OMB Control No. 3265-0006 1 Expiration Date 5/31/2013

U.S. ELECTION ASSISTANCE COMMISSION

 2012 Election Administration & Voting Survey

Tennessee

Statutory Overview

In order to better understand state laws governing federal elections, the U.S. Election 

Assistance Commission, as part of its biennial Election Administration and Voting 

Survey, is collecting information on state election laws and procedures. These answers 

will help EAC to better understand the quantitative data relating to the 2012 general 

election that we are collecting from all U.S. states and territories.

EAC understands that responding to this Statutory Overview may require significant 

staff time on the part of your office. Please be assured that we have attempted to 

minimize the burden, and we appreciate your cooperation in this very important 

project.

Information Supplied By 

Name Kathy Summers / Beth Henry - Robertson

Title Elections Specialist / Assistant Coordinator of Elections

Office/Agency Name TN – Secretary of State – Elections Division

Address 1 312 Rosa L. Parks Ave, 9th Floor

Address 2

City Nashville

State TN

Zip Code 37243

Email Address Kathy.Summers@tn.gov

Telephone (area Code and number) 615-253-4585

Fax Number (area code and number) 615-741-1278
OMB Control No. 3265-0006 2 Expiration Date 5/31/2013

DIRECTIONS AND EXAMPLE

Please provide your state’s legal citation for the responses to these questions (where 

applicable). Prior to beginning the Statutory Overview, please ensure that “track 

changes” is turned on; this will provide a record of all changes that are made including 

insertions, deletions, and formatting changes. To turn on track changes hold down 

“Control” and “Shift” and “E” at the same time. For additional assistance in working 

with “track changes” please contact your Technical Assistance point of contact at ICF 

International. 

We have provided you with your answers to the 2010 Statutory Overview. If there has 

not been a change in your State’s laws or legal citation in the response to a question, 

please mark No Change Since 2010 with an “X” as shown below:

__X__ No Change Since 2010

If the response has changed since 2010, please mark Changed Since 2010 with an “X”

and modify the answer as needed using track changes. If you need to replace the entire 

answer, please delete the 2010 response and record your 2012 response between the red 

bracketed text lines, as described below.

__X__ Changed Since 2010

Please answer each question to the best of your ability. If terms are ambiguous or not 

relevant, please explain why. If a question is not applicable to your state, please explain 

why. If a definition or term lacks statutory reference but is widely understood in 

practice, please explain. If election procedures vary at the local level within your state, 

please explain to the best of your ability.

If state laws are currently enjoined or otherwise blocked from enforcement by a state or 

federal court, or executive decision, please specify.

Please keep your responses between the red, bracketed text lines. This will help us 

extract your answers into our central database.

Example:

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote

[Begin definition (a) below this line.]

Your answer goes here. You may enter the text directly, or cut and paste from 

another word processing program.

There is no limit to the length of your response.

[End definition (a) above this line.]
OMB Control No. 3265-0006 3 Expiration Date 5/31/2013

SECTION A: GENERAL 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (a) below this line.]

Not defined.

[End definition (a) above this line.]

b. Under-vote

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (b) below this line.]

Not defined.

[End definition (b) above this line.]

c. Blank ballot

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (c) below this line.]

Not defined.

[End definition (c) above this line.]

d. Void/Spoiled ballot

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:
OMB Control No. 3265-0006 4 Expiration Date 5/31/2013

[Begin definition (d) below this line.]

The TN Election Code does not specifically define “spoiled ballot”, but describes 

the process for replacing a spoiled ballot. TCA §2-6-202(f) and – TCA§ 2-7-120 

define the process for handling a spoiled ballot

[End definition (d) above this line.]

e. Provisional/Challenged ballot

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin definition (e) below this line.]

No specific definition is given for either a provisional or challenged ballot, but the 

processing governing each is described in the following statutes.

Provisional – TCA§2-7-112 provides the process for provisional ballots and has 

added a provisional voting process for voters who do not present a valid photo ID 

when voting.

Challenged - TCA§ 2-7-123 through 126 governs challenged ballots.

