections shall notify the selected county election commissions. County election commissions shall provide public notice of the time and location of the audit at least forty-eight (48) hours before the audit is conducted.
(3) (A) After each August election, the secretary of state shall select at least three (3) counties to audit. (B) After each November election, the secretary of state shall select at least six (6) counties to audit.
(A) After each August election, the secretary of state shall select at least three (3) counties to audit.
(B) After each November election, the secretary of state shall select at least six (6) counties to audit.
(4) The secretary of state shall select the audit methodology to be used in each selected county, from either a traditional tabulation audit, risk-limiting audit, or performance audit.
(5) Staff of the division of elections responsible for training on how to conduct the audits shall attend training regarding the United States government accountability office's generally accepted government auditing standards.
(b) (1) Following each August and November election, a county election commission utilizing a precinct-based optical scanner and not selected for audit shall, in accordance with this section, conduct automatic mandatory audits of the voter-verified paper ballots cast for the top race on the ballot, as described in subdivisions (b)(2) and (3). (2) For a November election, the county election commission shall, in accordance with this section, conduct automatic mandatory audits for the president of the United States in a presidential election and the governor in a gubernatorial election. (3) For an August election, the county election commission shall, in accordance with this section, conduct automatic mandatory audits for the highest race for county office. (4) The county election commission may select one (1) or more additional races to be audited. (5) The county election commission shall prepare for the audit in the following manner: (A) Prior to each election, the county election commission shall first ensure that each optical scan tabulator used to count absentee by-mail ballots, early voting ballots, and election day ballots have been cleaned of debris; (B) (i) For counties having a population of less than three hundred thousand (300,000), according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least one (1) voting precinct in the county; and (ii) For counties having a population of three hundred thousand (300,000) or greater, according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least five (5) voting precincts in the county; and (C) Before an optical scan tabulator may be used for the audit process, a printed tape of the election results must be generated and the electronic election results from the tabulator must be backed up onto a separate laptop. The optical scan tabulator must be cleared and reset. A zero tape from the optical scan tabulator must be printed before the tabulator may be used in the audit process. At least one (1) optical scan tabulator used to count election day ballots must be used to audit early voting ballots, and at least one (1) optical scan tabulator used to count early voting ballots must be used to audit election day ballots. (6) After the polls close, and at a place open to the public, the county election commission shall randomly select the voting precinct or precincts, as appropriate, and shall select at least one (1) precinct-based optical scan tabulator used to count ballots during early voting to be used for the automatic mandatory audit. The commission shall announce to the public the results of the random drawing. The random selection utilized by the county election commission must ensure that all voting precincts in the county and all precinct-based optical scan tabulators used to count ballots cast during early voting have an equal chance of being selected. (7) After the unofficial election results, excluding provisional ballots, have been determined and made public, a county election commissioner from the majority party and a county election commissioner from the minority party shall have all absentee by-mail ballots, all ballots cast during the early voting period, and all ballots cast on election day locked and sealed pursuant to § 2-6-311 until the county election commission convenes to conduct the audit. The county election commission shall also lock and secure each precinct-based optical scan tabulator used in the election process until the county election commission convenes to conduct the audit. (8) Before the election is certified, the automatic audit must be conducted in the following manner: (A) At a time and place open to the public, the county election commission shall identify the ballot boxes containing the absentee by-mail ballots cast in the randomly selected voting precinct or precincts and identify the ballot boxes containing the election day ballots cast in the randomly selected voting precinct or precincts. The election commission shall include in the audit only those absentee by-mail ballots that were counted by an optical scan tabulator rather than by hand. A county election commissioner from the majority party and a county election commissioner from the minority party, personally holding the keys to such ballot box or boxes, shall unlock the ballot box or boxes; (B) The election commission shall identify and remove from the respective ballot box or boxes each ballot cast in the absentee by-mail voting process in the selected precincts that were counted by an optical scan tabulator and each ballot cast on election day in the selected precinct or precincts; (C) (i) In auditing the precinct-based optical scan tabulator that had been used to originally count the early voting voter-verified paper ballots, the county election commission shall remove the early voting ballots contained in the ballot box of the optical scan tabulator and shall verify the accuracy of the unofficial election results by inserting such early voting ballots into the randomly selected optical scan tabulator. The county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit of such optical scan tabulator with the unofficial election results of the top race and each other race audited. The election commission shall publicly announce the results; (ii) In auditing the absentee by-mail ballots that were counted by an optical scan tabulator, the county election commission shall take the absentee by-mail ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject absentee by-mail ballots into a different precinct-based optical scan tabulator than that used to originally count the absentee ballots prior to certifying the election; (iii) In auditing the election day ballots, the county election commission shall take the election day ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject election day ballots into a different precinct-based optical scan tabulator than that used to originally count the election day ballots; and (iv) To judge the accuracy of the unofficial election results, the county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit with the unofficial election results of the top race and each other race audited obtained on election night. The election commission shall publicly announce the results; and (D) (i) If, as a result of the automatic audit, the county election commission finds that there is a variance of less than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, no hand count audit is required and the county election commission shall certify the election results as originally determined; (ii) If, as a result of the automatic audit, the county election commission finds that there is a variance of more than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, the county election commission shall randomly select at least three percent (3%) of the voting precincts in the county. The county election commission may include the voting precincts previously audited. The county election commission must identify the ballot box or boxes from the selected voting precincts, obtain the ballots out of those ballot boxes, and then insert such ballots into a different optical scan tabulator than that used to originally count the ballots. In addition, the county election commission may conduct a manual hand count of the same ballots subjected to the automatic audit described in this subdivision (b)(8)(D)(ii). The automatic audit or the manual hand count audit, if one is conducted, must be of the top race and each other race audited on the ballot in such voting precincts used in the expanded audit. The county election commission may expand the hand count to other races if a hand count is conducted. The county election commission shall publicly announce the results of the automatic audit and the manual hand count if a manual hand count is conducted; (iii) If all of the ballots in a race are counted as part of the manual hand count audit, the results of the hand count audit must be used as the official results to be certified by the county election commission; (iv) The results of a difference between precinct-based optical scan tabulations or the hand count audit must be available for use in an election contest filed pursuant to chapter 17 of this title; and (v) (a) A county election commission not selected for audit under subsection (a) and not required to conduct an audit under subsection (b) after the November election shall conduct a performance audit following the certification of each November election; (b) The coordinator of elections shall distribute guidance to each county election commission of the procedures to conduct an audit following each election; (c) The audit must include, but not be limited to, a review of the procedures for absentee by-mail ballots requested, transmitted, and returned; (d) The secretary of state shall randomly select six (6) counties where the performance audit will be conducted by the division of elections; and (e) Performance audits conducted by the county election commission must be completed by the ninetieth day after the election is certified. A report of the performance audit must be submitted to the secretary of state.
(1) Following each August and November election, a county election commission utilizing a precinct-based optical scanner and not selected for audit shall, in accordance with this section, conduct automatic mandatory audits of the voter-verified paper ballots cast for the top race on the ballot, as described in subdivisions (b)(2) and (3).
(2) For a November election, the county election commission shall, in accordance with this section, conduct automatic mandatory audits for the president of the United States in a presidential election and the governor in a gubernatorial election.
(3) For an August election, the county election commission shall, in accordance with this section, conduct automatic mandatory audits for the highest race for county office.
(4) The county election commission may select one (1) or more additional races to be audited.
(5) The county election commission shall prepare for the audit in the following manner: (A) Prior to each election, the county election commission shall first ensure that each optical scan tabulator used to count absentee by-mail ballots, early voting ballots, and election day ballots have been cleaned of debris; (B) (i) For counties having a population of less than three hundred thousand (300,000), according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least one (1) voting precinct in the county; and (ii) For counties having a population of three hundred thousand (300,000) or greater, according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least five (5) voting precincts in the county; and (C) Before an optical scan tabulator may be used for the audit process, a printed tape of the election results must be generated and the electronic election results from the tabulator must be backed up onto a separate laptop. The optical scan tabulator must be cleared and reset. A zero tape from the optical scan tabulator must be printed before the tabulator may be used in the audit process. At least one (1) optical scan tabulator used to count election day ballots must be used to audit early voting ballots, and at least one (1) optical scan tabulator used to count early voting ballots must be used to audit election day ballots.
(A) Prior to each election, the county election commission shall first ensure that each optical scan tabulator used to count absentee by-mail ballots, early voting ballots, and election day ballots have been cleaned of debris;
(B) (i) For counties having a population of less than three hundred thousand (300,000), according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least one (1) voting precinct in the county; and (ii) For counties having a population of three hundred thousand (300,000) or greater, according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least five (5) voting precincts in the county; and
(i) For counties having a population of less than three hundred thousand (300,000), according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least one (1) voting precinct in the county; and
(ii) For counties having a population of three hundred thousand (300,000) or greater, according to the 2020 federal census or a subsequent federal census, the county election commission shall randomly select at least five (5) voting precincts in the county; and
(C) Before an optical scan tabulator may be used for the audit process, a printed tape of the election results must be generated and the electronic election results from the tabulator must be backed up onto a separate laptop. The optical scan tabulator must be cleared and reset. A zero tape from the optical scan tabulator must be printed before the tabulator may be used in the audit process. At least one (1) optical scan tabulator used to count election day ballots must be used to audit early voting ballots, and at least one (1) optical scan tabulator used to count early voting ballots must be used to audit election day ballots.
(6) After the polls close, and at a place open to the public, the county election commission shall randomly select the voting precinct or precincts, as appropriate, and shall select at least one (1) precinct-based optical scan tabulator used to count ballots during early voting to be used for the automatic mandatory audit. The commission shall announce to the public the results of the random drawing. The random selection utilized by the county election commission must ensure that all voting precincts in the county and all precinct-based optical scan tabulators used to count ballots cast during early voting have an equal chance of being selected.
(7) After the unofficial election results, excluding provisional ballots, have been determined and made public, a county election commissioner from the majority party and a county election commissioner from the minority party shall have all absentee by-mail ballots, all ballots cast during the early voting period, and all ballots cast on election day locked and sealed pursuant to § 2-6-311 until the county election commission convenes to conduct the audit. The county election commission shall also lock and secure each precinct-based optical scan tabulator used in the election process until the county election commission convenes to conduct the audit.
(8) Before the election is certified, the automatic audit must be conducted in the following manner: (A) At a time and place open to the public, the county election commission shall identify the ballot boxes containing the absentee by-mail ballots cast in the randomly selected voting precinct or precincts and identify the ballot boxes containing the election day ballots cast in the randomly selected voting precinct or precincts. The election commission shall include in the audit only those absentee by-mail ballots that were counted by an optical scan tabulator rather than by hand. A county election commissioner from the majority party and a county election commissioner from the minority party, personally holding the keys to such ballot box or boxes, shall unlock the ballot box or boxes; (B) The election commission shall identify and remove from the respective ballot box or boxes each ballot cast in the absentee by-mail voting process in the selected precincts that were counted by an optical scan tabulator and each ballot cast on election day in the selected precinct or precincts; (C) (i) In auditing the precinct-based optical scan tabulator that had been used to originally count the early voting voter-verified paper ballots, the county election commission shall remove the early voting ballots contained in the ballot box of the optical scan tabulator and shall verify the accuracy of the unofficial election results by inserting such early voting ballots into the randomly selected optical scan tabulator. The county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit of such optical scan tabulator with the unofficial election results of the top race and each other race audited. The election commission shall publicly announce the results; (ii) In auditing the absentee by-mail ballots that were counted by an optical scan tabulator, the county election commission shall take the absentee by-mail ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject absentee by-mail ballots into a different precinct-based optical scan tabulator than that used to originally count the absentee ballots prior to certifying the election; (iii) In auditing the election day ballots, the county election commission shall take the election day ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject election day ballots into a different precinct-based optical scan tabulator than that used to originally count the election day ballots; and (iv) To judge the accuracy of the unofficial election results, the county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit with the unofficial election results of the top race and each other race audited obtained on election night. The election commission shall publicly announce the results; and (D) (i) If, as a result of the automatic audit, the county election commission finds that there is a variance of less than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, no hand count audit is required and the county election commission shall certify the election results as originally determined; (ii) If, as a result of the automatic audit, the county election commission finds that there is a variance of more than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, the county election commission shall randomly select at least three percent (3%) of the voting precincts in the county. The county election commission may include the voting precincts previously audited. The county election commission must identify the ballot box or boxes from the selected voting precincts, obtain the ballots out of those ballot boxes, and then insert such ballots into a different optical scan tabulator than that used to originally count the ballots. In addition, the county election commission may conduct a manual hand count of the same ballots subjected to the automatic audit described in this subdivision (b)(8)(D)(ii). The automatic audit or the manual hand count audit, if one is conducted, must be of the top race and each other race audited on the ballot in such voting precincts used in the expanded audit. The county election commission may expand the hand count to other races if a hand count is conducted. The county election commission shall publicly announce the results of the automatic audit and the manual hand count if a manual hand count is conducted; (iii) If all of the ballots in a race are counted as part of the manual hand count audit, the results of the hand count audit must be used as the official results to be certified by the county election commission; (iv) The results of a difference between precinct-based optical scan tabulations or the hand count audit must be available for use in an election contest filed pursuant to chapter 17 of this title; and (v) (a) A county election commission not selected for audit under subsection (a) and not required to conduct an audit under subsection (b) after the November election shall conduct a performance audit following the certification of each November election; (b) The coordinator of elections shall distribute guidance to each county election commission of the procedures to conduct an audit following each election; (c) The audit must include, but not be limited to, a review of the procedures for absentee by-mail ballots requested, transmitted, and returned; (d) The secretary of state shall randomly select six (6) counties where the performance audit will be conducted by the division of elections; and (e) Performance audits conducted by the county election commission must be completed by the ninetieth day after the election is certified. A report of the performance audit must be submitted to the secretary of state.
(A) At a time and place open to the public, the county election commission shall identify the ballot boxes containing the absentee by-mail ballots cast in the randomly selected voting precinct or precincts and identify the ballot boxes containing the election day ballots cast in the randomly selected voting precinct or precincts. The election commission shall include in the audit only those absentee by-mail ballots that were counted by an optical scan tabulator rather than by hand. A county election commissioner from the majority party and a county election commissioner from the minority party, personally holding the keys to such ballot box or boxes, shall unlock the ballot box or boxes;
(B) The election commission shall identify and remove from the respective ballot box or boxes each ballot cast in the absentee by-mail voting process in the selected precincts that were counted by an optical scan tabulator and each ballot cast on election day in the selected precinct or precincts;
(C) (i) In auditing the precinct-based optical scan tabulator that had been used to originally count the early voting voter-verified paper ballots, the county election commission shall remove the early voting ballots contained in the ballot box of the optical scan tabulator and shall verify the accuracy of the unofficial election results by inserting such early voting ballots into the randomly selected optical scan tabulator. The county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit of such optical scan tabulator with the unofficial election results of the top race and each other race audited. The election commission shall publicly announce the results; (ii) In auditing the absentee by-mail ballots that were counted by an optical scan tabulator, the county election commission shall take the absentee by-mail ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject absentee by-mail ballots into a different precinct-based optical scan tabulator than that used to originally count the absentee ballots prior to certifying the election; (iii) In auditing the election day ballots, the county election commission shall take the election day ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject election day ballots into a different precinct-based optical scan tabulator than that used to originally count the election day ballots; and (iv) To judge the accuracy of the unofficial election results, the county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit with the unofficial election results of the top race and each other race audited obtained on election night. The election commission shall publicly announce the results; and
(i) In auditing the precinct-based optical scan tabulator that had been used to originally count the early voting voter-verified paper ballots, the county election commission shall remove the early voting ballots contained in the ballot box of the optical scan tabulator and shall verify the accuracy of the unofficial election results by inserting such early voting ballots into the randomly selected optical scan tabulator. The county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit of such optical scan tabulator with the unofficial election results of the top race and each other race audited. The election commission shall publicly announce the results;
(ii) In auditing the absentee by-mail ballots that were counted by an optical scan tabulator, the county election commission shall take the absentee by-mail ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject absentee by-mail ballots into a different precinct-based optical scan tabulator than that used to originally count the absentee ballots prior to certifying the election;
(iii) In auditing the election day ballots, the county election commission shall take the election day ballots from the randomly selected voting precinct or precincts and shall verify the accuracy of the unofficial election results by inserting the subject election day ballots into a different precinct-based optical scan tabulator than that used to originally count the election day ballots; and
(iv) To judge the accuracy of the unofficial election results, the county election commission shall compare the results of the top race and each other race audited obtained during the automatic audit with the unofficial election results of the top race and each other race audited obtained on election night. The election commission shall publicly announce the results; and
(D) (i) If, as a result of the automatic audit, the county election commission finds that there is a variance of less than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, no hand count audit is required and the county election commission shall certify the election results as originally determined; (ii) If, as a result of the automatic audit, the county election commission finds that there is a variance of more than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, the county election commission shall randomly select at least three percent (3%) of the voting precincts in the county. The county election commission may include the voting precincts previously audited. The county election commission must identify the ballot box or boxes from the selected voting precincts, obtain the ballots out of those ballot boxes, and then insert such ballots into a different optical scan tabulator than that used to originally count the ballots. In addition, the county election commission may conduct a manual hand count of the same ballots subjected to the automatic audit described in this subdivision (b)(8)(D)(ii). The automatic audit or the manual hand count audit, if one is conducted, must be of the top race and each other race audited on the ballot in such voting precincts used in the expanded audit. The county election commission may expand the hand count to other races if a hand count is conducted. The county election commission shall publicly announce the results of the automatic audit and the manual hand count if a manual hand count is conducted; (iii) If all of the ballots in a race are counted as part of the manual hand count audit, the results of the hand count audit must be used as the official results to be certified by the county election commission; (iv) The results of a difference between precinct-based optical scan tabulations or the hand count audit must be available for use in an election contest filed pursuant to chapter 17 of this title; and (v) (a) A county election commission not selected for audit under subsection (a) and not required to conduct an audit under subsection (b) after the November election shall conduct a performance audit following the certification of each November election; (b) The coordinator of elections shall distribute guidance to each county election commission of the procedures to conduct an audit following each election; (c) The audit must include, but not be limited to, a review of the procedures for absentee by-mail ballots requested, transmitted, and returned; (d) The secretary of state shall randomly select six (6) counties where the performance audit will be conducted by the division of elections; and (e) Performance audits conducted by the county election commission must be completed by the ninetieth day after the election is certified. A report of the performance audit must be submitted to the secretary of state.
(i) If, as a result of the automatic audit, the county election commission finds that there is a variance of less than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, no hand count audit is required and the county election commission shall certify the election results as originally determined;
(ii) If, as a result of the automatic audit, the county election commission finds that there is a variance of more than one percent (1%) between the unofficial election results of the top race and each other race audited and the automatic audit, the county election commission shall randomly select at least three percent (3%) of the voting precincts in the county. The county election commission may include the voting precincts previously audited. The county election commission must identify the ballot box or boxes from the selected voting precincts, obtain the ballots out of those ballot boxes, and then insert such ballots into a different optical scan tabulator than that used to originally count the ballots. In addition, the county election commission may conduct a manual hand count of the same ballots subjected to the automatic audit described in this subdivision (b)(8)(D)(ii). The automatic audit or the manual hand count audit, if one is conducted, must be of the top race and each other race audited on the ballot in such voting precincts used in the expanded audit. The county election commission may expand the hand count to other races if a hand count is conducted. The county election commission shall publicly announce the results of the automatic audit and the manual hand count if a manual hand count is conducted;
(iii) If all of the ballots in a race are counted as part of the manual hand count audit, the results of the hand count audit must be used as the official results to be certified by the county election commission;
(iv) The results of a difference between precinct-based optical scan tabulations or the hand count audit must be available for use in an election contest filed pursuant to chapter 17 of this title; and
(v) (a) A county election commission not selected for audit under subsection (a) and not required to conduct an audit under subsection (b) after the November election shall conduct a performance audit following the certification of each November election; (b) The coordinator of elections shall distribute guidance to each county election commission of the procedures to conduct an audit following each election; (c) The audit must include, but not be limited to, a review of the procedures for absentee by-mail ballots requested, transmitted, and returned; (d) The secretary of state shall randomly select six (6) counties where the performance audit will be conducted by the division of elections; and (e) Performance audits conducted by the county election commission must be completed by the ninetieth day after the election is certified. A report of the performance audit must be submitted to the secretary of state.
(a) A county election commission not selected for audit under subsection (a) and not required to conduct an audit under subsection (b) after the November election shall conduct a performance audit following the certification of each November election;
(b) The coordinator of elections shall distribute guidance to each county election commission of the procedures to conduct an audit following each election;
(c) The audit must include, but not be limited to, a review of the procedures for absentee by-mail ballots requested, transmitted, and returned;
(d) The secretary of state shall randomly select six (6) counties where the performance audit will be conducted by the division of elections; and
(e) Performance audits conducted by the county election commission must be completed by the ninetieth day after the election is certified. A report of the performance audit must be submitted to the secretary of state.
(c) For elections in 2022 and 2024, expenses incurred by a county election commission or its members in the performance of its audit duties under this title must be paid out of the state treasury upon the certification of the chair and secretary of the county election commission to the secretary of state; provided, that the secretary of state shall review the claim and only those items certified by the secretary of state to the comptroller of the treasury must be paid. County election commissions are eligible for a reimbursement of their actual costs, not to exceed fifty dollars ($50.00) in audit set up costs per machine and thirty-five cents ($0.35) per ballot audited.
(d) At the same time the machines are inspected under § 2-9-105 , the machine technicians shall certify in writing that the proper firmware is loaded on each unit of voting equipment and that system settings are correct.
Amended by 2022 Tenn. Acts, ch. 965, s 3, eff. 5/2/2022.
Acts 2008 , ch. 1108, §3; 2010 , ch. 612, §7; 2011 , ch. 301, § 2.
Tenn. Code Ann. § 2-18-104 — TN Code / Title 2 / Chapter 18 / Section 2-18-104
Examination of election returns
Status: in_force

