reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 6 - ABSENTEE VOTING (§§ 2-6-101 — 2-6-702) › Part 4 - EMERGENCY ABSENTEE VOTING (§ 2-6-401) › Section 2-6-401 - Emergency absentee ballots

(a)
(1)
The county election commission may designate emergency registrars who shall have the responsibility of supplying ballots to and receiving ballots from persons who have been hospitalized in their county of residence within twenty (20) days of an election when such persons will be unable to vote in person on election day.
(2)
The county election commission may appoint the hospital administrator to act as an emergency registrar for any person who is a patient in that hospital due to an emergency; provided, that no such appointment shall be made more than fifteen (15) days before the election.
(3)
Any ballots cast in accordance with this section shall be witnessed by a voter registered in the county.
(b)
A registered voter eligible to request the services of an emergency registrar shall make such a request not more than twenty (20) days before the election and no later than the opening of the polls on election day. Upon receiving a bona fide request for the services of an emergency registrar, the county election commission shall direct an emergency registrar to provide the following materials to such person:
(1)
An application;
(2)
A paper ballot or ballots;
(3)
A duplicate of the person's permanent voter registration; and
(4)
An envelope in which to seal the ballot.
(c)
In addition to those persons or that category of persons otherwise authorized to vote absentee under this chapter, a voter shall upon a showing of reasonable proof to the administrator of elections or the administrator's deputy be eligible to vote absentee by personal appearance at the commission office, not more than five (5) days nor later than the day prior to the election if:
(1)
Due to the death of a relative of a voter which would result in the voter's absence from the state or county on election day; or
(2)
If the voter receives a subpoena or service of process requiring the voter's presence on election day.
(d)
The procedure for voting shall substantially follow the provisions for voting absentee by personal appearance set out in §§
2-6-102
and
2-6-109
.
Amended by 2013 Tenn. Acts, ch. 231, s 8, eff. 7/1/2013.
Acts 1977, ch. 306, § 1; T.C.A., § 2-629; Acts 1981, ch. 478, §§ 14, 15; 1983, ch. 230, § 1; T.C.A., § 2-6-129; Acts 1994, ch. 859, § 5.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 6 - ABSENTEE VOTING (§§ 2-6-101 — 2-6-702) › Part 5 - VOTING BY MILITARY AND OVERSEAS CITIZENS (§§ 2-6-501 — 2-6-503) › Section 2-6-501 - Voting or registering by mail outside United States or by armed forces - Envelopes

For persons voting absentee by mail or registering by mail from outside the territorial limits of the United States and for all armed forces personnel, there shall be printed across the face of each envelope in which a ballot or any registration material is to be sent the words "Official Election Balloting Material-Via Air Mail", or similar language. Furthermore, there shall be printed the words "Free of United States Postage, Including Air Mail."
Acts 1972, ch. 740, § 1; T.C.A., §§ 2-606, 2-6-106; Acts 1994, ch. 859, § 6; 2008, ch. 928, § 13; 2011, ch. 176, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 6 - ABSENTEE VOTING (§§ 2-6-101 — 2-6-702) › Part 6 - VOTING AT LICENSED NURSING HOMES (§ 2-6-601) › Section 2-6-601 - Methods of voting at nursing homes

(a)
In the case of individuals who are full-time residents of a nursing home, in the county of the voter's residence, the county election commission of each county shall send one (1) absentee voting deputy representing the majority party and one (1) absentee voting deputy representing the minority party to the institution for the purpose of processing, assisting the voter who may be entitled to assistance under §
2-6-105
or §
2-6-106
, and attesting absentee ballot applications and ballots. Both absentee voting deputies shall attest the voter's ballot. The procedure for voting shall substantially follow the provisions for early voting established by part 1 of this chapter and shall be provided to each facility as described in this subsection (a). The procedure for voting in this section shall be the only method by which individuals may vote in an election if such individuals are full-time residents of a nursing home. Nothing in this section shall in any manner be construed to prohibit an individual from voting during the early voting period at a location established for early voting, or otherwise voting in person on election day at either the commission office, in accordance with §
2-3-109(e)
, or the individual's polling place, if such an individual is a full-time resident in such home or institution and the individual is medically able to go to the commission office, the person's polling place, or a location established for early voting for the purpose of voting. The county election commission may begin the voting at the nursing homes twenty-seven (27) days before an election.
(b)
Each nursing home shall provide, upon request from the administrator of elections, a list of all the individuals in the licensed institution for the limited purpose of voting the registered voter. This list shall include the names and home addresses of each individual if such address is not the same as the licensed facility. The list shall be requested by the administrator of elections no later than forty (40) days prior to election day for each election and shall be provided promptly by the facility.
(c)
As used in this part, "nursing home" means a licensed nursing home, assisted care living facility, or home for the aged, other than a penal institution, and includes any independent living facility on the same property as a licensed nursing home, assisted care living facility, or home for the aged.
Amended by 2024 Tenn. Acts, ch. 757,s 1, eff. 4/22/2024.
Amended by 2021 Tenn. Acts, ch. 233, Secs.s 1, s 2, s 3 eff. 4/22/2021.
Acts 1997 , ch. 558, § 12; 1999, ch. 87, § 1; 1999, ch. 197, § 7; 2004, ch. 480, §§ 7, 8.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 6 - ABSENTEE VOTING (§§ 2-6-101 — 2-6-702) › Part 7 - PERSONS WITH PRINT DISABILITIES (§§ 2-6-701 — 2-6-702) › Section 2-6-701 - [Effective 8/2/2024] Definitions

