reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 15 - PRESIDENTIAL ELECTIONS (§§ 2-15-101 — 2-15-210) › Part 2 - UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT (§§ 2-15-201 — 2-15-210) › Section 2-15-207 - Elector voting

(a)
At the time designated for elector voting and after all vacant positions have been filled under § 2-15-206, the secretary of state, or the secretary of state's designee in the case of an emergency, shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector's presidential and vice-presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(b)
Except as otherwise provided by this state's law, other than this part, each elector shall present both completed ballots to the secretary of state, or the secretary of state's designee in the case of an emergency, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under § 2-15-204 or § 2-15-206(c). Except as otherwise provided by this state's law, other than this part, the secretary of state, or the secretary of state's designee in the case of an emergency, shall not accept and shall not count either an elector's presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's pledge.
(c)
An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge executed under § 2-15-204 or § 2-15-206(c) vacates the office of elector, creating a vacant position to be filled under § 2-15-206.
(d)
The secretary of state, or the secretary of state's designee in the case of an emergency, shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state's electoral votes have been cast and recorded.
Added by 2024 Tenn. Acts, ch. 787,s 1, eff. 4/23/2024.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 15 - PRESIDENTIAL ELECTIONS (§§ 2-15-101 — 2-15-210) › Part 2 - UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT (§§ 2-15-201 — 2-15-210) › Section 2-15-208 - Elector replacement; associated certificates

(a)
After the vote of this state's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under
3 U.S.C. § 5
, the secretary of state shall immediately prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.
(b)
The governor shall immediately deliver the signed amended certificate of ascertainment to the secretary of state and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this state's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.
(c)
The secretary of state shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The secretary of state shall process and transmit the signed certificate with the amended certificate of ascertainment under
3 U.S.C. §§ 9
-
11
.
Added by 2024 Tenn. Acts, ch. 787,s 1, eff. 4/23/2024.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 15 - PRESIDENTIAL ELECTIONS (§§ 2-15-101 — 2-15-210) › Part 2 - UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT (§§ 2-15-201 — 2-15-210) › Section 2-15-209 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2024 Tenn. Acts, ch. 787,s 1, eff. 4/23/2024.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 15 - PRESIDENTIAL ELECTIONS (§§ 2-15-101 — 2-15-210) › Part 2 - UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT (§§ 2-15-201 — 2-15-210) › Section 2-15-210 - Controlling provisions when conflict exists

If a conflict exists between this part and another law, then this part controls.
Added by 2024 Tenn. Acts, ch. 787,s 1, eff. 4/23/2024.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 16 - MEMBERS OF CONGRESS (§§ 2-16-101 — 2-16-103) › Section 2-16-101 - Vacancies

(a)
If a vacancy occurs in the office of United States senator, a successor shall be elected at the next regular November election and shall hold office until the term for which the predecessor was elected expires. If the vacancy will deprive the state of its full representation at any time congress may be in session, the governor shall fill the vacancy by appointment until a successor is elected at the next regular November election and is qualified.
(b)
If a vacancy occurs in the office of representative in congress, within ten (10) days of such vacancy occurring the governor shall, by writs of election, order a special election to fill the vacancy. The governor shall, by writs of election, set a date not less than fifty-five (55) nor more than sixty (60) days from the date of the writs for primary elections for nominations by statewide political parties to fill the vacancy and shall, by the same writs of election, set a date of not less than one hundred (100) nor more than one hundred seven (107) days from the date of the writs 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 before twelve o'clock (12:00) noon, prevailing time, on the sixth Thursday before the day of the primary elections. Except where this subsection (b) makes different provisions, chapter 14 of this title shall govern elections required by this subsection (b). The state primary boards shall perform their duties under chapter 8 of this title with respect to primaries held under this subsection (b) 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 thirty-fifth day before the day of the general election.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1601; Acts 1980, ch. 883, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 16 - MEMBERS OF CONGRESS (§§ 2-16-101 — 2-16-103) › Section 2-16-102 - Establishment of congressional districts

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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-101 - Jurisdiction - Standing