(a) When the joint assembly has convened, the speaker of the senate shall, in the presence of the assembled members, open the returns of the election for governor. They shall be opened by counties in alphabetical order. As the returns of a county are opened, they shall be handed to the tellers who shall make a list of the votes. Any member may inspect the returns while they are in the tellers' hands. The returns shall then be handed back to the speaker of the senate, who shall read them to the assembled members. (b) As the returns from each county are read, the speaker shall call for objections by claimants of the office of governor other than the candidate who prevails on the face of the returns. Upon objection to any county's returns, the vote of that county shall not then be counted, but the returns shall, with the objections, be delivered to the speaker for safekeeping, and they shall not be further considered until all the counties have been disposed of in like manner. (c) If no objections are made, the vote of the county under consideration shall be counted and shall be final except for objections permitted under § 2-18-106 . Acts 1972, ch. 740, § 1; T.C.A., § 2-1804.
(a) When the joint assembly has convened, the speaker of the senate shall, in the presence of the assembled members, open the returns of the election for governor. They shall be opened by counties in alphabetical order. As the returns of a county are opened, they shall be handed to the tellers who shall make a list of the votes. Any member may inspect the returns while they are in the tellers' hands. The returns shall then be handed back to the speaker of the senate, who shall read them to the assembled members.
(b) As the returns from each county are read, the speaker shall call for objections by claimants of the office of governor other than the candidate who prevails on the face of the returns. Upon objection to any county's returns, the vote of that county shall not then be counted, but the returns shall, with the objections, be delivered to the speaker for safekeeping, and they shall not be further considered until all the counties have been disposed of in like manner.
(c) If no objections are made, the vote of the county under consideration shall be counted and shall be final except for objections permitted under § 2-18-106 .
Acts 1972, ch. 740, § 1; T.C.A., § 2-1804.
Tenn. Code Ann. § 2-19-103 — TN Code / Title 2 / Chapter 19 / Section 2-19-103
Interference with another's duties or rights
Status: in_force

A person who knowingly does any act for the purpose of preventing any person's performance of such person's duties under this title or exercise of such person's rights under this title commits a Class A misdemeanor. Acts 1972, ch. 740, § 1; T.C.A., § 2-1903; Acts 1989, ch. 591, § 113; 1999, ch. 216, § 2.
A person who knowingly does any act for the purpose of preventing any person's performance of such person's duties under this title or exercise of such person's rights under this title commits a Class A misdemeanor.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1903; Acts 1989, ch. 591, § 113; 1999, ch. 216, § 2.
Tenn. Code Ann. § 2-2-113 — TN Code / Title 2 / Chapter 2 / Section 2-2-113
Lists of registered voters provided to federal courts - List of person disqualified or potentially disqualified as prospective juror from jury service
Status: in_force

(a) Lists of registered voters may be provided to federal courts for purposes of selecting jurors on the condition that the jury coordinator provides notice pursuant to subsection (b) regarding ineligible or potentially ineligible voters. (b) The jury coordinator shall prepare or cause to be prepared a list of each person disqualified or potentially disqualified as a prospective juror from jury service due to being a non-United States citizen, convicted of a felony, deceased, not a resident of this state, or not a resident of the county. The list must be prepared and sent to the coordinator of elections according to the jury summons cycle used by the court clerk. This section does not prevent the list from being sent more frequently. The list may be provided by mail, facsimile transmission, or email. (c) The jury coordinator shall provide the coordinator of elections with the following information about each disqualified juror: (1) The full name of the disqualified juror; (2) Current and prior addresses, if any; (3) Telephone number, if available; (4) Date of birth; and (5) The reason the prospective juror was disqualified. (d) After verifying that the person is a registered voter, the coordinator of elections shall forward the information to the administrator of elections in the county where the voter is registered. (e) The administrator of elections shall follow the procedures prescribed by § 2-2-106 or § 2-2-141 , as applicable. (f) In addition to the list of names, if the jury coordinator has documentation showing the person's disqualification under subsection (b), the documentation may be forwarded to the coordinator of elections. Added by 2022 Tenn. Acts, ch. 939, s 2, eff. 4/29/2022.
(a) Lists of registered voters may be provided to federal courts for purposes of selecting jurors on the condition that the jury coordinator provides notice pursuant to subsection (b) regarding ineligible or potentially ineligible voters.
(b) The jury coordinator shall prepare or cause to be prepared a list of each person disqualified or potentially disqualified as a prospective juror from jury service due to being a non-United States citizen, convicted of a felony, deceased, not a resident of this state, or not a resident of the county. The list must be prepared and sent to the coordinator of elections according to the jury summons cycle used by the court clerk. This section does not prevent the list from being sent more frequently. The list may be provided by mail, facsimile transmission, or email.
(c) The jury coordinator shall provide the coordinator of elections with the following information about each disqualified juror: (1) The full name of the disqualified juror; (2) Current and prior addresses, if any; (3) Telephone number, if available; (4) Date of birth; and (5) The reason the prospective juror was disqualified.
(1) The full name of the disqualified juror;
(2) Current and prior addresses, if any;
(3) Telephone number, if available;
(4) Date of birth; and
(5) The reason the prospective juror was disqualified.
(d) After verifying that the person is a registered voter, the coordinator of elections shall forward the information to the administrator of elections in the county where the voter is registered.
(e) The administrator of elections shall follow the procedures prescribed by § 2-2-106 or § 2-2-141 , as applicable.
(f) In addition to the list of names, if the jury coordinator has documentation showing the person's disqualification under subsection (b), the documentation may be forwarded to the coordinator of elections.
Added by 2022 Tenn. Acts, ch. 939, s 2, eff. 4/29/2022.
Tenn. Code Ann. § 2-19-131 — TN Code / Title 2 / Chapter 19 / Section 2-19-131
Betting with voter to procure a challenge or to prevent him from voting
Status: in_force

It is a Class C misdemeanor for any person, directly or indirectly, to make a bet or wager with a voter, depending upon the result of any primary or final election provided by law, with the intent thereby to procure the challenge of such voter, or to prevent the voter from voting at such election. Acts 1972, ch. 740, § 1; T.C.A., § 2-1931; Acts 1989, ch. 591, § 113.
It is a Class C misdemeanor for any person, directly or indirectly, to make a bet or wager with a voter, depending upon the result of any primary or final election provided by law, with the intent thereby to procure the challenge of such voter, or to prevent the voter from voting at such election.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1931; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 2-6-502 — TN Code / Title 2 / Chapter 6 / Section 2-6-502
Armed forces personnel - Persons temporarily outside United States - Procedure
Status: in_force

(a) Any application to vote absentee by mail from armed forces personnel anywhere outside the county where the voter is registered or from qualified voters temporarily staying outside the territorial limits of the United States and the District of Columbia shall be processed under this section if it does not meet the requirements of § 2-6-202 as an absentee voting application or if the applicant is not a registered voter. A certificate of nonregistration is not required of a person voting under this section. (b) An application for an absentee ballot or temporary registration or both from any person authorized to vote absentee by mail under subsection (a) may be in any form but shall contain the applicant's name, social security number, date of birth, and residence in the county in which the applicant proposes to vote and shall contain the address to which the absentee ballot is to be mailed. If the election is a primary election, the applicant shall state such applicant's political party preference. The county election commission shall accept the federal postcard application or the application for the federal write-in absentee ballot, as provided for in the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. § 1973ff et seq.), for temporary registration and for an absentee ballot for all elections for which the person is eligible to vote. An application or ballot affidavit shall be signed by the voter, under the penalty of perjury, thereby verifying all the information on the application or ballot affidavit is true and correct and that the voter is eligible to vote in the election. The social security number, date of birth, mailing address and electronic mailing address contained on such application shall be confidential and not subject to the open records law compiled in title 10, chapter 7. (c) An application must be received in the county election commission office of the county in which the applicant is a resident not later than ten (10) days before the election and not earlier than January 1 of the year in which the election is to be held; provided, that in the event an election is to be held less than ninety (90) days after January 1 of any calendar year, applications under this section may be received not earlier than ninety (90) days before the election in which the applicant desires to vote. (d) An application for an absentee ballot under this section shall be treated as an application for temporary registration if the applicant is not already a registered voter where such applicant applies to vote. The applicant shall be granted temporary registration if such applicant is a qualified voter under § 2-2-102 . Temporary registration under this section is not subject to the deadline set in § 2-2-109 . A person applying to vote absentee under this section in a primary election may request in such person's application for an absentee ballot that an absentee ballot for the succeeding general election be sent to the person when such ballots become available for distribution; provided, that if a voter voting hereunder moves from the location where the voter is to be sent a primary ballot between the primary and general elections, such voter shall notify the county election commission of such move and advise the commission where the general election ballot is to be sent. (e) Upon determining whether the applicant is entitled to register, vote, or both in the election, the administrator of elections shall proceed under the general provisions of this chapter for voting absentee by mail or under procedures determined by the coordinator of elections for electronically transmitting voting materials. In all counties, the attesting official shall update the voter's computerized voter history by making the appropriate data entry. (f) Ballots received under this section shall be processed as other absentee ballots from persons voting absentee by mail. A federal write-in absentee ballot from any applicant under this section shall be counted for all elections for which the applicant is eligible to vote. (g) A United States citizen who was born abroad and who is eligible to vote and who has never lived in the United States may register temporarily and vote in the county where a parent would be eligible to temporarily register and vote pursuant to this section. Amended by 2024 Tenn. Acts, ch. 560,s 4, eff. 11/6/2024. Acts 1972, ch. 740, § 1; T.C.A., § 2-612; Acts 1983, ch. 107, §§ 1, 2; 1988, ch. 933, § 10; T.C.A., § 2-6-112 ; Acts 1994, ch. 859, § 6; 1997 , ch. 558, § 14; 2007 , ch. 125, § 4; 2010 , ch. 636, §§ 2-4; 2011 , ch. 176, §§ 2, 3.
(a) Any application to vote absentee by mail from armed forces personnel anywhere outside the county where the voter is registered or from qualified voters temporarily staying outside the territorial limits of the United States and the District of Columbia shall be processed under this section if it does not meet the requirements of § 2-6-202 as an absentee voting application or if the applicant is not a registered voter. A certificate of nonregistration is not required of a person voting under this section.
(b) An application for an absentee ballot or temporary registration or both from any person authorized to vote absentee by mail under subsection (a) may be in any form but shall contain the applicant's name, social security number, date of birth, and residence in the county in which the applicant proposes to vote and shall contain the address to which the absentee ballot is to be mailed. If the election is a primary election, the applicant shall state such applicant's political party preference. The county election commission shall accept the federal postcard application or the application for the federal write-in absentee ballot, as provided for in the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. § 1973ff et seq.), for temporary registration and for an absentee ballot for all elections for which the person is eligible to vote. An application or ballot affidavit shall be signed by the voter, under the penalty of perjury, thereby verifying all the information on the application or ballot affidavit is true and correct and that the voter is eligible to vote in the election. The social security number, date of birth, mailing address and electronic mailing address contained on such application shall be confidential and not subject to the open records law compiled in title 10, chapter 7.
(c) An application must be received in the county election commission office of the county in which the applicant is a resident not later than ten (10) days before the election and not earlier than January 1 of the year in which the election is to be held; provided, that in the event an election is to be held less than ninety (90) days after January 1 of any calendar year, applications under this section may be received not earlier than ninety (90) days before the election in which the applicant desires to vote.
(d) An application for an absentee ballot under this section shall be treated as an application for temporary registration if the applicant is not already a registered voter where such applicant applies to vote. The applicant shall be granted temporary registration if such applicant is a qualified voter under § 2-2-102 . Temporary registration under this section is not subject to the deadline set in § 2-2-109 . A person applying to vote absentee under this section in a primary election may request in such person's application for an absentee ballot that an absentee ballot for the succeeding general election be sent to the person when such ballots become available for distribution; provided, that if a voter voting hereunder moves from the location where the voter is to be sent a primary ballot between the primary and general elections, such voter shall notify the county election commission of such move and advise the commission where the general election ballot is to be sent.
(e) Upon determining whether the applicant is entitled to register, vote, or both in the election, the administrator of elections shall proceed under the general provisions of this chapter for voting absentee by mail or under procedures determined by the coordinator of elections for electronically transmitting voting materials. In all counties, the attesting official shall update the voter's computerized voter history by making the appropriate data entry.
(f) Ballots received under this section shall be processed as other absentee ballots from persons voting absentee by mail. A federal write-in absentee ballot from any applicant under this section shall be counted for all elections for which the applicant is eligible to vote.
(g) A United States citizen who was born abroad and who is eligible to vote and who has never lived in the United States may register temporarily and vote in the county where a parent would be eligible to temporarily register and vote pursuant to this section.
Amended by 2024 Tenn. Acts, ch. 560,s 4, eff. 11/6/2024.
Acts 1972, ch. 740, § 1; T.C.A., § 2-612; Acts 1983, ch. 107, §§ 1, 2; 1988, ch. 933, § 10; T.C.A., § 2-6-112 ; Acts 1994, ch. 859, § 6; 1997 , ch. 558, § 14; 2007 , ch. 125, § 4; 2010 , ch. 636, §§ 2-4; 2011 , ch. 176, §§ 2, 3.
Tenn. Code Ann. § 2-10-104 — TN Code / Title 2 / Chapter 10 / Section 2-10-104
Affirmation of statements before witness
Status: in_force

