2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 14 - SPECIAL ELECTIONS (§§ 2-14-101 — 2-14-204) › Part 2 - VACANCIES (§§ 2-14-201 — 2-14-204) › Section 2-14-202 - Time of election - Vacancy in state senate

(a)
If twelve (12) months or more remain prior to the next regular election for members of the general assembly, the governor shall, by writs of election, order a special election to fill such vacancy.
(b)
(1)
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.
(2)
Candidates for the primary elections and independent candidates for the general election shall qualify as required in regular elections but shall file qualifying petitions no later than twelve o'clock (12:00) noon prevailing time on the sixth Thursday before the day of the primary elections. Any candidate wishing to withdraw shall do so before twelve o'clock (12:00) noon, prevailing time, on the fourth day after the qualifying deadline.
(3)
Except where this subsection (b) makes different provisions, part 1 of this chapter 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.
(c)
(1)
If it is necessary to hold a special election to fill a vacancy in the membership of the general assembly, and the date for such election, as established under subsection (b), falls within thirty (30) days of a regular primary or general election being held in the legislative district, or alternatively falls within thirty (30) days of a municipal election being held in an odd-numbered year in a legislative district which is contained entirely within the boundaries of such municipality, the governor may issue the writ of election for the special election for the date which will coincide with the regular primary, general or municipal election.
(2)
If the date of the election is adjusted, as provided herein, all other dates dependent on the date of the election shall be adjusted accordingly, and any filing of candidacy, qualifying petitions, financial statements, or other acts shall be timely done if performed in accordance with the revised dates.
(d)
(1)
If a vacancy occurs in the state senate in a seat with more than two (2) years remaining in the term, but less than twelve (12) months before the next general election for members of the general assembly, candidates for the primary elections and independent candidates shall qualify at the regular qualifying deadline for state elections.
(2)
If a vacancy as described in subdivision (d)(1) occurs after the seventh day before the regular qualifying deadline for statewide offices, candidates for the primary elections and independent candidates shall file the necessary qualifying petitions before twelve o'clock (12:00) noon, prevailing time, on the sixth Thursday before the day of the primary election. Any candidate wishing to withdraw shall do so before twelve o'clock (12:00) noon, prevailing time, on the fourth day after the qualifying deadline.
(3)
If a vacancy as described in subdivision (d)(1) occurs after the sixth Thursday before the primary election, then the members of the county executive committees who reside within the senate district may nominate a candidate to appear on the November election ballot by any method authorized under the rules of the party; provided, however, if no member of the county executive committee resides within the senate district, then the members of the county executive committees who represent precincts within the senate district may nominate a candidate. If a vacancy as described in subdivision (d)(1) occurs after the sixth Thursday before the primary election in any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, then the members of the county executive committees who represent the precincts composing such senate district may nominate a candidate to appear on the November election ballot by any method authorized under the rules of the party. The procedure to be followed by an executive committee shall be the same as set forth in §
2-13-204(b)(4)
. Persons so chosen shall be certified to every county election commission wholly or partially in the district by twelve o'clock (12:00) noon, prevailing time, on the forty-fifth day prior to the regular November election. Independent candidates shall qualify by filing petitions as provided for in §
2-5-104
by twelve o'clock (12:00) noon, prevailing time, on the forty-fifth day prior to the regular November election. Any candidate wishing to withdraw shall do so before twelve o'clock (12:00) noon, prevailing time, on the fourth day after the qualifying deadline.
(4)
(A)
If a vacancy as described in subdivision (d)(1) occurs within forty-five (45) days of the next general election for legislators, members of the county executive committees who represent the precincts composing such senate district may nominate a candidate to appear on a separate November election ballot by any method authorized under the rules of the party within forty-eight (48) hours of notice of the vacancy; provided, however, that any notice requirement under a party's rules in nominating a candidate shall be waived in order to meet the forty-eight-hour deadline. Any recognized minor party that does not have a county executive committee may nominate candidates by caucus or by state executive committee. Persons so chosen shall be certified to every county election commission wholly or partially in the district by twelve o'clock (12:00) noon, prevailing time, within forty-eight (48) hours of being nominated. Certification of the candidates to the affected county election commissions may be transmitted by email. Independent candidates shall be issued nominating petitions immediately upon notice of the vacancy and shall qualify by filing such petitions as provided for in §
2-5-104
by twelve o'clock (12:00) noon, prevailing time, on the same deadline for the certification of the political party candidates. The publication requirements of the qualifying deadline and of the election day sample ballot shall be met by the county election commission posting the same on its website or, if the county election commission does not have or maintain a website, on the website maintained by the secretary of state. No other notices of this election shall be required.
(B)
Any election held pursuant to subdivision (d)(4)(A) shall not be subject to early voting provisions in §
2-6-102
.
(C)
The county election commission shall allow any person, who did vote early for the November election, to additionally cast a ballot in person on election day for any state senate election held pursuant to subdivision (d)(4)(A).
Amended by 2019 Tenn. Acts, ch. 397,s 1, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 827,s 6, eff. 4/21/2016.
Amended by 2015 Tenn. Acts, ch. 484,s 2, eff. 5/20/2015.
Acts 1978, ch. 923, § 1; T.C.A., § 2-2002; modified; Acts 1980, ch. 649, § 3; 1981, ch. 478, § 11; 1982, ch. 678, §§ 1, 2; 2000, ch. 756, §§ 21, 22; 2012, ch. 1101, § 11.