[End definition (e) above this line.]

f. Absentee

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (f) below this line.]

TCA§ 2-6-201 defines absentee voting and the process for voting in TN.

[End definition (f) above this line.]

g. Early voting

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (g) below this line.]
OMB Control No. 3265-0006 5 Expiration Date 5/31/2013

TCA § 2-6-101 and TCA§ 2-6-102 defines early voting and the process for early 

voting in TN.

[End definition (g) above this line.]

h. Active Voter

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (h) below this line.]

Not defined.

[End definition (h) above this line.]

i. Inactive Voter

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (i) below this line.]

TCA § 2-6-106 defines the process for making voters inactive voters and removing 

them from the voter files in TN.

[End definition (i) above this line.]

j. Other terms (please specify) evidence of identification

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Identify each TERM and definition separately and begin below this line.]

TCA § 2-7-112 defines acceptable photo ID which must be used as evidence of 

identification.

TCA § 2-1-104(a)(24) defines “recognized minor party” to distinguish new political 

parties in TN from the existing statewide political parties.

[End TERM(s) and definition(s) above this line.]
OMB Control No. 3265-0006 6 Expiration Date 5/31/2013

A2. Please provide the legal citation for any significant changes to election laws or 

procedures that have been enacted or adopted since the previous Federal election. 

“Significant” does not include routine or technical changes (such as changes to election 

district boundaries or polling place changes). However, EAC would like to learn about 

any new identification requirements for voters or registrants; changes in eligibility for 

voting or registering; adoption of alternative voting methods; and other changes that 

you believe represent a significant change in the way your state runs its elections.

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (A2) below this line.]

See j

[End response to above question (A2) above this line.]
OMB Control No. 3265-0006 7 Expiration Date 5/31/2013

SECTION B: VOTER REGISTRATION 

B1. Is your state’s voter registration database system best described as a bottom-up, a 

top-down, or a hybrid? (Note: A bottom-up system generally uploads information 

retained at the local level and compiled at regular intervals to form the statewide voter 

registration list. A top-down system is hosted on a single, central platform/mainframe 

and is generally maintained by the state with information supplied by local 

jurisdictions. A hybrid is some combination of both systems described above.)

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B1) below this line.]

Tennessee’s voter registration database is a bottom - up system.

[End response to above question (B1) above this line.]

If your state uses a bottom-up or hybrid system, how often do local jurisdictions 

transmit registration information to the state list?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above clarification question to B1 below this line.]

The county election commission is required to electronically transfer the information to the 

Division of Elections daily.

[End response to above clarification question to B1 above this line.]

B2. Please describe the process used in your state to move voters from the active list to 

the inactive list, and from the inactive list to the active list. Is a different process used 

for UOCAVA voters?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B2) below this line.]

A forwardable confirmation notice with a postage prepaid, pre-addressed return form on 

which the voter may verify or correct the address information must be mailed to a voter 

whenever objective evidence exists that a voter has changed his or her address. Such 
OMB Control No. 3265-0006 8 Expiration Date 5/31/2013

“objective” evidence may involve a verification card being returned as undeliverable or any 

election information mailed to the voter being returned as undeliverable. 

Examples of when a confirmation card may be mailed to the voter are when a notice of a 

change in the polling place location has been returned by postal officials indicating that the 

voter has moved to a different address with a given forwarding address. In this situation the 

county election commission would mail the voter a forwardable confirmation notice to the 

address listed on the permanent voter registration record – not the new address indicated by 

the post office. At the same time the county election commission would make the voter 

INACTIVE.

If the post office indicated that the person did not have a forwarding address, or the 

forwarding address expired or that the forwarding address is outside of the county, the county 

election commission would mail the voter a forwardable confirmation notice to the address 

listed on the permanent voter registration record – not the new address indicated by the post 

office. At the same time the county election commission would change the voter’s status to 

INACTIVE.

At no time does Tennessee law permit a voter’s registration record to be purged solely based 

upon a notice of a change of address from the post office.

Immediately upon mailing a confirmation notice to a registered voter, the status of the voter 

shall be changed from ACTIVE status to INACTIVE status.