All statements required by this part shall be signed by the person filing such statement in the presence of one (1) witness who shall sign such statements as a witness. The treasurer shall not be authorized to sign as a witness. Such person shall sign the statements prior to the filing of the statements. Statements required by this part do not have to be sworn to or affirmed by a notary. Acts 1980, ch. 861, § 5; 2004, ch. 594, § 1.
All statements required by this part shall be signed by the person filing such statement in the presence of one (1) witness who shall sign such statements as a witness. The treasurer shall not be authorized to sign as a witness. Such person shall sign the statements prior to the filing of the statements. Statements required by this part do not have to be sworn to or affirmed by a notary.
Acts 1980, ch. 861, § 5; 2004, ch. 594, § 1.
Tenn. Code Ann. § 2-7-139 — TN Code / Title 2 / Chapter 7 / Section 2-7-139
Removal of supplies from polling place prohibited
Status: in_force

No election supplies, ballots or equipment may be removed from a polling place from the opening of the polls until the requirements of § 2-7-137 have been met except that items which have been delivered to the wrong polling place may be transferred to the correct one. Acts 1972, ch. 740, § 1; T.C.A., § 2-739.
No election supplies, ballots or equipment may be removed from a polling place from the opening of the polls until the requirements of § 2-7-137 have been met except that items which have been delivered to the wrong polling place may be transferred to the correct one.
Acts 1972, ch. 740, § 1; T.C.A., § 2-739.
Tenn. Code Ann. § 2-10-115 — TN Code / Title 2 / Chapter 10 / Section 2-10-115
Disclosure of income, positions and trusts by the governor, secretary of state, comptroller of the treasury, treasurer, governor's cabinet, cabinet level staff, or their spouses - Posting of information - Form
Status: in_force

(a) The governor, secretary of state, comptroller of the treasury, treasurer, any member of the governor's cabinet, cabinet level staff, and those persons' spouses shall report annually to the Tennessee ethics commission prior to April 15 the following information for the prior calendar year: (1) The major source or sources of private income of more than two hundred dollars ($200), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, but no dollar amounts need be stated. The disclosure shall state the name and address of any entity that provides a source of private income of more than two hundred dollars ($200). This subdivision (a)(1) shall not be construed to require the disclosure of any client list or customer list, nor the address of any investment property. When reporting private income received from a security listed on the New York Stock Exchange, American Stock Exchange or the Nasdaq, the disclosure may state only the name of the entity, in lieu of disclosing the name and address of the entity. If a person listed in subsection (a) or their spouse's ownership of a business enterprise's securities provides income of more than two hundred dollars ($200), then the business enterprise shall be named in lieu of any investment brokerage firm or other fiduciary that may possess or manage the securities on behalf of such person or spouse. If a person listed in subsection (a) or their spouse's ownership of shares of a mutual fund provides income of more than two hundred dollars ($200), then the mutual fund shall be named in lieu of the business enterprises whose securities are owned by the mutual fund. For purposes of this subdivision (a)(1), income shall be reported for the calendar year in which it is received. When reporting private income received from investments with a federal or state chartered bank, the disclosure may state only the name of the bank, in lieu of stating the name and address of the bank; (2) Any positions held during the applicable reporting period, including, but not limited to, those of an officer, director, trustee, general partner, proprietor, or representative of any corporation, firm, partnership, or other business enterprise, or any nonprofit organization or educational institution. Both the year and month shall be reported for the period of time the position was held. Positions with the federal government, religious, social, fraternal, or political entities, and those solely of an honorary nature do not require disclosure; and (3) Any trust considered to be a "blind trust" pursuant to § 35-50-120 to which a person listed in subsection (a) or their spouse is an interested party. The person making disclosure shall state that the person is an interested party to a blind trust and provide the name and address of the trustee of the trust. Notwithstanding any provisions of this subdivision (a)(3) to the contrary, the person making disclosure is not required to disclose any individual asset held in a blind trust. (b) The reports in subsection (a) shall be posted on the website of the Tennessee ethics commission. The Tennessee ethics commission shall modify existing forms to accomplish the purposes of this section. (c) The commission shall create a consolidated form that collects the information required to be reported by this section and § 8-50-502 . Any person, who is required to disclose information pursuant to this section and § 8-50-501 , who files the consolidated form in a manner that complies with the requirements of those sections, shall fulfill the requirements of this section and § 8-50-501 . Filing the consolidated form prior to April 15 as required by this section shall also fulfill the requirements of §§ 8-50-503 and 8-50-504 . Acts 2006 (1st Ex. Sess.), ch. 1, § 33.
(a) The governor, secretary of state, comptroller of the treasury, treasurer, any member of the governor's cabinet, cabinet level staff, and those persons' spouses shall report annually to the Tennessee ethics commission prior to April 15 the following information for the prior calendar year: (1) The major source or sources of private income of more than two hundred dollars ($200), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, but no dollar amounts need be stated. The disclosure shall state the name and address of any entity that provides a source of private income of more than two hundred dollars ($200). This subdivision (a)(1) shall not be construed to require the disclosure of any client list or customer list, nor the address of any investment property. When reporting private income received from a security listed on the New York Stock Exchange, American Stock Exchange or the Nasdaq, the disclosure may state only the name of the entity, in lieu of disclosing the name and address of the entity. If a person listed in subsection (a) or their spouse's ownership of a business enterprise's securities provides income of more than two hundred dollars ($200), then the business enterprise shall be named in lieu of any investment brokerage firm or other fiduciary that may possess or manage the securities on behalf of such person or spouse. If a person listed in subsection (a) or their spouse's ownership of shares of a mutual fund provides income of more than two hundred dollars ($200), then the mutual fund shall be named in lieu of the business enterprises whose securities are owned by the mutual fund. For purposes of this subdivision (a)(1), income shall be reported for the calendar year in which it is received. When reporting private income received from investments with a federal or state chartered bank, the disclosure may state only the name of the bank, in lieu of stating the name and address of the bank; (2) Any positions held during the applicable reporting period, including, but not limited to, those of an officer, director, trustee, general partner, proprietor, or representative of any corporation, firm, partnership, or other business enterprise, or any nonprofit organization or educational institution. Both the year and month shall be reported for the period of time the position was held. Positions with the federal government, religious, social, fraternal, or political entities, and those solely of an honorary nature do not require disclosure; and (3) Any trust considered to be a "blind trust" pursuant to § 35-50-120 to which a person listed in subsection (a) or their spouse is an interested party. The person making disclosure shall state that the person is an interested party to a blind trust and provide the name and address of the trustee of the trust. Notwithstanding any provisions of this subdivision (a)(3) to the contrary, the person making disclosure is not required to disclose any individual asset held in a blind trust.
(1) The major source or sources of private income of more than two hundred dollars ($200), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, but no dollar amounts need be stated. The disclosure shall state the name and address of any entity that provides a source of private income of more than two hundred dollars ($200). This subdivision (a)(1) shall not be construed to require the disclosure of any client list or customer list, nor the address of any investment property. When reporting private income received from a security listed on the New York Stock Exchange, American Stock Exchange or the Nasdaq, the disclosure may state only the name of the entity, in lieu of disclosing the name and address of the entity. If a person listed in subsection (a) or their spouse's ownership of a business enterprise's securities provides income of more than two hundred dollars ($200), then the business enterprise shall be named in lieu of any investment brokerage firm or other fiduciary that may possess or manage the securities on behalf of such person or spouse. If a person listed in subsection (a) or their spouse's ownership of shares of a mutual fund provides income of more than two hundred dollars ($200), then the mutual fund shall be named in lieu of the business enterprises whose securities are owned by the mutual fund. For purposes of this subdivision (a)(1), income shall be reported for the calendar year in which it is received. When reporting private income received from investments with a federal or state chartered bank, the disclosure may state only the name of the bank, in lieu of stating the name and address of the bank;
(2) Any positions held during the applicable reporting period, including, but not limited to, those of an officer, director, trustee, general partner, proprietor, or representative of any corporation, firm, partnership, or other business enterprise, or any nonprofit organization or educational institution. Both the year and month shall be reported for the period of time the position was held. Positions with the federal government, religious, social, fraternal, or political entities, and those solely of an honorary nature do not require disclosure; and
(3) Any trust considered to be a "blind trust" pursuant to § 35-50-120 to which a person listed in subsection (a) or their spouse is an interested party. The person making disclosure shall state that the person is an interested party to a blind trust and provide the name and address of the trustee of the trust. Notwithstanding any provisions of this subdivision (a)(3) to the contrary, the person making disclosure is not required to disclose any individual asset held in a blind trust.
(b) The reports in subsection (a) shall be posted on the website of the Tennessee ethics commission. The Tennessee ethics commission shall modify existing forms to accomplish the purposes of this section.
(c) The commission shall create a consolidated form that collects the information required to be reported by this section and § 8-50-502 . Any person, who is required to disclose information pursuant to this section and § 8-50-501 , who files the consolidated form in a manner that complies with the requirements of those sections, shall fulfill the requirements of this section and § 8-50-501 . Filing the consolidated form prior to April 15 as required by this section shall also fulfill the requirements of §§ 8-50-503 and 8-50-504 .
Acts 2006 (1st Ex. Sess.), ch. 1, § 33.
Tenn. Code Ann. § 2-2-128 — TN Code / Title 2 / Chapter 2 / Section 2-2-128
Forms - Retention in commission's office
Status: in_force

Permanent registration record forms and registration card forms may not be removed from the commission office except for the performance of duties under this title. Acts 1972, ch. 740, § 1; T.C.A., § 2-228.
Permanent registration record forms and registration card forms may not be removed from the commission office except for the performance of duties under this title.
Acts 1972, ch. 740, § 1; T.C.A., § 2-228.
Tenn. Code Ann. § 2-5-106 — TN Code / Title 2 / Chapter 5 / Section 2-5-106
Certification of attorney on nominating petition
Status: in_force

(a) Any person seeking election to any office that is required by law to be held by an attorney shall certify on the person's nominating petition for such office that such person is licensed to practice law in this state, and shall place on such petition the person's supreme court registration number. (b) Any person failing to comply with this section shall be disqualified from having the person's name placed on the election ballot for such office. Amended by 2014 Tenn. Acts, ch. 724,s 3, eff. 4/16/2014. Acts 1989, ch. 590, § 10.
(a) Any person seeking election to any office that is required by law to be held by an attorney shall certify on the person's nominating petition for such office that such person is licensed to practice law in this state, and shall place on such petition the person's supreme court registration number.
(b) Any person failing to comply with this section shall be disqualified from having the person's name placed on the election ballot for such office.
Amended by 2014 Tenn. Acts, ch. 724,s 3, eff. 4/16/2014.
Acts 1989, ch. 590, § 10.
Tenn. Code Ann. § 2-7-106 — TN Code / Title 2 / Chapter 7 / Section 2-7-106
Failure of all officials to appear - Appointment of replacements to election commission - Voting pending appointment
Status: in_force

If the county election commission receives notice that no election officials are at the polling place, the commission shall promptly appoint new officials who shall conduct the election. Until the polling place is open for voting, any voter who is eligible to vote there may vote at the county election commission office; ballots cast under this section shall be counted by the county election commission. Acts 1972, ch. 740, § 1; T.C.A., § 2-706.
If the county election commission receives notice that no election officials are at the polling place, the commission shall promptly appoint new officials who shall conduct the election. Until the polling place is open for voting, any voter who is eligible to vote there may vote at the county election commission office; ballots cast under this section shall be counted by the county election commission.
Acts 1972, ch. 740, § 1; T.C.A., § 2-706.
Tenn. Code Ann. § 2-10-109 — TN Code / Title 2 / Chapter 10 / Section 2-10-109
Duties of attorney general and reporter
Status: in_force

