reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-101 - Meeting of county election commission following election

(a)
The county election commission shall meet at its office upon completion of its duties under §
2-8-104
, but no later than the third Monday after the election to compare the returns on the tally sheets, to certify the results as shown by the returns in writing signed by at least the majority of them, and to perform the duties prescribed by this chapter.
(b)
The commission may not recount any paper ballots, including absentee ballots.
(c)
Upon the completion of the vote tabulation on election night, each county election commission shall report unofficial results to the coordinator of elections in a form prescribed by the coordinator.
(d)
Any county election commission which fails to certify any election by the deadlines set forth in subsection (a), unless such failure is determined by the state election commission to be for good cause, shall forfeit any compensation due the members for the holding of such election. The chair of the state election commission shall promptly notify the chief fiscal officer of any county of such failure to certify under this section.
(e)
Upon certifying the results of a referendum held by a municipality or county pursuant to title 57, the county election commission shall send certification of the results to the alcoholic beverage commission.
Amended by 2013 Tenn. Acts, ch. 179, s 1, eff. 7/1/2013.
Acts 1972, ch. 740, § 1; 1979, ch. 306, § 8; T.C.A., § 2-801; Acts 2001, ch. 465, §6; 2008 , ch. 1108, § 5.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-102 - Undelivered returns

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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-103 - Form of returns - Sufficiency

No return, poll list, or certificate made under this title may be disregarded or rejected for want of form or on account of its not being strictly in accordance with the requirements of this title if it can be clearly understood. Any such return or certificate signed by a majority of the election officials at the polling place is sufficient.
Acts 1972, ch. 740, § 1; T.C.A., § 2-803.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-104 - Comparing votes from tally tapes to tabulated election results

The commission, or such persons as it may designate, shall, as soon as possible after the election, compare the votes from the tally tapes of all appropriate sources to the tabulated election results. All candidates, their representatives, representatives of the political parties, and representatives of the press may be present during this process and shall be given ample opportunity to examine the tabulations. The commission shall create a written report of any revisions of any vote totals in such election.
Acts 1972, ch. 740, § 1; T.C.A., § 2-804; Acts 2012, ch. 1101, § 7.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-105 - Certification of tabulation and results

After completing the comparison of the returns, the county election commission shall make and certify the official tabulation and certification of results, showing both precinct and county totals, in the following manner:
(1)
In triplicate for the offices of governor, members of the general assembly, presidential and vice presidential elector, members of congress, judge, chancellor, or district attorney general;
(2)
In triplicate for questions submitted to the people of the entire state;
(3)
In duplicate for any other office not listed in subdivision (1) and for questions submitted to people of a part of the state; and
(4)
In triplicate for all primary elections.
Acts 1972, ch. 740, § 1; 1979, ch. 306, § 10; T.C.A., § 2-805.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-106 - Mailing and filing of tabulation and certification

(a)
The commission shall seal and mail the original of the official tabulation and certification of results prepared pursuant to §
2-8-105(1) and (2)
to the secretary of state and take the postmaster's receipt for it and shall mail the first copy to the governor and take the postmaster's receipt for it. The remaining copy shall be filed with the county clerk and the commission shall take the clerk's receipt for it. The aforementioned statements may be delivered personally in lieu of mailing by the deadline set forth in §
2-8-101
. In the case of a general election for the office of governor, an additional copy of the returns shall be sent directly to the speaker of the senate as provided by article III, § 2 of the Constitution of Tennessee.
(b)
The commission shall deliver the official tabulation and certification of results prepared pursuant to §
2-8-105(3)
as follows:
(1)
If the election is for a county official, the original to the coordinator of elections and take the postmaster's receipt for it, and file the copy with the county clerk, and take the clerk's receipt for it;
(2)
If the election is for a municipal office, the original to the chief administrative offices of the municipality and the copy filed with the county clerk; and
(3)
If a question, the original to the coordinator of elections and take the postmaster's receipt for it, and the copy to be filed in the county clerk's office and take the clerk's receipt for it.
(c)
The commission shall seal and mail the original of the official tabulation and certification of results prepared pursuant to §
2-8-105(4)
to the coordinator of elections and take the postmaster's receipt for it, mail a copy to the chair of the political party's state executive committee and take the postmaster's receipt for it, and deliver the remaining copy to the county clerk and take the clerk's receipt for it.
(d)
The official tabulation and certification of results forms to be utilized for elections, both primary and general, for the offices listed in §
2-13-202
, and for any question submitted to the voters of the entire state shall be furnished by the coordinator of elections. The county election commission shall furnish the forms for all other elections.
(e)
The county election commission shall issue certificates of elections to each person elected except those to be commissioned by the governor.
Acts 1972, ch. 740, § 1; 1975, ch. 132, § 1; 1977, ch. 480, § 3; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 2-806; Acts 1980, ch. 609, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-107 - Disposition and keeping of pollbooks - Computerized counties