Yes, a different process is used for UOCAVA voters. Because these are temporary 

registrations the process of sending confirmation notices does not apply. UOCAVA 

applicants remain on file for a calendar year unless otherwise specified by the voter.

[End response to above question (B2) above this line.]

B3. Please describe your state’s process for removing voters from the voter registration 

rolls (not merely moving them from active to inactive). Please include information 

regarding notices and confirmations. Are these procedures the same for UOCAVA 

voters?

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B3) below this line.]

Purge Process

Pursuant to TCA 2-2-109 and 2-2-141, a voter’s name must be removed from the voter 

registration rolls for the following reasons:
OMB Control No. 3265-0006 9 Expiration Date 5/31/2013

1. At the request of the voter;

2. Ninety (90) days after a change of name for any reason, except by marriage or 

divorce;

3. If the voter dies;

4. Upon receiving information that a person has been convicted of felony; or

5. Upon written confirmation from the voter that the voter has changed the voter's 

address to an address outside the county of registration or has registered to vote in 

another jurisdiction;

6. If from the date the confirmation notice has been mailed to the voter, two (2) regular 

November elections pass and the voter has not updated his or her voter registration 

record;

7. If upon comparison of voter registration records with other state or federal agencies, 

evidence exists that a particular registered voter is not a U.S. citizen, a voter may be 

purged for failure to provide proof of U.S. citizenship after notice and opportunity has 

been given to produce such proof.

Canceling the Purge Process - If the voter responds to the confirmation notice, appears to 

vote, completes a voter registration form at an NVRA agency, or otherwise updates the voter 

registration after the time the notice is sent and before two (2) regular November elections 

pass, the voter’s registration status will return to ACTIVE status and the purge process 

ceases.

Preservation Time - T. C. A. § 2-2-124(c) provides that purged registrations shall be retained 

by the county election commission for two (2) years from the date of the purge. 

Destruction Time - After two (2) years from the date of the purge passes, the election 

commission may destroy the hard paper record of physical purged registrations. 

The temporary voter registration of UOCAVA voters are purged after one calendar year has

passed and the UOCAVA voter has not otherwise updated or applied to vote in additional 

elections.

[End response to above question (B3) above this line.]

B4. Can your state’s voter registration database (or equivalent) share information 

electronically with your state’s driver’s license agency (for example, to match records 

or trace changes in address)? Can your voter registration database be similarly linked 

with databases in any other state or federal agencies? Please describe these links, 

including any use of database matching to verify voter registration applications.

__X__ No Change Since 2010 _____ Changed Since 2010
OMB Control No. 3265-0006 10 Expiration Date 5/31/2013

2010 Response:

[Begin response to above question (B4) below this line.]

For driver’s license - The voter registration database is not electronically linked to share 

information however, the state is able to use information electronically transferred by the 

Department of Safety.

For other agencies - Varies by agency.

Information is extracted from various agency files. Not all agencies provide unique 

identifiers (such as SS# and DOB) to match our voter files.

[End response to above question (B4) above this line.]

B5. Please describe how your state uses National Change of Address (NCOA). What has 

been your state’s experience with NCOA?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B5) below this line.]

NCOA is not used on the state level. If used it is done on a county level.

[End response to above question (B5) above this line.]

B6. Please describe your state’s voting eligibility requirements as they relate to 

individuals with a felony conviction. (For example, are convicted felons allowed to vote 

while in prison or while on parole or probation? Are voting rights automatically 

restored or does the individual have to apply for a pardon, certificate of eligibility or 

other similar certificate? Does an individual whose voting rights have been restored 

have to produce documentation of his/her status when registering to vote?)

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B6) below this line.]

Article 4, §2 of the Tennessee Constitution provides that the Tennessee legislature may deny 

the right to vote to persons convicted of "infamous" crimes. Pursuant to this provision in the 

Tennessee Constitution, the Tennessee legislature has excluded individuals convicted of 

various felonies from the right of suffrage. 
OMB Control No. 3265-0006 11 Expiration Date 5/31/2013

However, the legislature has also established conditions and procedures through which 

individuals who have lost their voting rights may regain them. The manner in which a person 

may restore a lost voting right depends upon the crime committed and the year in which the 

conviction occurred.