(a) It is the duty of the attorney general and reporter to: (1) Advise county election commissions, primary boards and administrators of elections of their duties and responsibilities required by this part; (2) Provide opinions upon the requirements of this part to the members of the general assembly, district attorneys general, the state and county election commissions, and such other officials who are charged with the administration of this law; and (3) Represent the registry of election finance in any action or lawsuit in any court of this state. (b) (1) A district attorney shall: (A) Investigate a sworn complaint filed in accordance with § 2-10- 108(c); and (B) Upon review and the completion of the investigation of a complaint, refer its investigative report containing findings of potential violations, if any, to the registry for consideration of the assessment of civil penalties pursuant to § 2-10-110 . (2) The registry may, upon review of an investigative report received from a district attorney general under subdivision (b)(1)(B), dismiss the complaint if the complaint is not factually and legally sufficient. The registry shall notify the complainant of the dismissal. If the registry determines the complaint is factually and legally sufficient, then the registry may set the complaint for a show cause hearing to determine if the registry should take action regarding the complaint, including, but not limited to, assessing civil penalties pursuant to § 2-10-110 . (3) Both the alleged violator and the complainant may, upon request, present evidence before the registry at or prior to the show cause hearing. The registry shall notify the alleged violator and the complainant that evidence will be presented to the registry if requested. The registry may determine the appropriate procedure for presenting evidence. After the conclusion of the show cause hearing, the registry shall reduce its decision to writing and provide a written statement of the registry's decision to all parties. Amended by 2023 Tenn. Acts, ch. 108, s 5, eff. 4/4/2023. Acts 1980, ch. 861, §§ 4, 10; 1989, ch. 585, §§ 17, 18.
(a) It is the duty of the attorney general and reporter to: (1) Advise county election commissions, primary boards and administrators of elections of their duties and responsibilities required by this part; (2) Provide opinions upon the requirements of this part to the members of the general assembly, district attorneys general, the state and county election commissions, and such other officials who are charged with the administration of this law; and (3) Represent the registry of election finance in any action or lawsuit in any court of this state.
(1) Advise county election commissions, primary boards and administrators of elections of their duties and responsibilities required by this part;
(2) Provide opinions upon the requirements of this part to the members of the general assembly, district attorneys general, the state and county election commissions, and such other officials who are charged with the administration of this law; and
(3) Represent the registry of election finance in any action or lawsuit in any court of this state.
(b) (1) A district attorney shall: (A) Investigate a sworn complaint filed in accordance with § 2-10- 108(c); and (B) Upon review and the completion of the investigation of a complaint, refer its investigative report containing findings of potential violations, if any, to the registry for consideration of the assessment of civil penalties pursuant to § 2-10-110 . (2) The registry may, upon review of an investigative report received from a district attorney general under subdivision (b)(1)(B), dismiss the complaint if the complaint is not factually and legally sufficient. The registry shall notify the complainant of the dismissal. If the registry determines the complaint is factually and legally sufficient, then the registry may set the complaint for a show cause hearing to determine if the registry should take action regarding the complaint, including, but not limited to, assessing civil penalties pursuant to § 2-10-110 . (3) Both the alleged violator and the complainant may, upon request, present evidence before the registry at or prior to the show cause hearing. The registry shall notify the alleged violator and the complainant that evidence will be presented to the registry if requested. The registry may determine the appropriate procedure for presenting evidence. After the conclusion of the show cause hearing, the registry shall reduce its decision to writing and provide a written statement of the registry's decision to all parties.
(1) A district attorney shall: (A) Investigate a sworn complaint filed in accordance with § 2-10- 108(c); and (B) Upon review and the completion of the investigation of a complaint, refer its investigative report containing findings of potential violations, if any, to the registry for consideration of the assessment of civil penalties pursuant to § 2-10-110 .
(A) Investigate a sworn complaint filed in accordance with § 2-10- 108(c); and
(B) Upon review and the completion of the investigation of a complaint, refer its investigative report containing findings of potential violations, if any, to the registry for consideration of the assessment of civil penalties pursuant to § 2-10-110 .
(2) The registry may, upon review of an investigative report received from a district attorney general under subdivision (b)(1)(B), dismiss the complaint if the complaint is not factually and legally sufficient. The registry shall notify the complainant of the dismissal. If the registry determines the complaint is factually and legally sufficient, then the registry may set the complaint for a show cause hearing to determine if the registry should take action regarding the complaint, including, but not limited to, assessing civil penalties pursuant to § 2-10-110 .
(3) Both the alleged violator and the complainant may, upon request, present evidence before the registry at or prior to the show cause hearing. The registry shall notify the alleged violator and the complainant that evidence will be presented to the registry if requested. The registry may determine the appropriate procedure for presenting evidence. After the conclusion of the show cause hearing, the registry shall reduce its decision to writing and provide a written statement of the registry's decision to all parties.
Amended by 2023 Tenn. Acts, ch. 108, s 5, eff. 4/4/2023.
Acts 1980, ch. 861, §§ 4, 10; 1989, ch. 585, §§ 17, 18.
Tenn. Code Ann. § 2-10-404 — TN Code / Title 2 / Chapter 10 / Section 2-10-404
Contribution limits - Transfer of campaign funds
Status: in_force

(a) No person shall make contributions for the gubernatorial inauguration that, in the aggregate, exceed two thousand five hundred dollars ($2,500). (b) No multicandidate political campaign committee shall make contributions for the gubernatorial inauguration that, in the aggregate, exceed seven thousand five hundred dollars ($7,500). (c) No corporation or executive officers or other representatives of any corporation doing business within this state shall make contributions for the gubernatorial inauguration that, in the aggregate, exceed seven thousand five hundred dollars ($7,500). (d) The governor-elect may transfer funds from the governor-elect's campaign fund to the inauguration fund. Acts 2001, ch. 458, § 1.
(a) No person shall make contributions for the gubernatorial inauguration that, in the aggregate, exceed two thousand five hundred dollars ($2,500).
(b) No multicandidate political campaign committee shall make contributions for the gubernatorial inauguration that, in the aggregate, exceed seven thousand five hundred dollars ($7,500).
(c) No corporation or executive officers or other representatives of any corporation doing business within this state shall make contributions for the gubernatorial inauguration that, in the aggregate, exceed seven thousand five hundred dollars ($7,500).
(d) The governor-elect may transfer funds from the governor-elect's campaign fund to the inauguration fund.
Acts 2001, ch. 458, § 1.
Tenn. Code Ann. § 2-7-120 — TN Code / Title 2 / Chapter 7 / Section 2-7-120
Spoiled ballots
Status: in_force

If any voter spoils a paper ballot, the voter may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled one. The spoiled ballots shall be placed in an envelope marked "Spoiled Ballots." Acts 1972, ch. 740, § 1; T.C.A., § 2-720.
If any voter spoils a paper ballot, the voter may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled one. The spoiled ballots shall be placed in an envelope marked "Spoiled Ballots."
Acts 1972, ch. 740, § 1; T.C.A., § 2-720.
Tenn. Code Ann. § 2-6-103 — TN Code / Title 2 / Chapter 6 / Section 2-6-103
County election commission office hours
Status: in_force

(a) (1) The county election commission office or another polling place appropriately designated by the county election commission shall be open a minimum of three (3) consecutive hours each weekday including Saturdays between the hours of eight o'clock a.m. (8:00 a.m.) and six o'clock p.m. (6:00 p.m.) prevailing time during the period provided to apply to vote early. For a municipality with a population of less than five thousand (5,000), according to the 1990 federal census or any subsequent federal census, the municipal governing body may determine the Saturday schedule of early voting for municipal elections. (2) If the proper notice under subsection (c) is made, a county election commission may close its office on a state holiday during the period established for early voting. (b) (1) On at least three (3) days during the early voting period for those offices listed in § 2-13-202 , or for any state or federal election, the county election commission office shall remain open between four-thirty p.m. (4:30 p.m.) and seven o'clock p.m. (7:00 p.m.), and on at least one (1) Saturday during the same period the office shall be open from eight o'clock a.m. (8:00 a.m.) to four o'clock p.m. (4:00 p.m.). The county election commission shall determine the appropriate dates for both late and regular hours at the commission office. This subsection (b) shall apply only to those counties with a population in excess of one hundred fifty thousand (150,000), according to the 1970 census. (2) In counties affected by this subsection (b), this subsection (b) shall also apply to municipal elections for the principal municipality of the county. For such municipal elections, the municipal governing body and the county election commission shall jointly determine the appropriate dates for additional hours. The municipality shall be responsible for the costs of such additional hours. (c) Notice of the office hours shall be given by the county election commission not less than twenty-five (25) days prior to the day of election by publication in a newspaper of general circulation. Acts 1972, ch. 740, § 1; 1979, ch. 228, § 1; T.C.A., § 2-603; Acts 1985, ch. 238, §§ 1-4; 1994, ch. 859, §§ 2, 12; 1996, ch. 1028, § 1; 2009, ch. 218, § 2; 2012, ch. 1101, § 6.
(a) (1) The county election commission office or another polling place appropriately designated by the county election commission shall be open a minimum of three (3) consecutive hours each weekday including Saturdays between the hours of eight o'clock a.m. (8:00 a.m.) and six o'clock p.m. (6:00 p.m.) prevailing time during the period provided to apply to vote early. For a municipality with a population of less than five thousand (5,000), according to the 1990 federal census or any subsequent federal census, the municipal governing body may determine the Saturday schedule of early voting for municipal elections. (2) If the proper notice under subsection (c) is made, a county election commission may close its office on a state holiday during the period established for early voting.
(1) The county election commission office or another polling place appropriately designated by the county election commission shall be open a minimum of three (3) consecutive hours each weekday including Saturdays between the hours of eight o'clock a.m. (8:00 a.m.) and six o'clock p.m. (6:00 p.m.) prevailing time during the period provided to apply to vote early. For a municipality with a population of less than five thousand (5,000), according to the 1990 federal census or any subsequent federal census, the municipal governing body may determine the Saturday schedule of early voting for municipal elections.
(2) If the proper notice under subsection (c) is made, a county election commission may close its office on a state holiday during the period established for early voting.
(b) (1) On at least three (3) days during the early voting period for those offices listed in § 2-13-202 , or for any state or federal election, the county election commission office shall remain open between four-thirty p.m. (4:30 p.m.) and seven o'clock p.m. (7:00 p.m.), and on at least one (1) Saturday during the same period the office shall be open from eight o'clock a.m. (8:00 a.m.) to four o'clock p.m. (4:00 p.m.). The county election commission shall determine the appropriate dates for both late and regular hours at the commission office. This subsection (b) shall apply only to those counties with a population in excess of one hundred fifty thousand (150,000), according to the 1970 census. (2) In counties affected by this subsection (b), this subsection (b) shall also apply to municipal elections for the principal municipality of the county. For such municipal elections, the municipal governing body and the county election commission shall jointly determine the appropriate dates for additional hours. The municipality shall be responsible for the costs of such additional hours.
(1) On at least three (3) days during the early voting period for those offices listed in § 2-13-202 , or for any state or federal election, the county election commission office shall remain open between four-thirty p.m. (4:30 p.m.) and seven o'clock p.m. (7:00 p.m.), and on at least one (1) Saturday during the same period the office shall be open from eight o'clock a.m. (8:00 a.m.) to four o'clock p.m. (4:00 p.m.). The county election commission shall determine the appropriate dates for both late and regular hours at the commission office. This subsection (b) shall apply only to those counties with a population in excess of one hundred fifty thousand (150,000), according to the 1970 census.
(2) In counties affected by this subsection (b), this subsection (b) shall also apply to municipal elections for the principal municipality of the county. For such municipal elections, the municipal governing body and the county election commission shall jointly determine the appropriate dates for additional hours. The municipality shall be responsible for the costs of such additional hours.
(c) Notice of the office hours shall be given by the county election commission not less than twenty-five (25) days prior to the day of election by publication in a newspaper of general circulation.
Acts 1972, ch. 740, § 1; 1979, ch. 228, § 1; T.C.A., § 2-603; Acts 1985, ch. 238, §§ 1-4; 1994, ch. 859, §§ 2, 12; 1996, ch. 1028, § 1; 2009, ch. 218, § 2; 2012, ch. 1101, § 6.
Tenn. Code Ann. § 2-5-203 — TN Code / Title 2 / Chapter 5 / Section 2-5-203
Independent candidates
Status: in_force

Candidates who are not to be placed on ballots as nominees of a political party shall be known as "independent candidates." Acts 1972, ch. 740, § 1; T.C.A., § 2-504.
Candidates who are not to be placed on ballots as nominees of a political party shall be known as "independent candidates."
Acts 1972, ch. 740, § 1; T.C.A., § 2-504.
Tenn. Code Ann. § 2-2-204 — TN Code / Title 2 / Chapter 2 / Section 2-2-204
Registration procedures
Status: in_force

(a) A voter registration agency that is an office described in § 2-2-202(1) and (2) shall: (1) Distribute with each application for such service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance, the voter registration-by-mail application form described in § 2-2-115 , unless the applicant, in writing, declines to register to vote; (2) To the greatest extent practicable, incorporate in that agency's application for services or assistance, recertification, renewal or change of address form, a means by which a person who completes the form may decline, in writing, to register to vote; (3) Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms; and (4) Accept the completed voter registration forms for transmittal to the appropriate county election commission to be processed as a voter registration-by-mail form in accordance with § 2-2-115 . (b) A completed voter registration accepted at a voter registration agency described in this section shall be transmitted to the appropriate county election commission office not later than ten (10) days after the date of acceptance; provided, that if the document is accepted within five (5) days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate county election commission office not later than five (5) days after the date of acceptance. Acts 1994, ch. 947, § 5.
(a) A voter registration agency that is an office described in § 2-2-202(1) and (2) shall: (1) Distribute with each application for such service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance, the voter registration-by-mail application form described in § 2-2-115 , unless the applicant, in writing, declines to register to vote; (2) To the greatest extent practicable, incorporate in that agency's application for services or assistance, recertification, renewal or change of address form, a means by which a person who completes the form may decline, in writing, to register to vote; (3) Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms; and (4) Accept the completed voter registration forms for transmittal to the appropriate county election commission to be processed as a voter registration-by-mail form in accordance with § 2-2-115 .
(1) Distribute with each application for such service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance, the voter registration-by-mail application form described in § 2-2-115 , unless the applicant, in writing, declines to register to vote;
(2) To the greatest extent practicable, incorporate in that agency's application for services or assistance, recertification, renewal or change of address form, a means by which a person who completes the form may decline, in writing, to register to vote;
(3) Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms; and
(4) Accept the completed voter registration forms for transmittal to the appropriate county election commission to be processed as a voter registration-by-mail form in accordance with § 2-2-115 .
(b) A completed voter registration accepted at a voter registration agency described in this section shall be transmitted to the appropriate county election commission office not later than ten (10) days after the date of acceptance; provided, that if the document is accepted within five (5) days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate county election commission office not later than five (5) days after the date of acceptance.
Acts 1994, ch. 947, § 5.
Tenn. Code Ann. § 2-7-104 — TN Code / Title 2 / Chapter 7 / Section 2-7-104
Poll watchers
Status: in_force