(a)
Except as otherwise expressly provided in this chapter, election contests shall be tried in the chancery court of the division in which the defendant resides. The chief justice of the supreme court shall assign a chancellor from a different division to decide a contested election of chancellor.
(b)
The incumbent office holder and any candidate for the office may contest the outcome of an election for the office. Any campaign committee or individual which has charge of a campaign for the adoption or rejection of a question submitted to the people may contest the election on the question.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1701.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-102 - Contests for offices of general assembly members

Contests for the office of senator in the general assembly are decided by the senate, and contests for the office of representative in the general assembly are decided by the house of representatives.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1702.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-103 - Contests for office of presidential and vice presidential elector

(a)
Contests for the office of presidential and vice presidential elector shall be decided finally and unreviewably before the last day of November by the presidential electors tribunal composed of the governor, secretary of state and attorney general and reporter.
(b)
A petition of contest shall be filed with the secretary of state and a copy of the petition delivered to the chair of the state executive committee of the political party against whose electors the complaint is made within ten (10) days after the election. The petition shall state each ground of complaint specifically and concisely.
(c)
A hearing shall be held on the petition between the fifth and tenth day after it is filed at a time and place set by the governor. The governor shall publish a notice of the hearing in each grand division in a newspaper of general circulation. No other pleadings are required. The complaining political party or candidate for elector and each other candidate may be present at the hearing in person and by counsel, may examine and cross-examine witnesses, and may introduce evidence relevant to the grounds of protest.
(d)
The governor may administer oaths and subpoena witnesses for the tribunal. The hearing is not subject to the rules of evidence as applied in courts.
(e)
After deciding the contest by majority vote, the tribunal shall record its decision and file it with the returns of the election. The governor, secretary of state, and the attorney general and reporter shall then proceed under §
2-8-110
as in uncontested elections.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 15; T.C.A., § 2-1703.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-104 - Contest of primary election

(a)
Any candidate may contest the primary election of the candidate's party for the office for which that person was a candidate.
(b)
To institute a contest, the candidate shall, within five (5) days after the certification of results by the county election commission, file a written notice of contest with the state primary board of the candidate's party and with all other candidates who might be adversely affected by the contest. In the notice the candidate shall state fully the grounds of the contest.
(c)
The state primary board shall hear and determine the contest and make the disposition of the contest which justice and fairness require, including setting aside the election if necessary.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1704.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-105 - Time for filing complaint

The complaint contesting an election under §
2-17-101
shall be filed within five (5) days after certification of the election.
Acts 1972, ch. 740, § 1; T.C.A., §2-1705; Acts 2008 , ch. 1108, § 4.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-106 - Time of trial - Service of process

(a)
The trial of an election contest shall be held not less than fifteen (15) nor more than fifty (50) days from the day the complaint is filed and not less than ten (10) days after the complaint is served on the defendant.
(b)
A sheriff or constable of the division or circuit shall serve a copy of the complaint on the defendant and make return to the court.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1706.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-107 - Testimony and orders

The testimony in an election contest may be taken orally or by deposition, upon such notice as the court may prescribe, and the court may make all necessary orders with respect to any matter required in the contest.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1707.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-108 - Witnesses

The clerk of the court may, upon the application of either party, issue subpoenas for witnesses, and the witnesses summoned shall be bound under the same penalties as witnesses in the circuit court to attend and give evidence, and for such attendance shall be allowed the same compensation.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1708.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-109 - Poll books, voter signature lists and ballot applications as evidence

(a)
Poll books, voter signature lists and ballot applications, or copies of them, certified by the officer having custody of them, are official records and shall be received as evidence in any case arising out of the election. They may be impeached by other evidence.
(b)
If the poll books, voter signature lists and ballot applications or copies of them are not certified, they may nonetheless be proved by other credible evidence and received as evidence in an election contest.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1709; Acts 1990, ch. 727, § 5.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-110 - Voting machine as evidence

(a)
If voting machines were used in the election, any party to the contest who challenges either the accuracy of the voting machines or the accuracy of the election officials' recording of the vote on the machines may have the machine or machines brought into court to be examined by the parties or as evidence.
(b)
The total votes shown on the machine shall be conclusive unless the court finds reason to believe that the vote shown on the machine is not accurate.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1710.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-111 - Minutes of proceedings

The clerk of the court shall keep minutes of the proceedings in contested election cases as in other cases.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1711.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-112 - Judgment