(a)
The commission shall seal and forward all pollbooks containing the original poll list sheets to the secretary of state within ten (10) days after the election to be stored by the secretary of state for nine (9) years, and shall deposit the pollbooks containing the duplicate poll list sheets in the office of the county clerk to be stored by the county clerk for four (4) years in any secure place.
(b)
In computerized counties, the commission shall forward to the secretary of state electronically through the AES computer system a list of the names of all voters who participated in the election, verified as to its accuracy, on or before forty-five (45) days after the election, to be stored by the secretary of state for nine (9) years, and shall deposit the list in the office of the county clerk, either printed or in a CD-ROM format, to be stored by the clerk for six (6) years. The commission shall also forward to the secretary of state the list in a CD-ROM format in the time prescribed by law.
(c)
The election commission shall keep on file the voter signature list for six (6) years.
Acts 1972, ch. 740, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 2-807; Acts 1990, ch. 727, § 4; 1999, ch. 197, §8; 2007 , ch. 125, § 7.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-108 - Preservation of paper ballots and other ballot supplies

(a)
The commission shall preserve all paper ballots for six (6) months after the election to which they were cast or offered to be cast and may then dispose of them. During the period in which they are preserved, the packages of ballots shall be kept securely locked and may be opened and the ballots examined only on court order or under chapter 18 of this title.
(b)
All other election documents such as applications for all ballots, spoiled and rejected ballots, voter affidavits, records of assistance to voters, etc., shall be preserved by the county election commission for six (6) months or longer if so ordered by a court or by the coordinator of elections. All election documents pertaining to a federal election shall be preserved by the county election commission for twenty-two (22) months.
Acts 1972, ch. 740, § 1; 1979, ch. 306, § 6; T.C.A., §2-808; Acts 2009 , ch. 218, § 8.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-109 - Messenger to bring county returns to the secretary of state

The secretary of state may employ a special messenger to bring the returns filed with the county clerk if those sent by mail fail to arrive. The expenses of the messenger shall be paid out of the state treasury.
Acts 1972, ch. 740, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; 1979, ch. 306, § 9; T.C.A., § 2-809.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-110 - Public calculation and comparison of votes - Declaration of election - Certificates of election

(a)
The governor, secretary of state and attorney general and reporter shall, as soon as the returns are received, publicly calculate and compare the votes received by each person for the office of member of the general assembly, presidential and vice presidential elector, member of congress, judge, chancellor, or district attorney general, and declare the person receiving the highest number of votes elected.
(b)
The secretary of state shall assure the preservation of the original certification of results executed under this section.
(c)
The governor shall furnish each person elected with a certificate of election, which shall also be a commission of office, signed by the governor and the secretary of state. The certificate shall be prima facie evidence of election. A duplicate original of the certificate of election as United States senator shall be sent to the president of the United States senate.
Acts 1972, ch. 740, § 1; 1979, ch. 306, § 3; T.C.A., § 2-810; Acts 1981, ch. 478, § 18; 1995, ch. 305, § 57.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-111 - Tie votes