(a) Each political party and any organization of citizens interested in a question on the ballot or interested in preserving the purity of elections and in guarding against abuse of the elective franchise may appoint poll watchers. The county election commission may require organizations to produce evidence that they are entitled to appoint watchers. Each candidate in primary elections and each independent candidate in general elections may appoint one (1) or more poll watchers for each polling place; provided, however, at any given time, each such candidate shall have not more than one (1) such poll watcher on duty at each polling place. All appointments of watchers shall be in writing and signed by the persons or organizations authorized to make the appointment. All poll watchers' names shall be submitted to the county election commission no later than twelve o'clock (12:00) noon of the second working day before the election. All appointed poll watchers must have reached seventeen (17) years of age by election day and be residents of this state. A spouse of a candidate on the ballot shall not be eligible for appointment as a poll watcher. (b) Each political party which has candidates in the election and each citizens' organization may have two (2) watchers at each polling place. One (1) of the watchers representing a party may be appointed by the chair of the county executive committee of the party and the other by a majority of the candidates of that party running exclusively within the county in which the watchers are appointed. If the candidates of a party fail to appoint the watchers by twelve o'clock (12:00) noon on the third day before the election, the chair of the county executive committee of the party may appoint both watchers representing the chair's party. In addition, each candidate in a general election may appoint one (1) or more poll watchers for each polling place; provided, however, at any given time, each such candidate shall have not more than one (1) such poll watcher on duty at each polling place. (c) Upon arrival at the polling place, a watcher shall display such watcher's appointment to the officer of elections and sign the register of watchers. Poll watchers may be present during all proceedings at the polling place governed by this chapter. They may watch and inspect the performance in and around the polling place of all duties under this title. A watcher may, through the judges, challenge any person who offers to vote in the election. A watcher may also inspect all ballots while being called and counted and all tally sheets and poll lists during preparation and certification. A poll watcher who wishes to protest any aspect of the conduct of the election shall present such protest to the officer of elections or to the county election commission or to an inspector. The officer of elections or county election commission shall rule promptly upon the presentation of any protest and take any necessary corrective action. (d) No watcher may interfere with any voter in the preparation or casting of such voter's ballot or prevent the election officials' performance of their duties. No watcher may observe the giving of assistance in voting to a voter who is entitled to assistance. Watchers shall wear poll watcher badges with their names and their organization's name but no campaign material advocating voting for candidates or positions on questions. (e) Poll watchers observing the duties of the absentee counting board shall not leave the room, or place of counting, after the actual counting of the ballots has begun. Poll watchers observing the duties of the absentee counting board are prohibited from possessing any electronic device, including a cellular telephone or pager, capable of transmitting election results to a location outside the room where the ballots are being tabulated. Amended by 2019 Tenn. Acts, ch. 250, s 3, eff. 10/1/2019. Amended by 2016 Tenn. Acts, ch. 827, s 3, eff. 4/21/2016. Acts 1972, ch. 740, § 1; 1978, ch. 754, § 3; T.C.A., § 2-704; Acts 1981, ch. 478, § 16; 1988, ch. 933, §11; 1997 , ch. 558, §§19, 31, 32; 2000, ch. 756, § 13; 2001, ch. 413, §4; 2007 , ch. 125, § 5.
(a) Each political party and any organization of citizens interested in a question on the ballot or interested in preserving the purity of elections and in guarding against abuse of the elective franchise may appoint poll watchers. The county election commission may require organizations to produce evidence that they are entitled to appoint watchers. Each candidate in primary elections and each independent candidate in general elections may appoint one (1) or more poll watchers for each polling place; provided, however, at any given time, each such candidate shall have not more than one (1) such poll watcher on duty at each polling place. All appointments of watchers shall be in writing and signed by the persons or organizations authorized to make the appointment. All poll watchers' names shall be submitted to the county election commission no later than twelve o'clock (12:00) noon of the second working day before the election. All appointed poll watchers must have reached seventeen (17) years of age by election day and be residents of this state. A spouse of a candidate on the ballot shall not be eligible for appointment as a poll watcher.
(b) Each political party which has candidates in the election and each citizens' organization may have two (2) watchers at each polling place. One (1) of the watchers representing a party may be appointed by the chair of the county executive committee of the party and the other by a majority of the candidates of that party running exclusively within the county in which the watchers are appointed. If the candidates of a party fail to appoint the watchers by twelve o'clock (12:00) noon on the third day before the election, the chair of the county executive committee of the party may appoint both watchers representing the chair's party. In addition, each candidate in a general election may appoint one (1) or more poll watchers for each polling place; provided, however, at any given time, each such candidate shall have not more than one (1) such poll watcher on duty at each polling place.
(c) Upon arrival at the polling place, a watcher shall display such watcher's appointment to the officer of elections and sign the register of watchers. Poll watchers may be present during all proceedings at the polling place governed by this chapter. They may watch and inspect the performance in and around the polling place of all duties under this title. A watcher may, through the judges, challenge any person who offers to vote in the election. A watcher may also inspect all ballots while being called and counted and all tally sheets and poll lists during preparation and certification. A poll watcher who wishes to protest any aspect of the conduct of the election shall present such protest to the officer of elections or to the county election commission or to an inspector. The officer of elections or county election commission shall rule promptly upon the presentation of any protest and take any necessary corrective action.
(d) No watcher may interfere with any voter in the preparation or casting of such voter's ballot or prevent the election officials' performance of their duties. No watcher may observe the giving of assistance in voting to a voter who is entitled to assistance. Watchers shall wear poll watcher badges with their names and their organization's name but no campaign material advocating voting for candidates or positions on questions.
(e) Poll watchers observing the duties of the absentee counting board shall not leave the room, or place of counting, after the actual counting of the ballots has begun. Poll watchers observing the duties of the absentee counting board are prohibited from possessing any electronic device, including a cellular telephone or pager, capable of transmitting election results to a location outside the room where the ballots are being tabulated.
Amended by 2019 Tenn. Acts, ch. 250, s 3, eff. 10/1/2019.
Amended by 2016 Tenn. Acts, ch. 827, s 3, eff. 4/21/2016.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 3; T.C.A., § 2-704; Acts 1981, ch. 478, § 16; 1988, ch. 933, §11; 1997 , ch. 558, §§19, 31, 32; 2000, ch. 756, § 13; 2001, ch. 413, §4; 2007 , ch. 125, § 5.
Tenn. Code Ann. § 2-12-105 — TN Code / Title 2 / Chapter 12 / Section 2-12-105
Organization
Status: in_force

Within twenty (20) days after their appointment, the county election commissioners shall organize by the selection of a chair and a secretary of different political parties from among them. The county election commission shall within ten (10) days thereafter report to the secretary of the state election commission and to the coordinator of elections the names and addresses of the officers and other members of the commission. Acts 1972, ch. 740, § 1; 1978, ch. 754, § 8; T.C.A., § 2-1205.
Within twenty (20) days after their appointment, the county election commissioners shall organize by the selection of a chair and a secretary of different political parties from among them. The county election commission shall within ten (10) days thereafter report to the secretary of the state election commission and to the coordinator of elections the names and addresses of the officers and other members of the commission.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 8; T.C.A., § 2-1205.
Tenn. Code Ann. § 2-2-138 — TN Code / Title 2 / Chapter 2 / Section 2-2-138
Voter registration lists - Purchase by citizens
Status: in_force

(a) In counties of this state having a population in excess of one hundred eighty thousand (180,000), according to the United States census of 1970 or any subsequent United States census, or in any computerized county, it is the duty of the county election commission to prepare or cause to be prepared each month a listing, by voting precinct, of all persons registered to vote in each precinct during the preceding month. However, in the discretion of the commissioners of the county election commission, such listing may be prepared on a bimonthly basis. (b) (1) Such list, and any other voter registration information such as voter history, if compiled, shall be available for purchase for a price not to exceed the cost of production. This list shall be available to any person who certifies on a form provided by the state election commission that such list will be used for political purposes. The state election commission shall establish a uniform cost for this information. Any county election commission whose cost of production exceeds this rate may petition the state election commission and be granted an increase upon establishing its actual cost to the satisfaction of the state election commission. If the information is provided on computer generated media such as disk, diskette, tape, telecommunications or any other form of magnetic media, then the information shall be provided in non-proprietary and non-encrypted form. Minimum data standards shall be EBCDIC (Extended Binary Coded Decimal Interchange Code), ASCII (American Standard Code Information Interchange) or BCD (Binary Coded Decimal). (2) The list, and any other voter registration information, shall be the property of the county election commission and the state. Any vendor of the county election commission having access to the voter registration data shall only use such data to service the county election commission and shall be prohibited from using such data other than for purposes of assisting the county election commission and the coordinator of elections. Non-authorized use by the vendor of the data shall constitute a Class B misdemeanor and grounds for decertification by the state election commission. (c) The county election commission in counties with a population over two hundred fifty thousand (250,000), according to the 1980 census shall make voter registration lists available for purchase by any interested citizen, upon request and payment of the cost, at a price not in excess of the cost to prepare and publish such lists. The county election commission in counties with a population over two hundred fifty thousand (250,000), according to the 1980 census shall act upon such request within seven (7) days of receipt of the request, and reasons for rejection or modification of such request, if any, shall be set out in writing. (d) (1) Any computerized county, as defined in § 2-1-104(a) , shall make the list required by this section available on computer diskette to any person who certifies on a form provided by the state election commission that such list will be used for political purposes. (2) A false certification made pursuant to this subsection (d) is a Class B misdemeanor, punishable only by a fine of five hundred dollars ($500). (e) Any list of registered voters compiled by the coordinator of elections shall be sold at a price established by the secretary of state. Any money received by the secretary of state from the sale of such lists shall be deposited in the voting machine loan fund established in § 2-9-114 . This list shall be available for purchase to any person who certifies on a form provided by the state election commission that such list will be used for political purposes only. Amended by 2014 Tenn. Acts, ch. 880, s 2, eff. 5/1/2014. Acts 1972, ch. 675, § 1; T.C.A., § 2-238; Acts 1981, ch. 478, § 7; 1993, ch. 379, § 2; 1994, ch. 919, § 32; 1995, ch. 196, § 1; 2000, ch. 756, § 3; 2002, ch. 694, § 1; 2008 , ch. 928, § 6.
(a) In counties of this state having a population in excess of one hundred eighty thousand (180,000), according to the United States census of 1970 or any subsequent United States census, or in any computerized county, it is the duty of the county election commission to prepare or cause to be prepared each month a listing, by voting precinct, of all persons registered to vote in each precinct during the preceding month. However, in the discretion of the commissioners of the county election commission, such listing may be prepared on a bimonthly basis.
(b) (1) Such list, and any other voter registration information such as voter history, if compiled, shall be available for purchase for a price not to exceed the cost of production. This list shall be available to any person who certifies on a form provided by the state election commission that such list will be used for political purposes. The state election commission shall establish a uniform cost for this information. Any county election commission whose cost of production exceeds this rate may petition the state election commission and be granted an increase upon establishing its actual cost to the satisfaction of the state election commission. If the information is provided on computer generated media such as disk, diskette, tape, telecommunications or any other form of magnetic media, then the information shall be provided in non-proprietary and non-encrypted form. Minimum data standards shall be EBCDIC (Extended Binary Coded Decimal Interchange Code), ASCII (American Standard Code Information Interchange) or BCD (Binary Coded Decimal). (2) The list, and any other voter registration information, shall be the property of the county election commission and the state. Any vendor of the county election commission having access to the voter registration data shall only use such data to service the county election commission and shall be prohibited from using such data other than for purposes of assisting the county election commission and the coordinator of elections. Non-authorized use by the vendor of the data shall constitute a Class B misdemeanor and grounds for decertification by the state election commission.
(1) Such list, and any other voter registration information such as voter history, if compiled, shall be available for purchase for a price not to exceed the cost of production. This list shall be available to any person who certifies on a form provided by the state election commission that such list will be used for political purposes. The state election commission shall establish a uniform cost for this information. Any county election commission whose cost of production exceeds this rate may petition the state election commission and be granted an increase upon establishing its actual cost to the satisfaction of the state election commission. If the information is provided on computer generated media such as disk, diskette, tape, telecommunications or any other form of magnetic media, then the information shall be provided in non-proprietary and non-encrypted form. Minimum data standards shall be EBCDIC (Extended Binary Coded Decimal Interchange Code), ASCII (American Standard Code Information Interchange) or BCD (Binary Coded Decimal).
(2) The list, and any other voter registration information, shall be the property of the county election commission and the state. Any vendor of the county election commission having access to the voter registration data shall only use such data to service the county election commission and shall be prohibited from using such data other than for purposes of assisting the county election commission and the coordinator of elections. Non-authorized use by the vendor of the data shall constitute a Class B misdemeanor and grounds for decertification by the state election commission.
(c) The county election commission in counties with a population over two hundred fifty thousand (250,000), according to the 1980 census shall make voter registration lists available for purchase by any interested citizen, upon request and payment of the cost, at a price not in excess of the cost to prepare and publish such lists. The county election commission in counties with a population over two hundred fifty thousand (250,000), according to the 1980 census shall act upon such request within seven (7) days of receipt of the request, and reasons for rejection or modification of such request, if any, shall be set out in writing.
(d) (1) Any computerized county, as defined in § 2-1-104(a) , shall make the list required by this section available on computer diskette to any person who certifies on a form provided by the state election commission that such list will be used for political purposes. (2) A false certification made pursuant to this subsection (d) is a Class B misdemeanor, punishable only by a fine of five hundred dollars ($500).
(1) Any computerized county, as defined in § 2-1-104(a) , shall make the list required by this section available on computer diskette to any person who certifies on a form provided by the state election commission that such list will be used for political purposes.
(2) A false certification made pursuant to this subsection (d) is a Class B misdemeanor, punishable only by a fine of five hundred dollars ($500).
(e) Any list of registered voters compiled by the coordinator of elections shall be sold at a price established by the secretary of state. Any money received by the secretary of state from the sale of such lists shall be deposited in the voting machine loan fund established in § 2-9-114 . This list shall be available for purchase to any person who certifies on a form provided by the state election commission that such list will be used for political purposes only.
Amended by 2014 Tenn. Acts, ch. 880, s 2, eff. 5/1/2014.
Acts 1972, ch. 675, § 1; T.C.A., § 2-238; Acts 1981, ch. 478, § 7; 1993, ch. 379, § 2; 1994, ch. 919, § 32; 1995, ch. 196, § 1; 2000, ch. 756, § 3; 2002, ch. 694, § 1; 2008 , ch. 928, § 6.
Tenn. Code Ann. § 2-3-205 — TN Code / Title 2 / Chapter 3 / Section 2-3-205
All elections on same day to be held at same time and place
Status: in_force

All elections held on the same day in a county shall be held during the same hours and in the same polling places in the precincts where the elections are to be held. Acts 1972, ch. 740, § 1; T.C.A., § 2-311.
All elections held on the same day in a county shall be held during the same hours and in the same polling places in the precincts where the elections are to be held.
Acts 1972, ch. 740, § 1; T.C.A., § 2-311.
Tenn. Code Ann. § 2-10-310 — TN Code / Title 2 / Chapter 10 / Section 2-10-310
Fund raising during general assembly session
Status: in_force