(a)
After hearing the case, the court shall give judgment either:
(1)
Confirming the election;
(2)
Declaring the election void;
(3)
Declaring a tie between persons who have the same number of votes if it appears that two (2) or more persons who have the same number of votes have, or would have had if the ballots intended for them and illegally rejected had been received, the highest number of votes for the office; or
(4)
Declaring a person duly elected if it appears that such person received or would have received the highest number of votes had the ballots intended for such person and illegally rejected been received.
(b)
A judgment under subdivision (a)(4) deprives the person whose election is contested of all right or claim to the office and invests the person declared by the judgment duly elected with the right to the office.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1712.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-113 - Election declared void

If the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of constitutional disqualifications on that person's part or for other causes, the election shall be declared void.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1713.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-114 - Certification of judgment

(a)
A judgment confirming an election or declaring a person elected to an office commissioned by the governor shall be certified to the secretary of state. In all other cases, the judgment shall be certified to the tribunal before which the officer is required to qualify.
(b)
A judgment declaring a tie shall be certified to the officer or body entitled to cast the deciding vote, if any, and, if none, to the officer or body authorized to fill the vacancy or order a new election.
(c)
A judgment declaring an election void shall be certified to the officer or body authorized to fill the vacancy or order a new election.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1714.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-115 - Malicious or frivolous contests

Costs and a reasonable attorney's fee shall be assessed against the contestant or the appellant if the contest or the appeal is maliciously or frivolously prosecuted.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1715.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 17 - CONTESTED ELECTIONS (§§ 2-17-101 — 2-17-117) › Section 2-17-117 - Circumstances justifying recount - Determining procedure for recount

(a)
Any court, primary board, legislative body, or tribunal having jurisdiction of an election contest pursuant to this chapter may order a recount of the ballots under any of the following circumstances:
(1)
A tie vote;
(2)
An indication of fraud if the number of votes affected would be sufficient to change the result of the election;
(3)
A malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election; or
(4)
In any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.
(b)
A recount ordered pursuant to this section must be a complete recount of all ballots cast in such election and include the verification of any address of residence changed by a voter under §
2-7-140
in such election.
(c)
The court or body with jurisdiction of a contested election shall determine if the recount shall be conducted by hand or with automated tabulators.
Amended by 2023 Tenn. Acts, ch. 204, s 2, eff. 4/24/2023.
Acts 2001, ch. 465, § 7.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-101 - Determination by general assembly

The procedure for deciding the election of governor in case of contest shall be: The two (2) houses of the general assembly shall, on a day of its organizational session designated by joint resolution, meet in joint convention in the hall of the house of representatives to open the returns of the election for governor, to determine the election, and to declare the result.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1801.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-102 - Quorum - Vote - Adoption of rules of order - Power to compel attendance

(a)
A majority of the members of each house shall constitute a quorum. The speaker of the senate shall preside.
(b)
Every member shall have one (1) vote, and the majority of the votes shall prevail on all questions to be determined by the joint convention.
(c)
The joint session may be adjourned from time to time and rules of order made by it may be adopted and altered.
(d)
A minority of the members of the joint convention shall have the power to compel the attendance of absentees by arrest on warrant issued and signed by the speaker of the senate, executed by the sergeant-at-arms of the senate or by any person authorized by the joint convention.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1802.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-103 - Tellers

Before the joint session, each house shall appoint two (2) tellers from different political parties. The tellers shall keep, certify, and deliver to the speaker of the senate a list of the votes in the joint convention.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1803.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-104 - Examination of election returns

(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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-105 - Aggregate vote when no objection - Resolution of election

(a)
After the returns of all the counties have been considered, if there is no objection by any claimant, the aggregate vote shall be announced by the speaker of the senate, and the person having the highest number of votes shall then be declared to be elected by resolution, which shall be in order and passed in substantially this form: "Resolved, That ______________, having the highest number of votes at the election in November last, has been elected and shall be Governor of Tennessee."
(b)
If it appears to the convention that the result would not be changed if all objections were sustained, the person having the highest number of votes shall be declared elected as in subsection (a).
Acts 1972, ch. 740, § 1; T.C.A., § 2-1805.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-106 - Committee on the governor's election