Eligibility requirements are listed in the three categories listed below.

A Felony Conviction After May 18, 1981(2006 General Assembly, Public Chapter 860 

AND 2-2-139) 

Type of Crime That Forfeits Right to Vote 

All Felonies 

Conditions under Which Person May Be Eligible for Restoration of Voting Rights 

Receipt of a pardon; 

Expiration of the maximum sentence imposed for the crime; or 

Granted final release from incarceration or supervision by the board of paroles, the 

department of correction, or county correction authority; and 

Any court order restitution paid; and/or 

Current in the payment of any child support obligations 

Payment of any court costs ordered by the court

Procedures for Restoring Voting Rights 

1. Court Order 

Obtain a court order restoring the person’s rights in either the county in which the person 

currently resides or the county in which the person was convicted. 

OR 

2. Certificate of Restoration 

Print the Certificate of Restoration of Voting Rights, or obtain a certificate from the county 

election commission office; 

• Certificate of Restoration of Voting Rights must be completed by: 

the pardoning authority; or 

an agent or officer of the supervising or incarcerating authority; and/or 

the an agent of the circuit/criminal court clerk 
OMB Control No. 3265-0006 12 Expiration Date 5/31/2013

Upon verification that the applicant does not have any outstanding child support obligations 

due, the person may be registered to vote.

Exceptions -Persons convicted of any of the following, cannot have his or her voting 

rights restored: 

Between July 1, 1986, and June 30, 1996 -first degree murder, aggravated rape, treason, or 

voter fraud 

Between July 1, 1996, and June 30, 2006 - murder, rape, treason, or voter fraud 

On or after July 1, 2006 – Any of the above, or any degree of murder or rape or any 

felony offense under TCA Title 39, Chapter 16, parts 1, 4, or 5; or any sexual offense 

under TCA § 40-39-202(17) or any violent sexual offense under TCA § 4039-202(25) 

designated as a felony and where the victim of such offense was a minor 

B. Felony Conviction Between January 15, 1973, and May 17, 1981

Public Chapter 740 § 4(70) (1972) &

Crutchfield V. Collins, 607 S.W. 2D 478 (Tenn. Ct. App. 1980)

Type of Crime That Forfeits Right to Vote

 None 

Condition Under Which Person May Be Eligible for Restoration of Voting Rights

 Because a person convicted of an infamous crime during this time period may 

register to vote, regardless of the nature of the conviction, there are no 

conditions or procedures that apply. 

C. Felony Conviction Prior to January 15, 1973

(Crutchfield V. Collins, 607 S.W. 2D 478 (Tenn. Ct. App. 1980) 

Type of Crime That Forfeits Right to Vote

 Abusing a female child; 

 Arson and felonious burning; 

 Bigamy; 

 Bribery; 

 Burglary; felonious breaking and entering a dwelling house; felonious 

breaking into a business house, outhouse other than a dwelling house; larceny; 
OMB Control No. 3265-0006 13 Expiration Date 5/31/2013

horse stealing; robbery; receiving stolen property; stealing bills of exchange or 

other valuable papers; 

 Destroying a will; 

 Incest; rape; sodomy; buggery; or 

 Perjury; subornation of perjury. 

Conditions Under Which Person May Be Eligible for Restoration of Voting Rights

 Proving that, at the time of conviction, the judge did not render person 

infamous; 

 Conviction reversed on appeal; 

 Receipt of a full pardon; or 

 Circuit court, in either the county where person resides or in the county where 

person was convicted, issues judgment that restores full rights of citizenship 

upon the person. (Person may petition the circuit court for restoration at the 

expiration of the maximum sentence imposed for the infamous crime 

conviction.) 

Procedure for Restoring Voting Rights

 Present proof of one of the above-mentioned conditions to the county election 

commission in the county in which the person resides; 

Are voting rights automatically restored or does the individual have to apply for a pardon, 

certificate of eligibility or other similar certificate?