(a)
As used in this part:
(1)
"Low vision" means a partial or total loss of sight that is not correctible with prescription eyeglasses or contact lenses; and
(2)
"Print disability" means a disability that interferes with the person's ability to effectively read, write, or use printed materials, and includes blindness, low vision, and physical disabilities, such as paralysis, that interfere with such abilities.
Added by 2024 Tenn. Acts, ch. 689,s 2, eff. 8/2/2024.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 6 - ABSENTEE VOTING (§§ 2-6-101 — 2-6-702) › Part 7 - PERSONS WITH PRINT DISABILITIES (§§ 2-6-701 — 2-6-702) › Section 2-6-702 - [Effective 8/2/2024] Persons with print disabilities - Procedure for absentee by-mail voting

(a)
Notwithstanding this title to the contrary, the coordinator of elections shall prepare an application to vote absentee by mail by which a registered voter with a print disability may request the administrator of elections to mail or electronically transmit an accessible ballot for voters with a print disability in accordance with the preferred method of transmission designated by the applicant.
(b)
An application to vote absentee by mail under this section must be made available on the secretary of state's website.
(c)
An application to vote absentee by mail received from persons with print disabilities must be signed by the voter, under penalty of perjury, verifying that the information on the application is true and correct, that the voter is eligible to vote absentee by mail in the respective election for which the application is submitted, and that the voter has a print disability that prevents them from reading or marking an absentee by-mail paper ballot. This section must not be construed to allow the voter to use an electronic or digital signature. A voter may submit an application in a manner authorized by § 2-6-202.
(d)
(1)
Upon determining the applicant is entitled to vote in the election, the administrator of elections shall proceed under § 2-6-502(e) for transmitting voting materials to the voter.
(2)
After receiving the absentee voting materials and completing the ballot, the voter shall sign the appropriate affidavit under penalty of perjury. The effect of the signature is to verify the information as true and correct and that the voter is eligible to vote in the election. The voter shall then mail the ballot. Nothing in this section must be construed to permit the transmission of a ballot by use of a fax machine or to permit a ballot which has been voted by an applicant to be electronically transmitted to the county election commission.
Added by 2024 Tenn. Acts, ch. 689,s 2, eff. 8/2/2024.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-101 - Officer of elections

(a)
The officer of elections is in charge of and responsible for the conduct of all the elections being held at the polling place where such officer is the officer of elections. The officer is subject to the direction of the county election commission in the performance of such duties.
(b)
The officer of elections shall:
(1)
Maintain order at the polling place;
(2)
Assure that voting machines and voting compartments are arranged in such a way that the secrecy of the ballot is preserved and that no voter, on entering the polling place, comes near the voting machines or ballot boxes before the voter's eligibility to vote has been determined;
(3)
Keep each voting compartment provided with proper supplies for marking the ballots;
(4)
Have persons who are waiting to vote stand in line so that no person who is waiting is standing nearer than ten feet (10') to any voting machine or ballot box;
(5)
Report the breakdown of any voting machine to the voting machine technician; and
(6)
Ensure that each other election official performs such official's duties.
Acts 1972, ch. 740, § 1; T.C.A., § 2-701.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-102 - Judges

During the time for voting, the judges shall distribute paper ballots, decide challenges to voters, serve in place of other election officials as directed by the officer of elections, and assist the officer of elections in such ways as the officer may direct.
Acts 1972, ch. 740, § 1; T.C.A., § 2-702.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-103 - Persons allowed in polling place