(a)
If it appears to the convention that to sustain any of the objections would change the result, a committee shall be appointed as the "Committee on the Governor's Election" and the candidate who prevails on the face of the returns shall then be permitted to file objections as were the other claimants.
(b)
The committee shall be composed of seven (7) members of the house of representatives, appointed by the speaker of the house of representatives, not more than four (4) of whom may belong to the same political party, and five (5) members of the senate, appointed by the speaker of the senate, not more than three (3) of whom may belong to the same political party.
(c)
Vacancies in the committee from death or other causes shall be filled by appointment by the speaker of the senate or the speaker of the house of representatives who appointed the original member.
(d)
They shall elect one (1) of their number chair.
(e)
Any seven (7) shall constitute a quorum, and a majority of a subcommittee shall constitute a quorum thereof.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 16; T.C.A., § 2-1806.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-107 - Presence of candidates - Objections and petitions - Answer

(a)
All persons receiving votes for governor and their attorneys may be present on the floor during the call of counties but only for the purpose of filing objections.
(b)
When an objection is made, it shall be followed by a petition stating the grounds of objection clearly and concisely, making specific assignment of the grounds relied on other than the face of the returns, designating the counties, civil districts, wards, and precincts, with specifications as to the irregularities, fraud, error, mistake or illegalities relied upon. The petition shall be filed with the speaker or tellers, not later than the day following the day on which the call of the counties has been concluded.
(c)
A copy of the petition of objection shall be served upon each claimant or left at the claimant's usual place of residence, within five (5) days after the filing of the petition, which service shall be sufficient. The copy may be served by the sergeant-at-arms of the senate or house of representatives or one (1) of the assistants of either, by any sheriff or the sheriff's deputy, or by any private person, but if served by a private person, the return showing service shall be on oath in writing.
(d)
(1)
Within five (5) days after the service of the copy, each person, other than the petitioner, claiming the office of governor by virtue of the election may file with the speaker or tellers an answer making specific assignments of the grounds relied upon and making counter-objections other than to the face of the returns, designating the counties, civil districts, wards, and precincts, with specifications as to the irregularities, fraud, error, mistake, or illegalities relied upon.
(2)
The answer shall include specific denials of such assignments of charges by the petitioner as they may see proper.
(3)
All charges not denied shall be taken as true.
(4)
A copy of each answer shall be served on each claimant as in the case of the petition.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1807.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-108 - Specific denials to answer

(a)
The petitioner shall, within two (2) days from the filing of an answer containing counter-objections, file such specific denials thereto as the petitioner may see proper. All charges not denied shall be taken as true.
(b)
A copy of the petitioner's answer shall be served on each claimant as in the case of the petition.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1808.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-109 - Powers and duties of committee

(a)
The objections, petitions and answers shall be referred to the committee.
(b)
The committee shall take evidence and consider the objections.
(c)
The committee and any subcommittee of it may:
(1)
Send for and examine persons and papers;
(2)
Issue compulsory process for them running to every county in the state, which may be executed by the sergeant-at-arms of either house or any assistant sergeant-at-arms, or by any sheriff, deputy sheriff, or constable, or by any special agent appointed by the chair of the committee or by the chair of any subcommittee;
(3)
Punish for contempt by fine and imprisonment;
(4)
Employ stenographers;
(5)
Sit for the taking of evidence at any place in Tennessee and, when in their judgment necessary, in four (4) subcommittees;
(6)
Take depositions upon such notice and under such rules and regulations as they may prescribe in the absence of rules prescribed by the general assembly;
(7)
Fix the time in which the evidence in chief and rebuttal shall be produced or taken and the time for argument; and
(8)
Do all things proper and necessary to ascertain the facts and report on them.
(d)
The evidence shall be taken within the forty (40) days next after the issues are made except that, if within forty (40) days the committee on the governor's election asks for further time, the general assembly may grant it.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 17; T.C.A., § 2-1809.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-110 - Petition and answer to be verified - Oaths

(a)
The petition and answer shall be sworn to and stated to be true to the best of the person's knowledge, information and belief. The pleading shall make the issues but shall have no weight as evidence.
(b)
The chair of the committee and the chairs of subcommittees may administer oaths to witnesses.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 18; T.C.A., § 2-1810.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-111 - Adjournment pending determination of objections

Pending the determination of objections, the two (2) houses may, from time to time, adjourn the joint convention, and resolve themselves into their respective houses, and they may proceed as if no such proceedings were pending. The adjournment may be to a day certain or subject to the call of the speaker of the senate.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1811.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-112 - Report of committee