Response Voting rights are not automatically restored. The individual applicant must 

apply to have their voting rights restored.

Does an individual whose voting rights have been restored have to produce documentation of 

his/her status when registering to vote?) 

Response When the individual applies to vote they must submit the information necessary 

(depending on the year of conviction) in order to have their voting rights 

restored

[End response to above question (B6) above this line.]

B7. Does your state currently use the Internet in any way to facilitate voter 

registration? If yes, please describe how your state allows voters to use the Internet in 

the registration process (e.g., entire registration completed online; completed online but 

then must be printed, signed, and mailed by voter, etc.). 
OMB Control No. 3265-0006 14 Expiration Date 5/31/2013

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B7) below this line.]

The State of Tennessee uses the internet to educate the public about the registration process. 

The state has a voter registration link on the Election Division website.

See site listed below:

http://state.tn.us/sos/election/forms/ss-3010.pdf

Applicants are able to complete the voter application on line and then print off the form. The 

voter is required to sign and send the original application to either the Division of 

Elections or the county election commission office for processing.

[End response to above question (B7) above this line.]
OMB Control No. 3265-0006 15 Expiration Date 5/31/2013

SECTION C: ELECTION ADMINISTRATION 

 

C1. Please describe how all votes cast at a place other than the voter’s precinct of

registration are tabulated (for example, please include descriptions of such votes as

absentee ballots, mail-in ballots, votes cast at vote centers, provisional ballots, early 

voting locations, etc.). 

a. Are the votes counted centrally or at the precincts?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (a) below this line.]

Absentee by – mail ballots, votes cast at vote centers, provisional ballots and early 

voting ballots are counted centrally within the county.

[End response to above question (a) above this line.]

b. If centrally tabulated, are the votes redirected to the appropriate

 precinct for reporting in the canvass?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (b) below this line.]

Absentee by – mail ballots, votes cast at vote centers, and provisional ballots are 

typically redirected and placed into the precinct totals from which the ballots come. 

However, if in a precinct there is only one absentee by-mail vote or only one 

provisional ballot, then the single ballot will be counted with the early vote totals to 

protect the secrecy of the ballot. Regarding early votes, there are many counties 

which report early votes as a single early voting precinct. However, just as many of 

the counties redirect the early votes to the appropriate precinct for the voter.

[End response to above question (b) above this line.]

c. Are the absentee, mail, etc., votes reported separately for each precinct,

 or are they added to the in-precinct results and reported as just a single 

 number?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (c) below this line.]
OMB Control No. 3265-0006 16 Expiration Date 5/31/2013

See response to “b” above.

[End response to above question (c) above this line.]

d. How are UOCAVA ballots counted and reported?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (d) below this line.]

UOCAVA ballots are absentee by –mail and are counted and reported just by 

precinct.

[End response to above question (d) above this line.]

C2. Does your state require a reason for voting absentee, or does your state allow noexcuse absentee voting? (If a reason is required, please provide the legal citation.)

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C2) below this line.]

Tennessee requires a reason for voting absentee. See TCA§ 2-6-201.

[End response to above question (C2) above this line.]

C3. Does your state provide for in-person early voting? If so, how is early voting 

defined? When early voting is used, are the ballots counted at the precinct or at a 

central location? How are these votes reported?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C3) below this line.]

Tennessee allows early voting for any eligible registered voter. The voter may vote so many 

days before the election day at the county election commission office or any other polling 

place designated by the county election commission as an early voting satellite site. Early 

voting begins twenty days out from an election and ends the fifth day before the election. The 

counting of early voting ballots is done at a central location by the county election 

commission and is reported in the precinct totals. Tennessee does have some counties that 
OMB Control No. 3265-0006 17 Expiration Date 5/31/2013

chose to report their early voting and absentee totals separately but the preferred method is 

combined with election day totals. 

[End response to above question (C3) above this line.]

C4. Do any jurisdictions in your state use a vote-by-mail system to replace (and not 

merely supplement) at-the-precinct voting in any elections?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C4) below this line.]

No.

[End response to above question (C4) above this line.]

C5. Please list each of the situations that require a provisional ballot in your state. 