(a) (1) Except as provided in subdivisions (a)(2) and (a)(3), from the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, no member of the general assembly or a member's campaign committee or the governor or the governor's campaign committee shall conduct a fundraiser or solicit or accept contributions for the benefit of the caucus, any caucus member or member or candidate of the general assembly or governor. (2) (A) During such period, a member of the general assembly who is a candidate for a local public office shall be permitted to conduct fundraising events and solicit or accept contributions for such campaign for local public office only under the following conditions: (i) Such fundraising events may be held only in the county in which such member is a candidate for local public office; (ii) Solicitations and acceptance of contributions for such purposes may only be made from individuals residing in such county; (iii) Such fundraising events shall not be held, nor contributions be solicited nor accepted, on state property; (iv) The member shall not be permitted to solicit or accept, directly or indirectly, any actual or in-kind contribution during such period from a lobbyist or employer of a lobbyist; and (v) No other member of the general assembly or the campaign committee of such other member shall be permitted to solicit or accept contributions during such period for the member campaigning for local public office. (B) It shall be unlawful for any lobbyist or employer of a lobbyist to make any contribution to such member's campaign committee during such period for any purpose. (3) All contributions raised as a result of fundraising or a fundraising event authorized and held in accordance with subdivision (a)(2) shall be reported on a form prescribed and provided by the registry of election finance for such purposes. Such form shall be filed with and attached to the applicable campaign finance disclosure report. The following disclosures shall be made on such form: (A) The amount of contributions collected as a result of such fundraising event; (B) The date and place such fundraising event was held; (C) The dates on which such contributions were accepted; and (D) All other information required by law to be reported on a campaign financial disclosure report. (b) From the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, a political campaign committee controlled by a political party on the national, state, or local level, or controlled by a caucus of such political party established by members of either house of the general assembly, or established or controlled by any member of the general assembly, that makes contributions to a candidate for the general assembly or governor for election or to defray the expenses of such person's office shall not conduct a fundraiser, solicit or accept contributions for the benefit of the caucus, any caucus member or candidate for the general assembly or governor. (c) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 108, s 8, eff. 4/4/2023. Acts 1995, ch. 531, § 1; 1998, ch. 1062, § 7; 2002, ch. 470, § 1; 2006 (1st Ex. Sess.), ch. 1, §§ 17, 18; 2011 , ch. 389, § 7.
(a) (1) Except as provided in subdivisions (a)(2) and (a)(3), from the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, no member of the general assembly or a member's campaign committee or the governor or the governor's campaign committee shall conduct a fundraiser or solicit or accept contributions for the benefit of the caucus, any caucus member or member or candidate of the general assembly or governor. (2) (A) During such period, a member of the general assembly who is a candidate for a local public office shall be permitted to conduct fundraising events and solicit or accept contributions for such campaign for local public office only under the following conditions: (i) Such fundraising events may be held only in the county in which such member is a candidate for local public office; (ii) Solicitations and acceptance of contributions for such purposes may only be made from individuals residing in such county; (iii) Such fundraising events shall not be held, nor contributions be solicited nor accepted, on state property; (iv) The member shall not be permitted to solicit or accept, directly or indirectly, any actual or in-kind contribution during such period from a lobbyist or employer of a lobbyist; and (v) No other member of the general assembly or the campaign committee of such other member shall be permitted to solicit or accept contributions during such period for the member campaigning for local public office. (B) It shall be unlawful for any lobbyist or employer of a lobbyist to make any contribution to such member's campaign committee during such period for any purpose. (3) All contributions raised as a result of fundraising or a fundraising event authorized and held in accordance with subdivision (a)(2) shall be reported on a form prescribed and provided by the registry of election finance for such purposes. Such form shall be filed with and attached to the applicable campaign finance disclosure report. The following disclosures shall be made on such form: (A) The amount of contributions collected as a result of such fundraising event; (B) The date and place such fundraising event was held; (C) The dates on which such contributions were accepted; and (D) All other information required by law to be reported on a campaign financial disclosure report.
(1) Except as provided in subdivisions (a)(2) and (a)(3), from the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, no member of the general assembly or a member's campaign committee or the governor or the governor's campaign committee shall conduct a fundraiser or solicit or accept contributions for the benefit of the caucus, any caucus member or member or candidate of the general assembly or governor.
(2) (A) During such period, a member of the general assembly who is a candidate for a local public office shall be permitted to conduct fundraising events and solicit or accept contributions for such campaign for local public office only under the following conditions: (i) Such fundraising events may be held only in the county in which such member is a candidate for local public office; (ii) Solicitations and acceptance of contributions for such purposes may only be made from individuals residing in such county; (iii) Such fundraising events shall not be held, nor contributions be solicited nor accepted, on state property; (iv) The member shall not be permitted to solicit or accept, directly or indirectly, any actual or in-kind contribution during such period from a lobbyist or employer of a lobbyist; and (v) No other member of the general assembly or the campaign committee of such other member shall be permitted to solicit or accept contributions during such period for the member campaigning for local public office. (B) It shall be unlawful for any lobbyist or employer of a lobbyist to make any contribution to such member's campaign committee during such period for any purpose.
(A) During such period, a member of the general assembly who is a candidate for a local public office shall be permitted to conduct fundraising events and solicit or accept contributions for such campaign for local public office only under the following conditions: (i) Such fundraising events may be held only in the county in which such member is a candidate for local public office; (ii) Solicitations and acceptance of contributions for such purposes may only be made from individuals residing in such county; (iii) Such fundraising events shall not be held, nor contributions be solicited nor accepted, on state property; (iv) The member shall not be permitted to solicit or accept, directly or indirectly, any actual or in-kind contribution during such period from a lobbyist or employer of a lobbyist; and (v) No other member of the general assembly or the campaign committee of such other member shall be permitted to solicit or accept contributions during such period for the member campaigning for local public office.
(i) Such fundraising events may be held only in the county in which such member is a candidate for local public office;
(ii) Solicitations and acceptance of contributions for such purposes may only be made from individuals residing in such county;
(iii) Such fundraising events shall not be held, nor contributions be solicited nor accepted, on state property;
(iv) The member shall not be permitted to solicit or accept, directly or indirectly, any actual or in-kind contribution during such period from a lobbyist or employer of a lobbyist; and
(v) No other member of the general assembly or the campaign committee of such other member shall be permitted to solicit or accept contributions during such period for the member campaigning for local public office.
(B) It shall be unlawful for any lobbyist or employer of a lobbyist to make any contribution to such member's campaign committee during such period for any purpose.
(3) All contributions raised as a result of fundraising or a fundraising event authorized and held in accordance with subdivision (a)(2) shall be reported on a form prescribed and provided by the registry of election finance for such purposes. Such form shall be filed with and attached to the applicable campaign finance disclosure report. The following disclosures shall be made on such form: (A) The amount of contributions collected as a result of such fundraising event; (B) The date and place such fundraising event was held; (C) The dates on which such contributions were accepted; and (D) All other information required by law to be reported on a campaign financial disclosure report.
(A) The amount of contributions collected as a result of such fundraising event;
(B) The date and place such fundraising event was held;
(C) The dates on which such contributions were accepted; and
(D) All other information required by law to be reported on a campaign financial disclosure report.
(b) From the convening of the general assembly in organizational session through the earlier of the last day of regular session or June 1 in odd years, and from the convening of the general assembly in regular session to the earlier of May 15 or the conclusion of the annual session in even years, and from the convening of the general assembly in any extraordinary session through the conclusion of such extraordinary session, a political campaign committee controlled by a political party on the national, state, or local level, or controlled by a caucus of such political party established by members of either house of the general assembly, or established or controlled by any member of the general assembly, that makes contributions to a candidate for the general assembly or governor for election or to defray the expenses of such person's office shall not conduct a fundraiser, solicit or accept contributions for the benefit of the caucus, any caucus member or candidate for the general assembly or governor.
(c) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 108, s 8, eff. 4/4/2023.
Acts 1995, ch. 531, § 1; 1998, ch. 1062, § 7; 2002, ch. 470, § 1; 2006 (1st Ex. Sess.), ch. 1, §§ 17, 18; 2011 , ch. 389, § 7.
Tenn. Code Ann. § 2-8-102 — TN Code / Title 2 / Chapter 8 / Section 2-8-102
Undelivered returns
Status: in_force

If the returns from any polling place have not been delivered to the county election commission by the first day after an election, the commission shall employ either a special messenger, a member of its staff or a member of the commission to obtain the missing returns. Acts 1972, ch. 740, § 1; T.C.A., § 2-802.
If the returns from any polling place have not been delivered to the county election commission by the first day after an election, the commission shall employ either a special messenger, a member of its staff or a member of the commission to obtain the missing returns.
Acts 1972, ch. 740, § 1; T.C.A., § 2-802.
Tenn. Code Ann. § 2-6-204 — TN Code / Title 2 / Chapter 6 / Section 2-6-204
Rejected applications and ballots
Status: in_force

(a) (1) If a voter fails to provide required information on an absentee voting by mail application, the administrator shall mark the application "Rejected" and return it to the voter immediately by mail with a red circle marked around the space provided for the required information. The voter may then return the same application after supplying the required information. (2) If a voter refuses to provide required information on any absentee voting application, the administrator shall mark the application "Rejected" and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant. (3) If the administrator determines that an applicant is ineligible to vote absentee, the administrator shall mark the application "Rejected" and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant. (4) If a county election commission receives an application for an absentee ballot by email with an attached document that includes a scanned signature, the administrator may send a notice of rejection by email with an attached document advising the voter of the reason for the rejection. (b) If upon receipt of any absentee ballot the administrator determines that the ballot is not entitled to be cast under this title, the administrator shall mark the absentee ballot envelope "Rejected," write the reason for the rejection on the envelope, and sign it. The absentee ballot envelope, unopened, shall be placed in a container of rejected absentee ballots for the election. Notice of the rejection shall immediately be given in writing to the voter. Amended by 2017 Tenn. Acts, ch. 245,s 5, eff. 5/2/2017. Acts 1972, ch. 740, § 1; T.C.A., §§ 2-614, 2-6-114; Acts 1994, ch. 859, § 2.
(a) (1) If a voter fails to provide required information on an absentee voting by mail application, the administrator shall mark the application "Rejected" and return it to the voter immediately by mail with a red circle marked around the space provided for the required information. The voter may then return the same application after supplying the required information. (2) If a voter refuses to provide required information on any absentee voting application, the administrator shall mark the application "Rejected" and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant. (3) If the administrator determines that an applicant is ineligible to vote absentee, the administrator shall mark the application "Rejected" and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant. (4) If a county election commission receives an application for an absentee ballot by email with an attached document that includes a scanned signature, the administrator may send a notice of rejection by email with an attached document advising the voter of the reason for the rejection.
(1) If a voter fails to provide required information on an absentee voting by mail application, the administrator shall mark the application "Rejected" and return it to the voter immediately by mail with a red circle marked around the space provided for the required information. The voter may then return the same application after supplying the required information.
(2) If a voter refuses to provide required information on any absentee voting application, the administrator shall mark the application "Rejected" and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant.
(3) If the administrator determines that an applicant is ineligible to vote absentee, the administrator shall mark the application "Rejected" and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant.
(4) If a county election commission receives an application for an absentee ballot by email with an attached document that includes a scanned signature, the administrator may send a notice of rejection by email with an attached document advising the voter of the reason for the rejection.
(b) If upon receipt of any absentee ballot the administrator determines that the ballot is not entitled to be cast under this title, the administrator shall mark the absentee ballot envelope "Rejected," write the reason for the rejection on the envelope, and sign it. The absentee ballot envelope, unopened, shall be placed in a container of rejected absentee ballots for the election. Notice of the rejection shall immediately be given in writing to the voter.
Amended by 2017 Tenn. Acts, ch. 245,s 5, eff. 5/2/2017.
Acts 1972, ch. 740, § 1; T.C.A., §§ 2-614, 2-6-114; Acts 1994, ch. 859, § 2.
Tenn. Code Ann. § 2-12-106 — TN Code / Title 2 / Chapter 12 / Section 2-12-106
Vacancies
Status: in_force

The county election commission shall give prompt notice of all vacancies to the state election commission, which shall appoint a new commissioner of the same political party as the vacating commissioner to fill the unexpired term. Acts 1972, ch. 740, § 1; T.C.A., § 2-1206.
The county election commission shall give prompt notice of all vacancies to the state election commission, which shall appoint a new commissioner of the same political party as the vacating commissioner to fill the unexpired term.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1206.
Tenn. Code Ann. § 2-6-503 — TN Code / Title 2 / Chapter 6 / Section 2-6-503
Special write-in absentee ballots
Status: in_force

(a) Not later than forty-five (45) days before a federal election, as defined in § 2-1-104 , the administrator of elections shall mail a ballot or electronically transfer a ballot to each member of the armed forces and each citizen temporarily outside the United States who is entitled to vote and who has submitted a valid application for a ballot. The ballot shall be mailed or electronically transferred in accordance with the preferred method of transmission designated by the applicant. If no preferred method is specified, the ballot shall be mailed. Nothing herein shall be construed to permit the transfer of a ballot by use of a fax machine or to permit a ballot which has been voted by an applicant to be electronically received by the election commission. The coordinator of elections is authorized to develop rules and procedures to ensure full compliance with federal law. The mailed ballot or the electronically transferred ballot shall be in one of the following forms: (1) An official absentee ballot that complies with the requirements of chapter 5, part 2 of this title and this chapter; or (2) A write-in ballot that is substantially identical to an absentee ballot described in subdivision (a)(1), except that no candidates' names shall be listed anywhere on the ballot. In addition to this write-in ballot, the administrator of elections shall include a complete list of all candidates who have qualified for the offices listed on the write-in ballot. (b) (1) Compliance with the time requirements of subsection (a) is required for any federal election as defined by § 2-1-104 . For any other election, if the coordinator of elections determines the appropriate qualifying or filing deadline does not reasonably allow compliance, the administrator of elections shall mail or electronically transfer a ballot not later than thirty (30) days before the election. (2) If the coordinator of elections determines an undue hardship exists for any federal election which prevents a county from complying with the time requirements of subsection (a), the coordinator of elections shall request a waiver as permitted under federal law. (c) If a vacancy occurs in the office of representatives in congress, and the coordinator of elections determines an undue hardship exists and a timely waiver may not be granted, preventing an election commission from complying with the time requirements of subsection (a), the following shall apply: (1) Notwithstanding the time established in § 2-16-101 for calling for a special election, within ten (10) days of the vacancy occurring, the governor shall, by writs of election, order a special election to fill the vacancy. The governor shall first determine whether the special election may be held in conjunction with an upcoming regular primary or general election as provided in § 2-14-102 ; (2) If the special election cannot be held in such manner, the governor shall, by writ of election, set a date not less than seventy-five (75) nor more than eighty (80) days from the date of the writ for primary election for nominations by statewide political parties to fill the vacancy and shall, by the same writ of election, set a date of not less than one hundred thirty (130) nor more than one hundred thirty-five (135) days from the date of the writ for a general election to fill the vacancy. Candidates for the primary elections and independent candidates for the general election shall qualify as required in regular elections but shall file qualifying petitions no later than twelve o'clock (12:00) noon, prevailing time, on the eighth Tuesday before the day of the primary elections. A candidate's request to withdraw shall be filed no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline; (3) Except where this section makes different provisions, chapter 14 of this title shall govern elections required by this section. The state primary boards shall perform their duties under chapter 8 of this title with respect to primaries held under this section as quickly as practicable and shall certify the nominees of their parties to the county election commissions no later than twelve o'clock (12:00) noon, prevailing time, on the fiftieth day before the day of the general election. Acts 1987, ch. 142, § 1; 1990, ch. 628, § 6; T.C.A., § 2-6-130; Acts 1994, ch. 859, § 6; 2010, ch. 636, §§ 5-7.
(a) Not later than forty-five (45) days before a federal election, as defined in § 2-1-104 , the administrator of elections shall mail a ballot or electronically transfer a ballot to each member of the armed forces and each citizen temporarily outside the United States who is entitled to vote and who has submitted a valid application for a ballot. The ballot shall be mailed or electronically transferred in accordance with the preferred method of transmission designated by the applicant. If no preferred method is specified, the ballot shall be mailed. Nothing herein shall be construed to permit the transfer of a ballot by use of a fax machine or to permit a ballot which has been voted by an applicant to be electronically received by the election commission. The coordinator of elections is authorized to develop rules and procedures to ensure full compliance with federal law. The mailed ballot or the electronically transferred ballot shall be in one of the following forms: (1) An official absentee ballot that complies with the requirements of chapter 5, part 2 of this title and this chapter; or (2) A write-in ballot that is substantially identical to an absentee ballot described in subdivision (a)(1), except that no candidates' names shall be listed anywhere on the ballot. In addition to this write-in ballot, the administrator of elections shall include a complete list of all candidates who have qualified for the offices listed on the write-in ballot.
(1) An official absentee ballot that complies with the requirements of chapter 5, part 2 of this title and this chapter; or
(2) A write-in ballot that is substantially identical to an absentee ballot described in subdivision (a)(1), except that no candidates' names shall be listed anywhere on the ballot. In addition to this write-in ballot, the administrator of elections shall include a complete list of all candidates who have qualified for the offices listed on the write-in ballot.
(b) (1) Compliance with the time requirements of subsection (a) is required for any federal election as defined by § 2-1-104 . For any other election, if the coordinator of elections determines the appropriate qualifying or filing deadline does not reasonably allow compliance, the administrator of elections shall mail or electronically transfer a ballot not later than thirty (30) days before the election. (2) If the coordinator of elections determines an undue hardship exists for any federal election which prevents a county from complying with the time requirements of subsection (a), the coordinator of elections shall request a waiver as permitted under federal law.
(1) Compliance with the time requirements of subsection (a) is required for any federal election as defined by § 2-1-104 . For any other election, if the coordinator of elections determines the appropriate qualifying or filing deadline does not reasonably allow compliance, the administrator of elections shall mail or electronically transfer a ballot not later than thirty (30) days before the election.
(2) If the coordinator of elections determines an undue hardship exists for any federal election which prevents a county from complying with the time requirements of subsection (a), the coordinator of elections shall request a waiver as permitted under federal law.
(c) If a vacancy occurs in the office of representatives in congress, and the coordinator of elections determines an undue hardship exists and a timely waiver may not be granted, preventing an election commission from complying with the time requirements of subsection (a), the following shall apply: (1) Notwithstanding the time established in § 2-16-101 for calling for a special election, within ten (10) days of the vacancy occurring, the governor shall, by writs of election, order a special election to fill the vacancy. The governor shall first determine whether the special election may be held in conjunction with an upcoming regular primary or general election as provided in § 2-14-102 ; (2) If the special election cannot be held in such manner, the governor shall, by writ of election, set a date not less than seventy-five (75) nor more than eighty (80) days from the date of the writ for primary election for nominations by statewide political parties to fill the vacancy and shall, by the same writ of election, set a date of not less than one hundred thirty (130) nor more than one hundred thirty-five (135) days from the date of the writ for a general election to fill the vacancy. Candidates for the primary elections and independent candidates for the general election shall qualify as required in regular elections but shall file qualifying petitions no later than twelve o'clock (12:00) noon, prevailing time, on the eighth Tuesday before the day of the primary elections. A candidate's request to withdraw shall be filed no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline; (3) Except where this section makes different provisions, chapter 14 of this title shall govern elections required by this section. The state primary boards shall perform their duties under chapter 8 of this title with respect to primaries held under this section as quickly as practicable and shall certify the nominees of their parties to the county election commissions no later than twelve o'clock (12:00) noon, prevailing time, on the fiftieth day before the day of the general election.
(1) Notwithstanding the time established in § 2-16-101 for calling for a special election, within ten (10) days of the vacancy occurring, the governor shall, by writs of election, order a special election to fill the vacancy. The governor shall first determine whether the special election may be held in conjunction with an upcoming regular primary or general election as provided in § 2-14-102 ;
(2) If the special election cannot be held in such manner, the governor shall, by writ of election, set a date not less than seventy-five (75) nor more than eighty (80) days from the date of the writ for primary election for nominations by statewide political parties to fill the vacancy and shall, by the same writ of election, set a date of not less than one hundred thirty (130) nor more than one hundred thirty-five (135) days from the date of the writ for a general election to fill the vacancy. Candidates for the primary elections and independent candidates for the general election shall qualify as required in regular elections but shall file qualifying petitions no later than twelve o'clock (12:00) noon, prevailing time, on the eighth Tuesday before the day of the primary elections. A candidate's request to withdraw shall be filed no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline;
(3) Except where this section makes different provisions, chapter 14 of this title shall govern elections required by this section. The state primary boards shall perform their duties under chapter 8 of this title with respect to primaries held under this section as quickly as practicable and shall certify the nominees of their parties to the county election commissions no later than twelve o'clock (12:00) noon, prevailing time, on the fiftieth day before the day of the general election.
Acts 1987, ch. 142, § 1; 1990, ch. 628, § 6; T.C.A., § 2-6-130; Acts 1994, ch. 859, § 6; 2010, ch. 636, §§ 5-7.
Tenn. Code Ann. § 2-13-114 — TN Code / Title 2 / Chapter 13 / Section 2-13-114
Calendar of appearances
Status: in_force