The committee shall proceed with all convenient speed to file its report with the speaker of the senate. The evidence shall accompany the report.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1812.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-113 - Consideration of report

(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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-114 - Announcement of aggregate vote - Declaration of election by resolution

Upon the decision, the speaker of the senate shall announce the aggregate vote of the persons voted for as corrected and determined by the joint assembly. The person having the highest number shall be declared to be elected by resolution as under §
2-18-105
.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1814.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-115 - Resolution evidence of election - Inauguration

(a)
The resolution shall be the evidence that the person named in the resolution has been elected governor and is entitled to be inaugurated. A copy of the resolution certified by the speaker of the senate and the tellers shall be issued to such person.
(b)
The governor-elect shall thereafter be inaugurated as soon as practicable, on a day to be designated by resolution of the general assembly. The oath of office shall be administered by the chief justice or an associate judge of the supreme court in the presence of the general assembly or a committee appointed by them.
(c)
The governor's term of office shall date from January 15 next following the November in which the election was held.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1815.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-116 - Finality of determination

When the general assembly has determined the contest for governor under this chapter, the determination is final and conclusive.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1816.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 18 - CONTESTED ELECTION OF GOVERNOR (§§ 2-18-101 — 2-18-117) › Section 2-18-117 - Bond - Enforcement of penalty

(a)
A claimant, before making objection under §
2-18-104
, shall enter into bond and good security to be approved by the speakers of the senate and house of representatives, in the sum of twenty-five thousand dollars ($25,000), payable to the state of Tennessee, conditioned upon the faithful and bona fide prosecution of the contest.
(b)
(1)
If no bond is filed for approval with the speaker of the senate by twelve o'clock (12:00) noon, prevailing time, on December 15 after the election, there may be no contest of the election.
(2)
If a bond is filed by that time, other claimants may file their bonds until twelve o'clock (12:00) noon, prevailing time, on the seventh day after the first bond is filed.
(c)
The penalty of the bond shall not be enforced against a contestant and the contestant's securities unless the joint assembly concludes that the contest was not in good faith, was malicious, was made for political effect or was without reasonable cause, in which case the joint assembly shall so declare and order the enforcement of the penalty of the bond.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1817.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-101 - Interfering with nominating meeting or election

A person commits a Class A misdemeanor if such person:
(1)
Breaks up or attempts to break up any legally authorized political party nominating meeting or any election by force or violence;
(2)
Assaults or attempts to assault the persons conducting the meeting or the election officials;
(3)
Destroys or carries away or attempts to destroy or carry away a ballot box or voting machine; or
(4)
Uses force or violence in any other way to prevent the fair and lawful conduct of the nominating meeting or election.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1901; Acts 1989, ch. 591, § 113; 1999, ch. 216, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-102 - Violation of title

A person commits a Class C misdemeanor if such person knowingly does any act prohibited by this title, or if such person knowingly fails to do any act which such person is required to do by this title, or if such person knowingly does any act with the intent that another shall do an act prohibited by this title.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1902; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-103 - Interference with another's duties or rights

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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-104 - Misconduct in performance of duties for purposes of misleading another

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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-105 - False swearing or affirming

A person to whom an oath is legally administered under this title commits perjury if such person knowingly and willfully swears or affirms falsely touching a matter material to the point in question.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1905.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-106 - Procurement or inducement to violate Section 2-19-104 or Section 2-19- 105

A person who procures or induces another to violate either §
2-19-104
or §
2-19-105
commits a Class D felony.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1906; Acts 1989, ch. 591, § 10.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-107 - Illegal registration or voting

(a)
A person commits a Class D felony who:
(1)
Intentionally and knowing that such person is not entitled to, registers or votes in any manner or attempts to register or vote in any manner where or when such person is not entitled to under this title, including voting more than once in the same election; or
(2)
Votes in the primary elections of more than one (1) political party in an election.
(b)
When any person is convicted of a violation of subdivision (a)(1) or (a)(2), in addition to any other punishment that may be imposed for the offense, the court shall impose a fine of one thousand dollars ($1,000). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall deposit the fine in the reward pool fund, created by §
40-8-105
.
Amended by 2017 Tenn. Acts, ch. 246,s 1, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 724,s 9, eff. 4/16/2014.
Acts 1972, ch. 740, § 1; 1975, ch. 308, § 2; T.C.A., § 2-1907; Acts 1989, ch. 591, § 11; 2004, ch. 480, § 10; 2006, ch. 903, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-108 - Unlawful possession of official registration or election supplies