If there is a tie vote between the two (2) or more persons having the highest number of votes for an office, the state election commission shall cast the deciding vote except that:
(1)
The county legislative body may cast the deciding vote for offices filled by the votes of a single county or civil district, or, in the alternative, the legislative body may by resolution call for a run-off election between the tied candidates;
(2)
The municipal legislative body shall cast the deciding vote for municipal offices, or, in the alternative, the legislative body may by resolution call for a run-off election between the tied candidates;
(3)
The governor shall cast the deciding vote for representatives in congress;
(4)
The election shall be void if it is for senator in congress, and the governor shall immediately issue an order directing the holding of a special election for the office; and
(5)
The general assembly in joint convention shall cast the deciding vote for governor.
Amended by 2013 Tenn. Acts, ch. 449, s 1, eff. 7/1/2013.
Acts 1972, ch. 740, § 1; T.C.A., § 2-811; Acts 1981, ch. 478, §§4, 5; 1991, ch. 73, § 1; 1995, ch. 305, § 58.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-112 - Messenger to bring county returns to general assembly

The general assembly may, if it becomes necessary, send a special messenger for the copy of the returns of any particular county deposited with the county clerk. The expenses of the messenger shall be paid out of the state treasury.
Acts 1972, ch. 740, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 2-812.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-113 - Primary elections - Determination of results

(a)
On the fourth Thursday after a primary election, the state coordinator of elections shall publicly calculate and compare the votes received by each person and declare who has been nominated for office in the primary or elected to the state executive committee. The candidates who receive the highest number of votes shall be declared elected or nominated; provided, that in order for any person to receive a party nomination by write-in ballots, such person must receive a number of write-in votes equal to or greater than five percent (5%) of the total number of registered voters of the district. However, this section shall not apply where there are candidates for the office involved listed on the official ballot.
(b)
The coordinator of elections may delegate the duty under subsection (a) to county primary boards with respect to offices to be elected by voters within a single county and, if requested by the state executive committee of a political party, shall delegate such duty to the county primary boards. The county primary boards shall send the results of the primary election to the state party executive committee unless the state party executive committee wishes to exercise its functions under this section as a party primary board. The state party executive committee may revoke or rescind its request that the coordinator of elections delegate such duty to the county primary boards.
(c)
Any person trying to receive a party nomination by write-in ballots shall complete a notice requesting such person's ballots be counted in each county of the district no later than twelve o'clock (12:00) noon, prevailing time, fifty (50) days before the primary election. Such person shall only have votes counted in counties where such notice was completed and timely filed. Write-in candidates for the offices of governor, United States senator and representative in the United States congress shall file their notice with the state coordinator of elections. The notice shall be on a form prescribed by the coordinator of elections and shall not require signatures of any person other than the write-in candidate requesting ballots be counted. The coordinator of elections shall distribute such form to the county election commissions. Upon timely receiving the notice required by this subsection (c), the county election commission shall promptly inform the state coordinator of elections, the registry of election finance, as well as all other candidates participating in the affected election. A write-in candidate may withdraw the notice by filing a letter of withdrawal in the same manner as the original notice was filed no later than the fifth day before the election.
Acts 1972, ch. 740, § 1; 1975, ch. 131, § 1; 1975, ch. 150, § 1; 1977, ch. 480, § 4; T.C.A., §2-813; Acts 2003 , ch. 307, § 3; 2005, ch. 302, § 2; 2006, ch. 965, §§1, 2; 2008 , ch. 928, §16; 2009 , ch. 218, §9; 2010 , ch. 1137, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-114 - Primary elections - Tie votes

If the coordinator of elections determines that there is a tie between the two (2) or more candidates for an office who have the highest number of votes, the tie shall be broken as prescribed in the rules of the political party.
Acts 1972, ch. 740, § 1; 1977, ch. 480, § 5; T.C.A., § 2-814.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-115 - Primary elections - Certification of nominees

The coordinator of elections shall certify the names of the nominees of political parties to the county election commission of each county in which the nominees are candidates by the qualifying deadlines set in §
2-5-101
.
Acts 1972, ch. 740, § 1; 1977, ch. 480, § 6; T.C.A., § 2-815.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-116 - Right of candidate to receive certified copies of poll lists and tally sheets

Each candidate has the right to have delivered to the candidate by the state election commission or the county election commission certified copies of all poll lists and tally sheets used in the election in which the candidate ran, and a list of all voters who changed their residential address to vote under §
2-7-140
, upon demand and payment of the regular legal fees. Copies of the fail-safe affidavits or change of address forms completed by the voters may be used to comply with the request for the list of all voters who changed their residential address to vote in the election.
Amended by 2023 Tenn. Acts, ch. 204, s 1, eff. 4/24/2023.
Acts 1972, ch. 740, § 1; T.C.A., § 2-816.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 8 - DETERMINATION OF RESULTS (§§ 2-8-101 — 2-8-117) › Section 2-8-117 - Use of instant runoff voting or ranked choice voting prohibited