(a) The state executive committees for each statewide political party are urged to jointly establish a calendar of appearances in each county in this state enabling their respective gubernatorial candidates to appear together during the time between the primary and general elections. (b) At each such appearance, each candidate is to be given an opportunity to speak to those attending the event, and following each candidate's speech, a time is to be provided for a town-hall forum. (c) The schedule, if established, should be posted on the website of each political party no less than fifteen (15) days prior to the primary election. Once established, any change to a scheduled appearance or if one of the candidates should be unable to appear, should be posted as soon as such information is available to the respective committee. Acts 2009 , ch. 236, § 1.
(a) The state executive committees for each statewide political party are urged to jointly establish a calendar of appearances in each county in this state enabling their respective gubernatorial candidates to appear together during the time between the primary and general elections.
(b) At each such appearance, each candidate is to be given an opportunity to speak to those attending the event, and following each candidate's speech, a time is to be provided for a town-hall forum.
(c) The schedule, if established, should be posted on the website of each political party no less than fifteen (15) days prior to the primary election. Once established, any change to a scheduled appearance or if one of the candidates should be unable to appear, should be posted as soon as such information is available to the respective committee.
Acts 2009 , ch. 236, § 1.
Tenn. Code Ann. § 2-10-116 — TN Code / Title 2 / Chapter 10 / Section 2-10-116
Honorarium defined - Acceptance of honorarium by public official
Status: in_force

(a) The acceptance of an honorarium by a public official in such person's capacity as a public official is prohibited. "Honorarium" means a payment of money or any thing of value for an appearance, speech or article, but does not include actual and necessary travel expenses, meals and lodging associated with such appearance, speech or article. (b) Acceptance of an honorarium for an appearance, speech or article by a public official in such person's capacity as a private business person, professional or tradesperson is not prohibited. (c) As used in this section, "public official" means: (1) Each person holding any state public office filled by the voters; (2) Each person holding any local public office filled by the voters; (3) Each member of the governor's cabinet; and (4) Each cabinet level staff person employed within the governor's office. Acts 1992, ch. 978, § 4; 2006, ch. 545, § 1.
(a) The acceptance of an honorarium by a public official in such person's capacity as a public official is prohibited. "Honorarium" means a payment of money or any thing of value for an appearance, speech or article, but does not include actual and necessary travel expenses, meals and lodging associated with such appearance, speech or article.
(b) Acceptance of an honorarium for an appearance, speech or article by a public official in such person's capacity as a private business person, professional or tradesperson is not prohibited.
(c) As used in this section, "public official" means: (1) Each person holding any state public office filled by the voters; (2) Each person holding any local public office filled by the voters; (3) Each member of the governor's cabinet; and (4) Each cabinet level staff person employed within the governor's office.
(1) Each person holding any state public office filled by the voters;
(2) Each person holding any local public office filled by the voters;
(3) Each member of the governor's cabinet; and
(4) Each cabinet level staff person employed within the governor's office.
Acts 1992, ch. 978, § 4; 2006, ch. 545, § 1.
Tenn. Code Ann. § 2-14-103 — TN Code / Title 2 / Chapter 14 / Section 2-14-103
Order for special elections
Status: in_force

The governor shall, by writs of election, order special elections for all offices except county and municipal offices for which elections shall be ordered by the county election commission. Acts 1972, ch. 740, § 1; T.C.A., § 2-1403.
The governor shall, by writs of election, order special elections for all offices except county and municipal offices for which elections shall be ordered by the county election commission.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1403.
Tenn. Code Ann. § 2-6-110 — TN Code / Title 2 / Chapter 6 / Section 2-6-110
Early voting application - Uniform forms
Status: in_force

The coordinator of elections shall adopt a uniform form for each county election commission for an application for early voting. Acts 1994, ch. 859, § 2.
The coordinator of elections shall adopt a uniform form for each county election commission for an application for early voting.
Acts 1994, ch. 859, § 2.
Tenn. Code Ann. § 2-5-204 — TN Code / Title 2 / Chapter 5 / Section 2-5-204
Placing of names on ballots - Withdrawal or disqualification of candidate - Death of candidate
Status: in_force

(a) Each qualified candidate's name shall be placed on the ballot as it appears on the candidate's nominating petitions unless the candidate dies before the ballots are printed, or unless the candidate requests in writing that the candidate's name not appear on the ballot and files the request with each of the officers with whom the candidate filed nominating petitions or to whom the candidate's nomination was certified as a political party nominee, or unless the executive committee with which a primary candidate filed the original petition determines that the candidate is not qualified under § 2-13-104 . (b) (1) A candidate's request to withdraw shall be filed no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election. A candidate who qualifies pursuant to § 2-5-101(g)(1) or who is nominated pursuant to § 2-13-204(c) must file any request to withdraw no later than twelve o'clock (12:00) noon prevailing time on the third day after the qualifying deadline. (2) (A) An executive committee that determines that a candidate is not qualified under § 2-13-104 shall file the committee's determination with the coordinator of elections no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election. The coordinator of elections shall notify each county election commission on whose ballots the candidate's name would otherwise appear prior to the election commission printing the ballot. (B) If an executive committee submits a candidate's name to be excluded from the ballot pursuant to subdivision (b)(2)(A), the executive committee shall provide the candidate written notice of the exclusion within two (2) days after submission. The executive committee shall mail the notice by certified mail, return receipt requested, or any form of expedited mail that requires a signature at receipt, to the residential address or the business address of the candidate as listed on the candidate's nominating petition. The executive committee shall retain the return receipts, or other documentation of timely notification, for a period of not less than one (1) year from the date the notification was sent. The candidate may appeal the determination in writing and must file the original appeal with the executive committee and a copy of the appeal with the coordinator of elections within two (2) days of receipt of the notice from the executive committee. Unless the coordinator of elections receives a letter from the executive committee withdrawing the committee's determination of the candidate's disqualification no later than the close of business seven (7) days after the original withdrawal deadline, the candidate's name must be excluded from the ballot. The executive committee may file the withdrawal letter with the coordinator of elections by fax, email, hand delivery, or through a priority mail process. (C) The appeal process described in subdivision (b)(2)(B) does not apply to a special primary or special general election to fill the vacancy for members of the general assembly or the office of representatives in congress. (c) If no less than four (4) members of the county election commission vote in the affirmative that a candidate's name on the ballot would be confusing or misleading, the county election commission may require further identifying information or may omit any confusing or misleading portion of the name. In an election where the candidate's name will appear on the ballot in more than one (1) county, this authority shall rest with the state election commission. (d) No titles may be printed with the candidate's name. (e) If a candidate dies within forty (40) days before the election, the decedent's name shall remain on the ballot. If the deceased candidate receives the necessary votes to otherwise be elected, then a vacancy shall exist. The vacancy shall be filled as otherwise provided for by law. Amended by 2019 Tenn. Acts, ch. 441,s 1, eff. 5/22/2019. Acts 1972, ch. 740, § 1; 1978, ch. 754, § 2; T.C.A., § 2-509; Acts 1988, ch. 933, § 14; 1989, ch. 128, § 2; 1999, ch. 6, § 3; 1999, ch. 197, § 6; 2001, ch. 413, § 2.
(a) Each qualified candidate's name shall be placed on the ballot as it appears on the candidate's nominating petitions unless the candidate dies before the ballots are printed, or unless the candidate requests in writing that the candidate's name not appear on the ballot and files the request with each of the officers with whom the candidate filed nominating petitions or to whom the candidate's nomination was certified as a political party nominee, or unless the executive committee with which a primary candidate filed the original petition determines that the candidate is not qualified under § 2-13-104 .
(b) (1) A candidate's request to withdraw shall be filed no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election. A candidate who qualifies pursuant to § 2-5-101(g)(1) or who is nominated pursuant to § 2-13-204(c) must file any request to withdraw no later than twelve o'clock (12:00) noon prevailing time on the third day after the qualifying deadline. (2) (A) An executive committee that determines that a candidate is not qualified under § 2-13-104 shall file the committee's determination with the coordinator of elections no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election. The coordinator of elections shall notify each county election commission on whose ballots the candidate's name would otherwise appear prior to the election commission printing the ballot. (B) If an executive committee submits a candidate's name to be excluded from the ballot pursuant to subdivision (b)(2)(A), the executive committee shall provide the candidate written notice of the exclusion within two (2) days after submission. The executive committee shall mail the notice by certified mail, return receipt requested, or any form of expedited mail that requires a signature at receipt, to the residential address or the business address of the candidate as listed on the candidate's nominating petition. The executive committee shall retain the return receipts, or other documentation of timely notification, for a period of not less than one (1) year from the date the notification was sent. The candidate may appeal the determination in writing and must file the original appeal with the executive committee and a copy of the appeal with the coordinator of elections within two (2) days of receipt of the notice from the executive committee. Unless the coordinator of elections receives a letter from the executive committee withdrawing the committee's determination of the candidate's disqualification no later than the close of business seven (7) days after the original withdrawal deadline, the candidate's name must be excluded from the ballot. The executive committee may file the withdrawal letter with the coordinator of elections by fax, email, hand delivery, or through a priority mail process. (C) The appeal process described in subdivision (b)(2)(B) does not apply to a special primary or special general election to fill the vacancy for members of the general assembly or the office of representatives in congress.
(1) A candidate's request to withdraw shall be filed no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election. A candidate who qualifies pursuant to § 2-5-101(g)(1) or who is nominated pursuant to § 2-13-204(c) must file any request to withdraw no later than twelve o'clock (12:00) noon prevailing time on the third day after the qualifying deadline.
(2) (A) An executive committee that determines that a candidate is not qualified under § 2-13-104 shall file the committee's determination with the coordinator of elections no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election. The coordinator of elections shall notify each county election commission on whose ballots the candidate's name would otherwise appear prior to the election commission printing the ballot. (B) If an executive committee submits a candidate's name to be excluded from the ballot pursuant to subdivision (b)(2)(A), the executive committee shall provide the candidate written notice of the exclusion within two (2) days after submission. The executive committee shall mail the notice by certified mail, return receipt requested, or any form of expedited mail that requires a signature at receipt, to the residential address or the business address of the candidate as listed on the candidate's nominating petition. The executive committee shall retain the return receipts, or other documentation of timely notification, for a period of not less than one (1) year from the date the notification was sent. The candidate may appeal the determination in writing and must file the original appeal with the executive committee and a copy of the appeal with the coordinator of elections within two (2) days of receipt of the notice from the executive committee. Unless the coordinator of elections receives a letter from the executive committee withdrawing the committee's determination of the candidate's disqualification no later than the close of business seven (7) days after the original withdrawal deadline, the candidate's name must be excluded from the ballot. The executive committee may file the withdrawal letter with the coordinator of elections by fax, email, hand delivery, or through a priority mail process. (C) The appeal process described in subdivision (b)(2)(B) does not apply to a special primary or special general election to fill the vacancy for members of the general assembly or the office of representatives in congress.
(A) An executive committee that determines that a candidate is not qualified under § 2-13-104 shall file the committee's determination with the coordinator of elections no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline for the election. The coordinator of elections shall notify each county election commission on whose ballots the candidate's name would otherwise appear prior to the election commission printing the ballot.
(B) If an executive committee submits a candidate's name to be excluded from the ballot pursuant to subdivision (b)(2)(A), the executive committee shall provide the candidate written notice of the exclusion within two (2) days after submission. The executive committee shall mail the notice by certified mail, return receipt requested, or any form of expedited mail that requires a signature at receipt, to the residential address or the business address of the candidate as listed on the candidate's nominating petition. The executive committee shall retain the return receipts, or other documentation of timely notification, for a period of not less than one (1) year from the date the notification was sent. The candidate may appeal the determination in writing and must file the original appeal with the executive committee and a copy of the appeal with the coordinator of elections within two (2) days of receipt of the notice from the executive committee. Unless the coordinator of elections receives a letter from the executive committee withdrawing the committee's determination of the candidate's disqualification no later than the close of business seven (7) days after the original withdrawal deadline, the candidate's name must be excluded from the ballot. The executive committee may file the withdrawal letter with the coordinator of elections by fax, email, hand delivery, or through a priority mail process.
(C) The appeal process described in subdivision (b)(2)(B) does not apply to a special primary or special general election to fill the vacancy for members of the general assembly or the office of representatives in congress.
(c) If no less than four (4) members of the county election commission vote in the affirmative that a candidate's name on the ballot would be confusing or misleading, the county election commission may require further identifying information or may omit any confusing or misleading portion of the name. In an election where the candidate's name will appear on the ballot in more than one (1) county, this authority shall rest with the state election commission.
(d) No titles may be printed with the candidate's name.
(e) If a candidate dies within forty (40) days before the election, the decedent's name shall remain on the ballot. If the deceased candidate receives the necessary votes to otherwise be elected, then a vacancy shall exist. The vacancy shall be filled as otherwise provided for by law.
Amended by 2019 Tenn. Acts, ch. 441,s 1, eff. 5/22/2019.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 2; T.C.A., § 2-509; Acts 1988, ch. 933, § 14; 1989, ch. 128, § 2; 1999, ch. 6, § 3; 1999, ch. 197, § 6; 2001, ch. 413, § 2.
Tenn. Code Ann. § 2-12-103 — TN Code / Title 2 / Chapter 12 / Section 2-12-103
Political division of commission
Status: in_force

(a) Three (3) members shall be members of the majority party and two (2) members shall be members of the minority party. (b) (1) The members of the majority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions. (2) The members of the minority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions. The chair of the county election commission shall be a member of the majority party, and the secretary shall be a member of a minority party. (3) When members of another statewide political party are required to be appointed to a county election commission, they shall be nominated by the party's state primary board. (4) Before appointing county election commissioners, the members of the state election commission shall consult with the members of the general assembly serving each of the counties as to the persons to be appointed to the county election commissions. Amended by 2016 Tenn. Acts, ch. 1069,s 1, eff. 7/1/2016. Acts 1972, ch. 740, § 1; 1977, ch. 26, § 1; T.C.A., § 2-1203.
(a) Three (3) members shall be members of the majority party and two (2) members shall be members of the minority party.
(b) (1) The members of the majority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions. (2) The members of the minority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions. The chair of the county election commission shall be a member of the majority party, and the secretary shall be a member of a minority party. (3) When members of another statewide political party are required to be appointed to a county election commission, they shall be nominated by the party's state primary board. (4) Before appointing county election commissioners, the members of the state election commission shall consult with the members of the general assembly serving each of the counties as to the persons to be appointed to the county election commissions.
(1) The members of the majority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions.
(2) The members of the minority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions. The chair of the county election commission shall be a member of the majority party, and the secretary shall be a member of a minority party.
(3) When members of another statewide political party are required to be appointed to a county election commission, they shall be nominated by the party's state primary board.
(4) Before appointing county election commissioners, the members of the state election commission shall consult with the members of the general assembly serving each of the counties as to the persons to be appointed to the county election commissions.
Amended by 2016 Tenn. Acts, ch. 1069,s 1, eff. 7/1/2016.
Acts 1972, ch. 740, § 1; 1977, ch. 26, § 1; T.C.A., § 2-1203.
Tenn. Code Ann. § 2-19-104 — TN Code / Title 2 / Chapter 19 / Section 2-19-104
Misconduct in performance of duties for purposes of misleading another
Status: in_force