A person who knowingly possesses any official registration or election supplies, except as required or permitted by this title, commits a Class E felony.
Acts 1972, ch. 740, § 1; 1975, ch. 308, § 3; T.C.A., § 2-1908; Acts 1989, ch. 591, § 12.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-109 - False entries on official registration or election documents - Penalties

A person who knowingly makes or consents to any false entry on any permanent registration, poll list, election tally sheet or any other official registration or election document commits a Class D felony.
Acts 1972, ch. 740, § 1; 1975, ch. 308, §§ 4, 5; T.C.A., § 2-1909; Acts 1989, ch. 591, § 13; 2006, ch. 903, § 2.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-110 - Abuse of voter assistance

A person commits a Class A misdemeanor if such person assists any person in voting except as permitted by this title, or if such person knowingly casts any vote or consents to the casting of any vote contrary to the desire of the voter while otherwise lawfully assisting the voter in casting such person's vote or if, being an election official or other person otherwise lawfully assisting a voter, such person influences or attempts to influence the voter in casting such person's vote.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1910; Acts 1989, ch. 591, § 113; 2006, ch. 903, § 3.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-111 - Unlawful examination, removal, rejection or destruction of marked ballots

A person commits a Class A misdemeanor if, except as required or permitted by this title, such person intentionally opens and examines any voter's marked ballot, removes the ballot from the ballot box, prevents the ballot being placed in the ballot box or destroys or changes a voter's ballot.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1911; Acts 1989, ch. 591, § 113; 1999, ch. 216, § 3.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-112 - Election officials - Civil liability

If any person holding an election refuses to deliver to a person elected to any office a fair copy of the list of votes, when demanded according to law, or holds an election in any other manner than as directed by law, or neglects to make or to forward due returns thereof, such person shall forfeit and pay the sum of five hundred dollars ($500), to be recovered by action of debt in any court of record having cognizance thereof, with costs, one-half (1/2) to the use of the state, the other one-half (1/2) to such person who sues for the same.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1912.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-113 - Willful or fraudulent violations by officials

Any election official or member of a board or commission holding office under this title who willfully or fraudulently violates any of the provisions of this title made for the protection of elections commits a Class A misdemeanor.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1913; Acts 1989, ch. 591, § 113; Acts 2001, ch. 465, § 9.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-114 - Illegal act by official causing loss of ballots or invalidating election

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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-115 - Violence and intimidation to prevent voting

It is a Class A misdemeanor for any person, directly or indirectly, personally or through any other person:
(1)
By force or threats to prevent or endeavor to prevent any elector from voting at any primary or final election;
(2)
To make use of any violence, force or restraint, or to inflict or threaten the infliction of any injury, damage, harm or loss; or
(3)
In any manner to practice intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, to vote or refrain from voting for any particular person or measure, or on account of such person having voted or refrained from voting in any such election.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1915; Acts 1989, ch. 591, § 113; 1999, ch. 216, § 4.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-116 - Misrepresentations on campaign literature or sample ballots - Penalty

(a)
No person shall print or cause to be printed or assist in the distribution or transportation of any facsimile of an official ballot, any unofficial sample ballot, writing, pamphlet, paper, photograph or other printed material which contains the endorsement of a particular candidate, group of candidates or proposition by an organization, group, candidate or other individual, whether existent or not, with the intent that the person receiving such printed material mistakenly believe that the endorsement of such candidate, candidates or proposition was made by an organization, group, candidate or entity other than the one or ones appearing on the printed material.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1916; Acts 1983, ch. 458, § 1; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 19 - PROHIBITED PRACTICES (§§ 2-19-101 — 2-19-208) › Part 1 - PROHIBITED PRACTICES GENERALLY (§§ 2-19-101 — 2-19-144) › Section 2-19-117 - Procuring illegal vote

It is a Class E felony for any person to procure, aid, assist, counsel or advise another to vote in any convention, primary or final election, knowing such person is disqualified.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1917; Acts 1989, ch. 591, § 14.