(a)
No person may be admitted to a polling place while the procedures required by this chapter are being carried out except election officials, voters, persons properly assisting voters, the press, poll watchers appointed under §
2-7-104
and others bearing written authorization from the county election commission.
(b)
Candidates may be present after the polls close.
(c)
No police or other law enforcement officer may come nearer to the entrance to a polling place than ten feet (10') or enter the polling place except at the request of the officer of elections or the county election commission or to make an arrest or to vote.
(d)
No person may go into a voting machine or a voting booth while it is occupied by a voter except as expressly authorized by this title.
(e)
In addition to persons authorized to be admitted to the polling place in subsection (a), a child under seventeen (17) years of age may accompany the child's parent or legal guardian into the polling place. Such child may also enter the voting machine or voting booth with such parent or guardian to observe the voting process.
Acts 1972, ch. 740, § 1; T.C.A., § 2-703; Acts 1995, ch. 393, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-105 - Election officials - Vacancies - Administration of oath - Compensation

(a)
The election officials of each polling place shall meet at the polling place at least one-half (1/2) hour before the time for opening the polls for the election.
(b)
(1)
If any election official fails to appear at the polling place, the officer of elections or, in such officer's absence, a majority of the election officials attending shall select other persons to fill the vacancies. The persons selected shall be registered voters of the county for which they are to serve. Any person selected to fill a vacancy shall be, to the extent practicable, of the same political party as the person in whose place such person was selected.
(2)
The officer of elections or, in such officer's absence, the oldest election official in age who has taken the oath shall administer the oath of §
2-1-111
to the persons filling vacancies and to any other official who has not taken the oath.
(3)
The officer of elections shall notify the county election commission of all vacancies.
(4)
Persons appointed to vacancies shall be compensated at the same rate as others performing the job to which they are appointed.
Acts 1972, ch. 740, § 1; T.C.A., §2-705; Acts 1997 , ch. 558, § 29.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-106 - Failure of all officials to appear - Appointment of replacements to election commission - Voting pending appointment

If the county election commission receives notice that no election officials are at the polling place, the commission shall promptly appoint new officials who shall conduct the election. Until the polling place is open for voting, any voter who is eligible to vote there may vote at the county election commission office; ballots cast under this section shall be counted by the county election commission.
Acts 1972, ch. 740, § 1; T.C.A., § 2-706.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-107 - Delivery of election supplies

The officer of elections shall deliver to the polling place on the day of the election the duplicate permanent registration records, paper ballots, sample ballots, voting machine keys, ballot boxes and keys, and all other supplies needed for the conduct of the election.
Acts 1972, ch. 740, § 1; T.C.A., § 2-707.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-108 - Lost, stolen or destroyed ballots - Replacement - Wrong voting machines delivered - Written report of circumstances

(a)
If the ballots for a polling place are lost, stolen, destroyed, not delivered to the polling place or the supply of paper ballots is insufficient for any reason, the officer of elections shall notify the county election commission immediately after learning of this fact. The commission shall provide replacements for the missing or destroyed ballots by delivering the ballots reserved under §
2-5-209
and by having such additional ballots prepared as may be necessary.
(b)
If paper ballots or voting machines or both are delivered to the wrong polling place, the officer of elections shall notify the county election commission upon discovery of the error. The commission shall immediately have the proper ballots or voting machines delivered. Pending the arrival of the correct voting machines, the officer of elections shall proceed under §
2-7-119
as if the machines were out of order.
(c)
At the close of the polls, the officer of elections shall make a written report of the circumstances causing the officer's action under this section to the county election commission which may make additions to the report and shall then transmit it to the grand jury of the county.
Acts 1972, ch. 740, § 1; T.C.A., § 2-708.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-109 - Ballot boxes - Locked during voting

The officer of elections shall show the ballot box to the judges who shall verify that it is empty, and the officer shall then lock the ballot box before the polling place is open for voting. The ballot box shall remain locked until the votes are to be counted after voting has ended.
Acts 1972, ch. 740, § 1; T.C.A., § 2-709.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-110 - Examination and final preparation of machines