(a)
As used in this section:
(1)
"Instant runoff voting" and "ranked choice voting" mean a method of casting and tabulating votes in which:
(A)
Voters rank candidates in order of preference;
(B)
Tabulation proceeds in rounds such that in each round either a candidate or candidates are elected or the last-place candidate is defeated;
(C)
Votes are transferred from elected or defeated candidates to the voters' next-ranked candidate or candidates in order of preference; and
(D)
Tabulation ends when a candidate receives the majority of votes cast or the number of candidates elected equals the number of offices to be filled, as applicable; and
(2)
"Local government" means an incorporated city or town, a county, a metropolitan form of government, a school, utility, or other regional or local district, or a unit of government that is governed by one (1) or more elected officials.
(b)
A county election commission shall not utilize instant runoff voting or ranked choice voting to conduct an election in this state for a statewide or local government office.
Added by 2022 Tenn. Acts, ch. 621,s 1, eff. 2/28/2022.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-NEW - [Newly enacted section not yet numbered]

The county election commission shall:
(1)
Select the voting machines to be purchased for use in the county; and
(2)
Ensure the destruction of the voting machines when the machines are deemed obsolete.
Added by 2024 Tenn. Acts, ch. 817,s 1, eff. 4/29/2024.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-102 - Equipment furnished for machine

The county election commission shall have each voting machine furnished:
(1)
With an electric light or a substitute for one which will give sufficient light to enable the voters while in the booth to read the ballot labels and to enable election officials to examine the counters; and
(2)
With a curtain or other equipment so as to conceal the voter and the voter's action while voting.
Acts 1972, ch. 740, § 1; T.C.A., § 2-902.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-103 - Voting machine technicians

(a)
The representatives of each political party on the county election commission shall jointly appoint a voting machine technician who is a member of their political party and who is qualified by training or experience to prepare and maintain the voting machines, and the county election commission shall appoint as many assistants as may be necessary for the proper preparation of the machines for elections and for their maintenance, storage, and care.
(b)
The voting machine technicians, under the direction of the commission, shall have charge of the voting machines and shall represent the commission during the preparation of the voting machines.
(c)
The voting machine technicians shall serve at the pleasure of the commissioners who appointed them. The assistants shall serve at the pleasure of the commission.
(d)
The commission shall fix the compensation of the voting machine technicians and assistants commensurate with the work required.
(e)
Duties imposed on the voting machine technician by this chapter shall be performed jointly by the voting machine technicians.
(f)
(1)
Any voting machine technician appointed by the county election commission who performs such duties on a part-time basis and who has other full-time employment shall be excused without pay from such full-time employment for the days required for the performance of the technician's duties.
(2)
No employer of a voting machine technician being excused from employment pursuant to this section shall require such technician to use vacation time or other leave time for the days such technician has been excused from employment to perform the technician's duties.
Acts 1972, ch. 740, § 1; T.C.A., § 2-903; Acts 1998, ch. 741, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-104 - Custody of machines and keys

(a)
The local authority adopting voting machines shall have custody of them when they are not in use at an election and shall preserve and keep them in repair. All keys for voting machines shall be securely locked between elections by the voting machine technician. A public officer, who is entitled to the custody of the machine for any period of time, is entitled to the keys necessary for the proper use of the machines in the officer's charge.
(b)
Local authorities shall provide ample police protection against tampering with or injury to the voting machines after they have been prepared for and during an election and shall provide adequate storage at all other times.
Acts 1972, ch. 740, § 1; T.C.A., § 2-904.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-105 - Preparation of machines for election