A person commits a Class C misdemeanor who, with the purpose of misleading a person in the performance of such person's official duties under this title: (1) Makes any written or oral false statement which such person does not believe to be true; (2) Purposely creates a false impression in a written application required by this title by omitting information necessary to prevent statements therein from being misleading; or (3) Submits or invites reliance on any writing which such person knows to be forged, altered or otherwise lacking in authenticity. Acts 1972, ch. 740, § 1; T.C.A., § 2-1904; Acts 1989, ch. 591, § 113.
A person commits a Class C misdemeanor who, with the purpose of misleading a person in the performance of such person's official duties under this title:
(1) Makes any written or oral false statement which such person does not believe to be true;
(2) Purposely creates a false impression in a written application required by this title by omitting information necessary to prevent statements therein from being misleading; or
(3) Submits or invites reliance on any writing which such person knows to be forged, altered or otherwise lacking in authenticity.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1904; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 2-11-108 — TN Code / Title 2 / Chapter 11 / Section 2-11-108
Expenses
Status: in_force

(a) The state election commission shall be allowed the necessary sum per annum, payable out of the state treasury, for stationery, postage, and expenses incidental to the conduct of the business of the commission, which shall be payable upon vouchers signed by the secretary and countersigned by the chair of the commission. (b) The members shall be entitled to reimbursement for travel expense incurred in the performance of their official duties in conformity with comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1972, ch. 740, § 1; 1976, ch. 806, § 1 (24); 1978, ch. 754, § 6; T.C.A., § 2-1108.
(a) The state election commission shall be allowed the necessary sum per annum, payable out of the state treasury, for stationery, postage, and expenses incidental to the conduct of the business of the commission, which shall be payable upon vouchers signed by the secretary and countersigned by the chair of the commission.
(b) The members shall be entitled to reimbursement for travel expense incurred in the performance of their official duties in conformity with comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1972, ch. 740, § 1; 1976, ch. 806, § 1 (24); 1978, ch. 754, § 6; T.C.A., § 2-1108.
Tenn. Code Ann. § 2-11-103 — TN Code / Title 2 / Chapter 11 / Section 2-11-103
Political composition of commission - Nominations
Status: in_force

(a) Four (4) members of the commission shall be members of the majority party, and three (3) members of the commission shall be members of the minority party. (b) Each member to be elected shall first be nominated by a joint senate-house caucus of the members of the party of which such person is a member. Acts 1972, ch. 740, § 1; 1975, ch. 72, § 4; T.C.A., § 2-1103; Acts 2011, ch. 125, § 2.
(a) Four (4) members of the commission shall be members of the majority party, and three (3) members of the commission shall be members of the minority party.
(b) Each member to be elected shall first be nominated by a joint senate-house caucus of the members of the party of which such person is a member.
Acts 1972, ch. 740, § 1; 1975, ch. 72, § 4; T.C.A., § 2-1103; Acts 2011, ch. 125, § 2.
Tenn. Code Ann. § 2-10-211 — TN Code / Title 2 / Chapter 10 / Section 2-10-211
Electronic filing system
Status: in_force

(a) The registry of election finance, notwithstanding any other law to the contrary, shall do all of the following: (1) Develop, with the advice, assistance and approval of the division of strategic technology solutions, an internet-based electronic filing process for use by all candidates for state public office and all political campaign committees that are required to file statements and reports with the registry of election finance; (2) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that provides each candidate and campaign committee with secure access to the electronic filing system. The system shall provide safeguards against efforts to tamper or change the data in any way; (3) Provide training to candidates and campaign committees on the use of the electronic filing system; (4) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that will forward a copy of any candidate's report that is filed electronically with the registry of election finance to the appropriate local county election commission; and (5) Provide public access to a list of campaign contributions made to candidates and a list of expenditures made by those candidates by posting the lists on the Internet. In addition, the registry shall provide assistance to anyone seeking to access this information on the internet. Beginning with the 2006 regular August election, campaign contribution lists shall be made available on the Internet after a candidate has filed the information and the registry has reviewed the statements for accuracy and timeliness. If a candidate has not timely filed campaign contribution lists, then the registry shall post on the Internet that the candidate's statement is delinquent. (b) The registry of election finance, once the development of the electronic filing system is completed and tested, shall provide public notice that the system is operational and available for filers to commence use. (c) The registry of election finance shall, with the advice, assistance and approval of the division of strategic technology solutions, implement the electronic filing system for use in the 2006 regular August election and all subsequent state elections. Candidates for state public offices and campaign committees may commence electronic filing for any state election beginning in the year 2006 and after notice has been given pursuant to subsection (b), and may continue to file electronically all reports for any subsequent state elections. Beginning in July 2006, candidates for state public offices and campaign committees, who have contributions or expenditures in excess of one thousand dollars ($1,000) per reporting period, shall file electronically all reports for any subsequent state elections. Failure to timely file reports electronically may be penalized as provided in § 2-10-110 . (d) All information entered by any candidate or campaign committee into the electronic filing system shall remain confidential until the information is filed with the registry of election finance. Amended by 2020 Tenn. Acts, ch. 690, s 1, eff. 6/11/2020. Acts 2003 , ch. 414, § 1; 2006 (1st Ex. Sess.), ch. 1, § 13.
(a) The registry of election finance, notwithstanding any other law to the contrary, shall do all of the following: (1) Develop, with the advice, assistance and approval of the division of strategic technology solutions, an internet-based electronic filing process for use by all candidates for state public office and all political campaign committees that are required to file statements and reports with the registry of election finance; (2) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that provides each candidate and campaign committee with secure access to the electronic filing system. The system shall provide safeguards against efforts to tamper or change the data in any way; (3) Provide training to candidates and campaign committees on the use of the electronic filing system; (4) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that will forward a copy of any candidate's report that is filed electronically with the registry of election finance to the appropriate local county election commission; and (5) Provide public access to a list of campaign contributions made to candidates and a list of expenditures made by those candidates by posting the lists on the Internet. In addition, the registry shall provide assistance to anyone seeking to access this information on the internet. Beginning with the 2006 regular August election, campaign contribution lists shall be made available on the Internet after a candidate has filed the information and the registry has reviewed the statements for accuracy and timeliness. If a candidate has not timely filed campaign contribution lists, then the registry shall post on the Internet that the candidate's statement is delinquent.
(1) Develop, with the advice, assistance and approval of the division of strategic technology solutions, an internet-based electronic filing process for use by all candidates for state public office and all political campaign committees that are required to file statements and reports with the registry of election finance;
(2) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that provides each candidate and campaign committee with secure access to the electronic filing system. The system shall provide safeguards against efforts to tamper or change the data in any way;
(3) Provide training to candidates and campaign committees on the use of the electronic filing system;
(4) Develop, with the advice, assistance and approval of the division of strategic technology solutions, a system that will forward a copy of any candidate's report that is filed electronically with the registry of election finance to the appropriate local county election commission; and
(5) Provide public access to a list of campaign contributions made to candidates and a list of expenditures made by those candidates by posting the lists on the Internet. In addition, the registry shall provide assistance to anyone seeking to access this information on the internet. Beginning with the 2006 regular August election, campaign contribution lists shall be made available on the Internet after a candidate has filed the information and the registry has reviewed the statements for accuracy and timeliness. If a candidate has not timely filed campaign contribution lists, then the registry shall post on the Internet that the candidate's statement is delinquent.
(b) The registry of election finance, once the development of the electronic filing system is completed and tested, shall provide public notice that the system is operational and available for filers to commence use.
(c) The registry of election finance shall, with the advice, assistance and approval of the division of strategic technology solutions, implement the electronic filing system for use in the 2006 regular August election and all subsequent state elections. Candidates for state public offices and campaign committees may commence electronic filing for any state election beginning in the year 2006 and after notice has been given pursuant to subsection (b), and may continue to file electronically all reports for any subsequent state elections. Beginning in July 2006, candidates for state public offices and campaign committees, who have contributions or expenditures in excess of one thousand dollars ($1,000) per reporting period, shall file electronically all reports for any subsequent state elections. Failure to timely file reports electronically may be penalized as provided in § 2-10-110 .
(d) All information entered by any candidate or campaign committee into the electronic filing system shall remain confidential until the information is filed with the registry of election finance.
Amended by 2020 Tenn. Acts, ch. 690, s 1, eff. 6/11/2020.
Acts 2003 , ch. 414, § 1; 2006 (1st Ex. Sess.), ch. 1, § 13.
Tenn. Code Ann. § 2-2-123 — TN Code / Title 2 / Chapter 2 / Section 2-2-123
Cancellation of previous registration
Status: in_force

If a registrant was previously registered in any other place, the registrant's application to register shall serve as a cancellation of registration for the last place of registration. Upon registration of the voter, the administrator of elections shall mail a copy of the new registration to the county election commission where the voter was last registered or otherwise notify such county election commission of the new registration. Acts 1972, ch. 740, § 1; T.C.A., § 2-223; Acts 1994, ch. 919, § 20.
If a registrant was previously registered in any other place, the registrant's application to register shall serve as a cancellation of registration for the last place of registration. Upon registration of the voter, the administrator of elections shall mail a copy of the new registration to the county election commission where the voter was last registered or otherwise notify such county election commission of the new registration.
Acts 1972, ch. 740, § 1; T.C.A., § 2-223; Acts 1994, ch. 919, § 20.
Tenn. Code Ann. § 2-18-113 — TN Code / Title 2 / Chapter 18 / Section 2-18-113
Consideration of report
Status: in_force

(a) When the report has been made, the speaker of the senate shall cause the members of both houses to be notified, in open session of each house, that the report has been made. The speaker of the senate shall fix the day for the consideration of the report. (b) The members of both houses shall then assemble and consider the report and determine the election. They shall decide the questions involved and determine which person received the highest number of legal votes. A faithful and correct record of all the proceedings of the joint assembly shall be kept by the clerk of the senate, which, together with the reports of the committee, shall be entered upon the journal of the senate. Acts 1972, ch. 740, § 1; T.C.A., § 2-1813.
(a) When the report has been made, the speaker of the senate shall cause the members of both houses to be notified, in open session of each house, that the report has been made. The speaker of the senate shall fix the day for the consideration of the report.
(b) The members of both houses shall then assemble and consider the report and determine the election. They shall decide the questions involved and determine which person received the highest number of legal votes. A faithful and correct record of all the proceedings of the joint assembly shall be kept by the clerk of the senate, which, together with the reports of the committee, shall be entered upon the journal of the senate.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1813.
Tenn. Code Ann. § 2-1-101 — TN Code / Title 2 / Chapter 1 / Section 2-1-101
Short title
Status: in_force

This title may be cited as the "Election Code." Acts 1972, ch. 740, § 1; T.C.A., § 2-101.
This title may be cited as the "Election Code."
Acts 1972, ch. 740, § 1; T.C.A., § 2-101.
Tenn. Code Ann. § 2-2-117 — TN Code / Title 2 / Chapter 2 / Section 2-2-117
Voting record form
Status: in_force

(a) On the back of each registration form (or on a separate form if an alternate electronic registration system is used), there shall be printed a ten-year voting record form substantially as follows: VOTING RECORD Name of Voter YEAR PARTY General Primary Other Election Election Elections Ballot No. or Ballot No. or Ballot No. or Ballot Ballot Ballot Application Application Application Number Number Number 1971 ______________ 1972 ______________ Continued for remainder of ten (10) years ______________ (b) The year dates printed in the first column shall be changed with each year's printing of the form. Acts 1972, ch. 740, § 1; T.C.A., § 2-217; Acts 1984, ch. 935, §§ 1, 6; 1989, ch. 590, § 1; 1994, ch. 919, § 16.
(a) On the back of each registration form (or on a separate form if an alternate electronic registration system is used), there shall be printed a ten-year voting record form substantially as follows: VOTING RECORD Name of Voter YEAR PARTY General Primary Other Election Election Elections Ballot No. or Ballot No. or Ballot No. or Ballot Ballot Ballot Application Application Application Number Number Number 1971 ______________ 1972 ______________ Continued for remainder of ten (10) years ______________
VOTING RECORD Name of Voter
YEAR PARTY General Primary Other Election Election Elections Ballot No. or Ballot No. or Ballot No. or Ballot Ballot Ballot Application Application Application Number Number Number 1971 ______________ 1972 ______________ Continued for remainder of ten (10) years ______________
YEAR
PARTY
General
Primary
Other
Election
Elections
Ballot No. or
Ballot
Application
Number
1971
______________
1972
______________
Continued for remainder of ten (10) years
______________
(b) The year dates printed in the first column shall be changed with each year's printing of the form.
Acts 1972, ch. 740, § 1; T.C.A., § 2-217; Acts 1984, ch. 935, §§ 1, 6; 1989, ch. 590, § 1; 1994, ch. 919, § 16.
Tenn. Code Ann. § 2-19-114 — TN Code / Title 2 / Chapter 19 / Section 2-19-114
Illegal act by official causing loss of ballots or invalidating election
Status: in_force

An election official or member of a board or commission holding office under this title commits a Class E felony if such person intentionally fails to do any official act required by law or does any illegal act, in relation to any election by which act or omission the votes taken at the election in any precinct are lost, or the electors thereof deprived of their suffrage at such election, or if such person intentionally does any act which renders such election void. Acts 1972, ch. 740, § 1; T.C.A., § 2-1914; Acts 1989, ch. 591, § 113; 2001, ch. 465, § 10; 2006, ch. 903, § 4.
An election official or member of a board or commission holding office under this title commits a Class E felony if such person intentionally fails to do any official act required by law or does any illegal act, in relation to any election by which act or omission the votes taken at the election in any precinct are lost, or the electors thereof deprived of their suffrage at such election, or if such person intentionally does any act which renders such election void.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1914; Acts 1989, ch. 591, § 113; 2001, ch. 465, § 10; 2006, ch. 903, § 4.
Tenn. Code Ann. § 2-10-133 — TN Code / Title 2 / Chapter 10 / Section 2-10-133
Restrictions on continuing future contributions
Status: in_force

A candidate or political campaign committee, in soliciting and receiving a contribution from a person, shall not utilize pre-checked or pre-marked boxes in a solicitation authorizing or requiring continuing future contributions to that candidate or committee from the credit card or another form of payment provided by the person from whom a contribution is requested. Such a request for a continuing future contribution from a potential contributor must be accepted and acknowledged in writing by the potential contributor in clear and precise language evidencing the intent of the contributor to authorize a continuing contribution. Such continuing contributions must not exceed the contribution limits established in part 3 of this chapter. Added by 2022 Tenn. Acts, ch. 1087,s 26, eff. 5/27/2022.
A candidate or political campaign committee, in soliciting and receiving a contribution from a person, shall not utilize pre-checked or pre-marked boxes in a solicitation authorizing or requiring continuing future contributions to that candidate or committee from the credit card or another form of payment provided by the person from whom a contribution is requested. Such a request for a continuing future contribution from a potential contributor must be accepted and acknowledged in writing by the potential contributor in clear and precise language evidencing the intent of the contributor to authorize a continuing contribution. Such continuing contributions must not exceed the contribution limits established in part 3 of this chapter.
Added by 2022 Tenn. Acts, ch. 1087,s 26, eff. 5/27/2022.
Tenn. Code Ann. § 2-16-102 — TN Code / Title 2 / Chapter 16 / Section 2-16-102
Establishment of congressional districts
Status: in_force

The general assembly shall establish the composition of districts for the election of members of the house of representatives in congress after each enumeration and apportionment of representation by the congress of the United States. The districts may not be changed between apportionments. Acts 1972, ch. 740, § 1; T.C.A., § 2-1602.
The general assembly shall establish the composition of districts for the election of members of the house of representatives in congress after each enumeration and apportionment of representation by the congress of the United States. The districts may not be changed between apportionments.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1602.