Please provide the relevant legal citation for each situation.

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (C5) below this line.]

TCA § 2-7-112governs provisional voting..

(a)(3)(A) A person shall be entitled to vote a provisional ballot under the 

procedures of this section if the voter claims to be properly registered in the 

county and eligible to vote at the precinct in the election, but whose eligibility 

cannot be determined by the computer signature list or by examination of the 

permanent registration records on file with the county election commission or an 

election official asserts that the individual is not eligible to vote. If a voter is 

unable to present evidence of identification, the voter shall be entitled to vote a 

provisional ballot pursuant to subsection (e) unless the voter is eligible to vote 

pursuant to subsection (f). 

(i) If the election official cannot determine that the voter's name should have 

been placed on the precinct's computer signature list, then the voter shall 

complete an original voter registration application. At the time of 

registration and pursuant to subsection (d), the voter shall present 

verification of the residential address under which the person desires to 

vote.

(e) A person whose name appears on the computerized voter signature list or the 

electronic poll book and is unable to present valid evidence of identification 

specified in subsection (c) shall be entitled to vote a provisional ballot under the 
OMB Control No. 3265-0006 18 Expiration Date 5/31/2013

procedures of this subsection (e) unless such person is eligible to vote pursuant to 

subsection (f).

(1) The voter shall complete an application for ballot pursuant to this 

section, and if the voter has changed residence, or the voter's registration 

is inactive, the voter shall complete a fail safe affidavit. The voter must 

vote in the precinct in which the person is a resident. The voter shall also 

be given a written statement that specifies the voter has until the second 

business day after the election to provide evidence of identification. The 

voter shall sign such statement and return it along with the application of 

ballot.

(2) Upon completion of the application for ballot and if applicable, the 

presentation of a fail safe affidavit in the voter's correct polling location, 

the voter shall be given a provisional ballot and provisional ballot 

envelope. The provisional ballot envelope shall be a different color from 

the absentee ballot envelopes and shall bear a detachable slip that contains 

the provisional ballot affidavit. The provisional ballot affidavit shall 

contain the voter's printed name, social security number, date of birth, 

signature and any other identifying information deemed necessary by the 

coordinator of elections to satisfy the requirements of this section and to 

prevent fraudulent voting. The application for ballot shall be deposited in 

the provisional ballot box.

(3) Pursuant to 2-7-114(b) and (c), the voter shall vote the provisional 

ballot. Any county utilizing optical scan technology shall process their 

ballots pursuant to rules promulgated by the state coordinator of elections. 

Section 2-7-116 shall govern any voter needing assistance.

(4) Along with the applications for ballot completed by provisional 

voters, all provisional ballots that have been cast shall remain sealed and 

locked in the provisional ballot box for return to the county election 

commission at the close of polls.

(5) Provisional ballots cast pursuant to this subsection (e) shall only be 

counted if the voter provides evidence of identification specified in 

subsection (c) to the administrator of elections or the administrator's 

designee by the close of business on the second business day after the 

election. Evidence of identification must be presented at the voter's county 

election commission office or another location designated by the county 

election commission.

(6) Upon the voter presenting valid evidence of identification, set forth in 

subsection (c), to the administrator of elections or the administrator's 

designee, the voter shall sign an affidavit, prescribed by the coordinator of 

elections, containing the voter's name, signature and any other information 

deemed necessary by the coordinator of elections to satisfy the 

requirements of this section and to prevent fraudulent voting. The affidavit 

shall also contain a statement affirming under the penalty of perjury that 

the voter is the same individual that cast the provisional ballot. A 

photocopy of the evidence of identification shall be attached to the 

affidavit.
OMB Control No. 3265-0006 19 Expiration Date 5/31/2013

(7) The central provisional ballot counting board shall compare the 

information on the provisional affidavit envelope to the information set 

forth in subdivision (e)(6). If it is determined that the person provided 

proper evidence of identification, then the central provisional counting 

board shall remove the provisional ballot affidavit from the provisional 

ballot envelope and place the sealed ballot with all provisional ballots to 

be counted.