(a)
The county election commission shall have the proper ballot labels placed on the voting machines and shall have the machines put in proper order for voting with the registering counters set at zero (000), the counting mechanisms locked, and each machine sealed with a pre-numbered seal. The voting machine technician shall certify in writing that, before sealing each machine but after preparing it for an election, such technician has tested each voting lever and that each machine is in proper working order.
(b)
Before examining the voting machines to determine whether they are properly set up, the commission shall mail notices to the chairs of the county executive committees of the political parties and to independent candidates stating where and when the machines will be examined. Each county executive committee chair and county primary board chair may designate a representative who may be present to see that the machines are properly prepared for use in the election.
(c)
When the machines have been examined, the party representatives and either the commission or the voting machine technician shall make a certificate in writing which shall be filed in the county election commission office stating the number of machines, whether all of the machines are set at zero (000), the number registered on each protective counter and the number on each metal seal with which the machines are sealed.
(d)
The keys for each machine shall be sealed in an envelope showing the location where the machine is to be used, the number of the machine, the number on the protective counter, and the seal number.
(e)
The commission may delegate its duty to examine the machines to the voting machine technician.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 4; T.C.A., § 2-905; Acts 1992, ch. 895, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-106 - Delivery of machines to polling places

The election commission shall ensure that the voting machines are delivered to the polling places in a timely manner and are set up in the proper manner for use at the election.
Acts 1972, ch. 740, § 1; T.C.A., §2-906; Acts 2008 , ch. 928, § 17.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-107 - Storage of machines

Within twenty-four (24) hours after the close of the polls, or as soon thereafter as practicable, the voting machine technician shall have the machines returned to the storage places provided under §
2-9-104(b)
.
Acts 1972, ch. 740, § 1; T.C.A., 2-907.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-108 - Voting machines to remain locked

Each voting machine shall remain locked against voting for five (5) days after the certification of the election and as much longer as may be necessary or advisable because of a contest over the result of the election. When another election necessitating the use of a particular voting machine is to be held within a period of thirty (30) days after an election, that voting machine may be opened after five (5) days upon the agreement of all the candidates in the earlier election whose names appeared on the ballot on that machine. A voting machine may be opened and examined upon the order of any court of competent jurisdiction at any time.
Acts 1972, ch. 740, § 1; T.C.A., §2-908; Acts 2010 , ch. 1137, § 2.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-109 - Precincts required to use voting machines - Use of paper ballots in certain municipal elections

(a)
Precincts having more than three hundred (300) registered voters shall be equipped by the county in which they are located with voting machines for use in all elections and smaller precincts may be so equipped. If the governing body of any county does not provide voting machines as required by the preceding sentence, the county election commission, instead of the county governing body, shall equip the precincts with voting machines in accordance with §§
2-9-112
- 2-9-114. However, in counties having populations of not less than twelve thousand one hundred (12,100) nor more than twelve thousand two hundred (12,200), according to the federal census of 1970 or any subsequent federal census, voting machines for any precinct having fewer than one thousand (1,000) registered voters shall not be purchased without the approval of the county commission.
(b)
Any municipality with a population of five thousand (5,000) or less, according to the 1980 federal census or any subsequent federal census, may elect to use paper ballots instead of voting machines for municipal elections, when there is no opposition for any of the offices involved. Such decision shall be made known to the county election commission at the time the municipality directs the election commission to call its election.
Acts 1972, ch. 740, § 1; 1974, ch. 641, § 1; T.C.A., § 2-909; Acts 1982, ch. 661, § 1; 2012, ch. 1101, § 8.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-110 - Use of non-standard machines

(a)
The county election commission, with the approval of the coordinator of elections and the state election commission, may provide for the use of voting machines which do not meet the requirements of this title except under this section.
(b)
Machines and procedure for such use shall provide as much protection for the purity of the ballot and against election fraud as do voting machines which otherwise meet the requirements of this title.
(c)
The use of voting machines in compliance with this section and the rules of the coordinator of elections shall be as valid for all purposes in an election as if the machines had otherwise met the requirements of this title for voting machines.
Acts 1972, ch. 740, § 1; T.C.A., § 2-910.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-111 - Payment for machines

The governing body of a city, town or county may adopt voting machines and, upon the adoption and purchase of voting machines, shall provide for payment for the machines in the way it deems for the best interest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or county. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. If it is proposed that bonds be issued to finance the purchase of voting machines, such bonds may not be issued unless approved in an election by a majority of the votes cast by the voters of the city, town or county affected.
Acts 1972, ch. 740, § 1; T.C.A., § 2-911.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-112 - State financing of voting machines - Agreement

(a)
When the governing body of a county requests the coordinator of elections to have the state finance the acquisition of a specified number of voting machines under §§
2-9-112
- 2-9-114, the governing body of the county and the coordinator of elections shall enter into an agreement to be known as a "contract, lease and option," subject to the following requirements:
(1)
The original lease term shall be for a period agreed to by the governing body of the county and the coordinator of elections. The county shall have the exclusive right and option to extend the term of the lease from year to year for periods of one (1) year at a time for an agreed period. The total lease period shall in no case exceed twenty (20) years.
(2)
The rentals prescribed for the original term and for each of the full number of years for which the lease may be extended shall not be less than the amounts required in each of such years to amortize the total amount of bonds issued to defray the cost of the machines.
(3)
The governing body of the county shall agree, in each effective year of the lease, to maintain the voting machines.
(4)
If the governing body of the county fails or neglects to pay any of the rentals prescribed, the commissioner of finance and administration shall retain the sum necessary for such payment out of any state funds distributable to the county for any purpose. No statutory requirement that any distributable, state collected, locally shared funds shall be used exclusively for a designated purpose shall be construed as preventing the commissioner of finance and administration from taking out of such fund.
(5)
The contract, lease and option may contain any other reasonable provision deemed necessary and desirable by the commissioner, the coordinator of elections or the governing body of the county.
(6)
Subject to all of the above, when the governing body of a county requests the coordinator of elections to have the state finance the cost of modifying its voting machines in order to comply with the specifications of this chapter, the governing body of the county and the coordinator of elections shall enter into an agreement to be known as a "voting machine loan agreement." The agreement shall be subject to all the terms and conditions as if the county were purchasing machines. The agreement shall provide that the state maintain a lien on such machines until such agreement is satisfied and that such agreements are subject to an annual interest rate of six percent (6%).
(b)
If federal or state grants are used to completely pay for the voting machines or destruction of the voting machines, in lieu of the governing body of a county entering into the contract, lease, and option agreement, a county election commission may, in its sole discretion, elect by majority vote to enter into the contract, lease, and option agreement.
Amended by 2024 Tenn. Acts, ch. 817,s 2, eff. 4/29/2024.
Acts 1972, ch. 740, § 1; T.C.A., § 2-912; Acts 1981, ch. 461, § 2.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-113 - State financing of voting machines - Purchase

(a)
The commissioner of finance and administration shall purchase or otherwise acquire voting machines to carry out §
2-9-112
.
(b)
The coordinator of elections, subject to the approval of the commissioner, shall determine the number of machines to be purchased for the governing body of any county and enter into agreements, as provided in §
2-9-112
, with the county for the financing of the machines. The coordinator of elections in determining the number of machines to be purchased for a county shall consider the following factors:
(1)
The amount of state funds available for the financing of voting machines;
(2)
Whether the county is making an initial acquisition of machines or is replacing old machines;
(3)
The need of the county for assistance in purchasing machines; and
(4)
Such other considerations as may be pertinent to carry out the purposes of this title.
Acts 1972, ch. 740, § 1; T.C.A., § 2-913.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-114 - Funding for voting machine loan fund

All moneys paid by the county to the coordinator of elections under the provisions of either the contract, lease and option or the "voting machine loan agreement" shall be paid into the "voting machine loan fund" and shall be used to fund subsequent loans pursuant to §
2-9-112
in the manner provided by law. Nothing in this section shall be construed to exclude or prevent future appropriations for the purpose of funding the voting machine loan fund.
Acts 1972, ch. 740, § 1; T.C.A., § 2-914; Acts 1999, ch. 313, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-115 - Use of voting machines owned by another governing body

Nothing in this chapter shall prevent voting machines owned or controlled by one governing body from being used by another governing body when arrangements to do so are agreed upon by the affected governing bodies.
Acts 1972, ch. 740, § 1; T.C.A., § 2-915.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-116 - Use of voting machines by groups of citizens