(8) If the voter does not provide valid evidence of identification in a 

timely manner, the provisional ballot envelope shall not be opened nor its 

provisional ballot affidavit removed, but shall be marked Rejected across 

its face with the reason for rejection written on it and signed by at least 

two (2) members of the central provisional ballot counting board. The 

board members signing the provisional ballot affidavit may not be of the 

same political party. It shall then be placed in the container of 

rejected ballots. The administrator shall notify the voters by mail of the 

rejection and the reason for such rejection.

(9) The central provisional ballot counting board shall have until the close 

of business on the fourth business day after the election to count any 

provisional ballot cast pursuant to this subsection (e). If the county 

election commission determines that the counting of provisional ballots 

cannot be completed by the designated time, the state coordinator of 

elections may grant the county an extension of time and designate a time 

that shall be no later than the second Monday after the election.

[Effective January 1, 2012. See the Compilers Notes.]

(f) A voter who is indigent and unable to obtain proof of identification 

without payment of a fee or who has a religious objection to being 

photographed shall be required to execute an affidavit of identity on a 

form provided by the county election commission and then shall be 

allowed to vote. The affidavit shall state that: 

[End response to above question (C5) above this line.]

C6. Does your state count provisional ballots of voters who are registered in different 

precincts, or are those ballots automatically rejected? Please describe the process used 

by local election officials in determining whether to count a provisional ballot.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C6) below this line.]
OMB Control No. 3265-0006 20 Expiration Date 5/31/2013

Both the voter registration application and the application for ballot shall be 

deposited in the provisional ballot box. Nothing in this section shall be construed

to allow election day voter registration.

Pursuant to § 2-7-114(b) and (c), the voter shall vote the provisional ballot. Any 

county utilizing punchcard or optiscan technology shall process their ballots 

pursuant to rules promulgated by the state coordinator of elections. The provisions 

of § 2-7-116 shall govern any voter needing assistance. If the provisional ballot 

was cast in the proper precinct and the voter had not voted in another precinct or 

otherwise voted in the election the ballot will be counted.

[End response to above question (C6) above this line.]

C7. Please describe your state’s laws regarding post-election audits, if any. A postelection audit refers to hand-counting votes on paper records and comparing those 

counts to the corresponding vote counts originally reported, as a check on the accuracy 

of election results, and resolving discrepancies using accurate hand counts of the paper 

records as the benchmark.

If your state has post-election auditing, consider including in your response information 

such as the unit being audited (e.g., precincts, machines); the sampling method (e.g., 

fixed percentages); whether there is a specific trigger for the audit; the location of the 

random selection (e.g., state, county); and the races that can be audited.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C7) below this line.]

TCA§ 2-8-101 requires the county election commission to meet, compare the returns 

and certify the election.

TCA§2-8-104 requires the county election commission to audit as soon as possible 

after the election.

[End response to above question (C7) above this line.]

C8. Please describe any state requirements for poll worker training.

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (C8) below this line.]

After the appointment of election officials pursuant to 2-4-102, the county election 

commission shall meet for the purpose of instructing poll officials.

[End response to above question (C8) above this line.]
OMB Control No. 3265-0006 21 Expiration Date 5/31/2013

SECTION D: ELECTION DAY ACTIVITIES

D1. Please describe your state’s process for capturing “over-vote” and “under-vote” 

counts.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (D1) below this line.]

93 of our 95 counties use DRE’s which do not allow for over voting. The two 

remaining counties are precinct based optical scanning systems and do not allow for 

over votes. Traditionally we do not have “no excuse” absentee voting and do not have 

that many voting by mail. We do not track over votes by absentee voters However, 

TCA§ 2-7-133(b) prohibits the counting of an office if it is impossible to determine 

the voter’s choice.

Under - votes are not tracked by any method of voting used in TN.

[End response to above question (D1) above this line.]

D2. What identification does your state require from voters in the following situations:

a. registering to vote;

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (a) below this line.]

When registering to vote a TDL, Social Security Card, credit card bearing applicant’s 

signature or other document bearing the applicant’s signature would serve as ID. For 

verification of a residential address a TDL, residential lease agreement, a utility bill 

or other document bearing applicant’s residential address would be sufficient to 

register to vote.