A county election commission may establish and implement a policy permitting the use of voting machines by a group of citizens; provided, that in any county having a metropolitan form of government, the decision to implement the policy is subject to the approval of the local governing body.
Acts 1993, ch. 518, §§ 21, 22; 1995, ch. 489, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 9 - VOTING MACHINES (§§ 2-9-NEW — 2-9-118) › Section 2-9-117 - Approval of voting machines - Reexamination of machines to ensure certification

The state coordinator of elections and the state election commission shall approve any voting machine before a county election commission purchases such machine. Before the 2002 election cycle and at least every eight (8) years thereafter, the state coordinator of elections and the state election commission shall reexamine all voting machines to ensure such machines still meet the minimum criteria for certification. If a particular machine is not recertified by the coordinator of elections and the state election commission, the affected county election commission shall have two (2) years to purchase and implement machines that are properly certified.
Acts 2001, ch. 465, § 8.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 10 - CAMPAIGN FINANCES (§§ 2-10-101 — 2-10-406) › Part 1 - FINANCIAL DISCLOSURE (§§ 2-10-101 — 2-10-133) › Section 2-10-101 - Short title - Application - Administration - Adoption of more stringent requirements

(a)
This part shall be known and may be cited as the "Campaign Financial Disclosure Act of 1980."
(b)
This part does not apply to any candidate for public office for which the service is part time and for which the compensation is less than one thousand dollars ($1,000) per month; provided, that this exemption shall not be applicable to any such candidate for a public office as a chief administrative officer or to any such candidate whose expenditures exceed one thousand dollars ($1,000).
(c)
Any charter provisions of municipalities regarding campaign financial disclosures of candidates for public office apply to candidates for public office, except to the extent that such provisions are in conflict with this part.
(d)
The registry of election finance shall have the jurisdiction to administer and enforce the provisions of this part concerning campaign financial disclosure.
(e)
Nothing in this part shall be construed as prohibiting the largest municipality located within any county having a population of not less than three hundred thirty-five thousand (335,000) nor more than three hundred thirty-six thousand (336,000), according to the 1990 federal census or any subsequent federal census, from enacting, by ordinance or charter amendment, more stringent financial disclosures of candidates for municipal local public office than those requirements imposed by this part. A municipality adopting more stringent requirements pursuant to this chapter shall compensate the county for any additional expenses incurred by the county election commission as a result of adopting more stringent requirements.
Amended by 2013 Tenn. Acts, ch. 231,s 10, eff. 7/1/2013.
Acts 1980, ch. 861, § 2; 1982, ch. 689, § 11; 1984, ch. 683, §§ 1, 7; 1989, ch. 585, § 9; 1997, ch. 558, § 23; 2000, ch. 782, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 10 - CAMPAIGN FINANCES (§§ 2-10-101 — 2-10-406) › Part 1 - FINANCIAL DISCLOSURE (§§ 2-10-101 — 2-10-133) › Section 2-10-103 - Duties of county election commissions

(a)
It is the duty of each county election commission to:
(1)
Accept and file any information filed pursuant to the requirements of this part and information voluntarily supplied that exceeds the requirements of this part;
(2)
Make statements and other information filed with it available for public inspection and copying during regular office hours at reasonable expense;
(3)
Preserve such statements and other information for a period of five (5) years from date of receipt; and
(4)
Notify all candidates for local public office in a local election of the requirements for filing any statement required by this part seven (7) days before any deadline provided for herein.
(b)
It is the duty of the state election commission to furnish the name and address of any candidate for statewide public office and the language of any measure submitted to the people of the entire state to the secretary of state and the registry of election finance.
Acts 1980, ch. 861, § 4; 1984, ch. 683, §§ 2, 7; 1989, ch. 585, § 10.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 10 - CAMPAIGN FINANCES (§§ 2-10-101 — 2-10-406) › Part 1 - FINANCIAL DISCLOSURE (§§ 2-10-101 — 2-10-133) › Section 2-10-104 - Affirmation of statements before witness

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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 10 - CAMPAIGN FINANCES (§§ 2-10-101 — 2-10-406) › Part 1 - FINANCIAL DISCLOSURE (§§ 2-10-101 — 2-10-133) › Section 2-10-106 - Supplemental semiannual statements of contributions and expenditures - Separate, segregated campaign accounts