[End response to above question (a) above this line.]

b. casting an in-person ballot;

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (b) below this line.]
OMB Control No. 3265-0006 22 Expiration Date 5/31/2013

TCA 2-7-112(a)((1) A voter shall complete and sign an application for ballot, 

indicate the primary in which the voter desires to vote, if any, and present it to a 

precinct registrar. In addition, the voter shall present to the precinct registrar one (1) 

form of identification that bears the name and photograph of the voter. The 

requirement to present one (1) form of identification that bears the name and 

photograph of the voter shall apply to persons voting pursuant to 2-6-109; provided, 

however, that a person voting in accordance with 2-6-401(a) and (b) or 2-6-601 shall 

not be required to show an identification with a photograph of the voter. 

[End response to above question (b) above this line.]

c. casting a mail-in or absentee vote;

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (c) below this line.]

Voter’s casting a ballot by mail must submit a request for an absentee ballot to the 

county election commission. This request does not require additional id. The 

application requires a voter signature which is compared to the permanent voter 

registration form.

[End response to above question (c) above this line.]

d. casting a ballot under UOCAVA;

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (d) below this line.]

UOCAVA voters are not required to provided additional ID. The signature on the 

ballot affidavit is compared to the signature on the application for ballot.

[End response to above question (d) above this line.]

e. any other stage in registration or voting process in which identification is 

required (please specify).

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (e) below this line.]
OMB Control No. 3265-0006 23 Expiration Date 5/31/2013

None.

[End response to above question (e) above this line.]

D3. Please describe your state’s laws regarding access to the polling place for election 

observers. Election observers are people allowed inside the polling place who are not 

poll workers, election officials or voters. If decisions on access to observers are left to 

local jurisdictions, please explain.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (D3) below this line.]

Candidates, party officials and certain organizations of citizens may appoint poll 

watchers to observe the election. Any additional observers may be allowed by the 

local jurisdiction. See TCA§2-7-104.

[End response to above question (D3) above this line.]
OMB Control No. 3265-0006 24 Expiration Date 5/31/2013

SECTION E: OTHER

E1. Under HAVA, Section 402, states are required to establish and maintain

administrative complaint procedures to remedy grievances. Has your state revised its

administrative complaint procedures since they were first implemented? If so, how? 

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (E1) below this line.]

Tennessee has not revised its administrative complaint procedures since first implemented.

[End response to above question (E1) above this line.]

E2. Please add any additional comments or information about your state’s election 

administration processes that would help to inform the EAC’s interpretation of your 

data.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (E2) below this line.]

[End response to above question (E2) above this line.]

* The information collection associated with the Election Administration and Voting Survey is required for the 

EAC to meet its statutory requirements under the Help America Vote Act (HAVA) of 2002 (42 U.S.C. 15301), 

the National Voter Registration Act (NVRA) (42 U.S.C. 1973gg-1 et seq.), and the Uniformed and Overseas 
OMB Control No. 3265-0006 25 Expiration Date 5/31/2013

Citizens Absentee Voters Act (UOCAVA) (42 U.S.C. 1973ff-1). Respondent’s obligation to reply to this 

information collection is mandatory as required under NVRA (42 U.S.C. 1973gg-1 et seq.) and UOCAVA (42 

U.S.C. 1973ff-1). This part of the information collection is being requested to help the EAC to better understand 

state laws governing federal elections. Respondents include the fifty states, the District of Columbia, and the 

U.S. Territories. This information will be made publicly available on the EAC website (www.eac.gov). 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a valid OMB control number. The valid 

OMB control number for this information collection is OMB Control No. 3265-0006 (expires 5/31/2013). The 

time required to complete this information collection is estimated to average 59 hours per state response. This 

estimate includes the time for reviewing the instructions, gathering information, and completing the form. 

Comments regarding this burden estimate should be sent the U.S. Election Assistance Commission – 2012

Election Administration and Voting Survey, 1201 New York Avenue, Suite 300, Washington, DC 20005.