(a)
If the final statement of a candidate shows an unexpended balance of contributions, continuing debts and obligations, or an expenditure deficit, the campaign treasurer shall file with the registry of election finance or the county election commission, whichever is required by §
2-10-105(a) and (b)
, a supplemental semiannual statement of contributions and expenditures. Beginning after filing the first quarterly report due after an election, subsequent supplemental statements shall be filed on a semiannual basis by candidates until the account shows no unexpended balance, continuing debts and obligations, expenditures, or deficit. A candidate may close out a campaign account by transferring any remaining funds to any campaign fund, subject to the requirements of this part and commence semiannual filing as provided by this part.
(b)
(1)
A candidate who complies with §
2-10-105(a) and (b)
, as applicable, and §
2-10-131(a)
, shall ensure that:
(A)
All funds in a campaign account remain separate and segregated at all times from other funds, including from personal funds and the funds of a political campaign committee controlled, either directly or constructively, by the candidate; and
(B)
All credit transactions incurred on behalf of the candidate's campaign activities or officeholder activities are separate and segregated at all times from other credit transactions incurred on behalf of the candidate personally; the candidate's business, if any; the candidate's non-campaign or non-officeholder related activity; or the activity of a political campaign committee controlled, either directly or constructively, by the candidate.
(2)
Funds maintained in a separate, segregated campaign account in accordance with subdivision (b)(1) are not the personal property of a candidate or other individual. Such funds are not subject to garnishment or any type of execution to satisfy the debts or obligations of an individual that are not campaign debts or obligations.
(3)
A candidate found to be in violation of subdivision (b)(1) commits a Class 2 offense.
Amended by 2023 Tenn. Acts, ch. 108, Secs.s 2, s 3 eff. 4/4/2023.
Amended by 2022 Tenn. Acts, ch. 1087, s 12, eff. 7/1/2022.
Acts 1980, ch. 861, § 7; 1984, ch. 683, §§ 7, 8; 1989, ch. 585, § 14; 1992, ch. 932, § 4; 1992, ch. 978, § 7; 2006 (1st Ex. Sess.), ch. 1, § 3.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 10 - CAMPAIGN FINANCES (§§ 2-10-101 — 2-10-406) › Part 1 - FINANCIAL DISCLOSURE (§§ 2-10-101 — 2-10-133) › Section 2-10-109 - Duties of attorney general and reporter

(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.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 10 - CAMPAIGN FINANCES (§§ 2-10-101 — 2-10-406) › Part 1 - FINANCIAL DISCLOSURE (§§ 2-10-101 — 2-10-133) › Section 2-10-111 - Notification of local election by county election commission - Report of compliance with statement filings - Reporting of late filings

(a)
Each county election commission shall notify the state election commission and the registry of election finance of each local election held in that county at the same time that public notice is posted for the election.
(b)
Each time that a statement for a candidate for local public office or political campaign committee for a local election is due to be filed with the county election commission under §
2-10-105
, the county election commission shall file with the registry of election finance a report certifying that all candidates have filed the report timely or a list of all candidates who have failed to report timely. For each local candidate who is reported to the registry of election finance as filing late, the county election commission shall be required to file, on a form prescribed by the registry, information pertaining to the late filing. The registry shall determine by rule what information from the county election commission shall be necessary. Any changes or revisions to the rules shall be promulgated pursuant to §
4-55-103(1)
.
Acts 2006 (1st Ex. Sess.), ch. 1, § 6; 2009, ch. 556, § 5.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 10 - CAMPAIGN FINANCES (§§ 2-10-101 — 2-10-406) › Part 1 - FINANCIAL DISCLOSURE (§§ 2-10-101 — 2-10-133) › Section 2-10-112 - Application of outstanding balance of campaign account cannot exceed campaign contribution limits

Notwithstanding any other law to the contrary, any candidate who has a previous campaign account with an outstanding balance and who chooses to apply contributions to that previous campaign account, shall not exceed the campaign contribution limits in part 3 of this chapter, for the election cycle during which the candidate accepts the contribution, regardless of whether such candidate applies the amount to the previous campaign account or to the current campaign account. Under no circumstances shall the candidate exceed the contribution limits for the election cycle to which the previous campaign account with an outstanding balance applies.
Acts 2006 (1st Ex. Sess.), ch. 1, § 19.