(a)
The officer shall give the sealed voting machine keys to the judges to prepare the machines for voting. The envelope containing the keys may not be opened until the judges have examined it to see that it has not been opened and that the number registered on the protective counter and the number on the seal with which the machine is sealed correspond with the numbers written on the envelope containing the keys.
(b)
If the envelope has been torn open, or if the numbers do not correspond, or if any other discrepancy is found, the judges shall immediately inform the voting machine technician of the facts. The voting machine technician or the technician's assistant shall promptly examine the machine and certify whether it is properly arranged.
(c)
If the number on the seal and the protective counter are found to agree with the numbers on the envelope, the judges shall then open the door concealing the counters and carefully examine every counter to see that it registers zero (000) and shall also allow the watchers to examine them. The judges shall then sign a certificate showing the delivery of the keys in a sealed envelope, the number on the seal, the number registered on the protective counter, that all the counters are set at zero (000), and that the ballot labels are properly placed in the machine.
(d)
If any counter is found not to register at zero (000) and if it is impracticable for the voting machine technician to arrive in time to adjust the counters before the time set for opening the polls, the judges shall immediately make a written statement of the designating letter and number, if any, of such counter, together with the number registered thereon, and shall sign and post the statement on the wall of the polling place where it shall remain throughout the election day. In filling out the tally sheets, they shall subtract such number from the number then registered on such counter.
Acts 1972, ch. 740, § 1; T.C.A., § 2-710.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-111 - Posting of sample ballots and instructions - Arrangement of polling place - Restrictions

(a)
The officer of elections shall have the sample ballots, voting instructions, and other materials, which are to be posted, placed in conspicuous positions inside the polling place for the use of voters. The county election commission shall designate entrances to the building in which the election is to be held that are for the use of voters. The officer shall measure off one hundred feet (100') from the designated entrances and place boundary signs at that distance.
(b)
(1)
Within the appropriate boundary as established in subsection (a), and the building in which the polling place is located, the display of campaign posters, signs or other campaign materials, distribution of campaign materials, and solicitation of votes for or against any person, political party, or position on a question are prohibited. No campaign posters, signs or other campaign literature may be displayed on or in any building in which a polling place is located.
(2)
Except in a county with a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, a solicitation or collection for any cause is prohibited. This does not include the normal activities that may occur at such polling place such as a church, school, grocery, etc.
(3)
Nothing in this section shall be construed to prohibit any person from wearing a button, cap, hat, pin, shirt, or other article of clothing outside the established boundary but on the property where the polling place is located.
(c)
The officer of elections shall have each official wear a badge with that official's name and official title.
(d)
With the exception of counties having a metropolitan form of government, any county having a population over six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, and counties having a population of between two hundred fifty thousand (250,000) and two hundred sixty thousand (260,000) by the 1970 census, any county may, by private act, extend the one hundred foot (100') boundary provided in this section.
Amended by 2019 Tenn. Acts, ch. 90, s 1, eff. 3/28/2019.
Acts 1972, ch. 740, § 1; T.C.A., § 2-711; Acts 1980, ch. 543, §§1, 2; 1987, ch. 362, §§ 1, 2, 4; 1993, ch. 465, §§1, 2; 1993, ch. 518, §§ 11, 21; 1994, ch. 582, §1; 2003 , ch. 307, § 6.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-113 - Voting by machine

(a)
When the voter is to vote by voting machine, the voter shall then present the ballot application to the machine operator, enter the machine, and vote by marking the ballot and operating the machine.
(b)
The machine operator shall file the ballot applications in order of presentation and shall permit the voter to operate the machine for those elections in which the voter is entitled to vote.
(c)
The machine operator shall, upon demand of any voter before the voter enters the machine, tell the voter the order of the offices on the ballot and fully instruct the voter on how to operate the machine.
Acts 1972, ch. 740, § 1; T.C.A., § 2-713.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-115 - Residence requirements - Primary election voting requirements

(a)
A voter may vote only in the precinct where the voter resides and is registered, but if a registered voter has, at any time prior to voting, changed residence to another place inside the county, the voter must vote pursuant to §
2-7-140
. If a registered voter has, within ninety (90) days before a state primary or general election or federal primary or general election, changed residence to another place inside Tennessee but outside the county where the voter is registered, the voter may vote in the polling place where the voter is registered. If the voter has, within ninety (90) days before an election, changed name by marriage or otherwise, the voter may vote in the polling place where the voter is registered or is entitled to vote under §
2-7-140
.
(b)
A registered voter is entitled to vote in a primary election for offices for which the voter is qualified to vote at the polling place where the voter is registered if:
(1)
The voter is a bona fide member of and affiliated with the political party in whose primary the voter seeks to vote; or
(2)
At the time the voter seeks to vote, the voter declares allegiance to the political party in whose primary the voter seeks to vote and states that the voter intends to affiliate with that party.
(c)
(1)
On primary election days, a sign that is a minimum of eight and one-half inches by eleven inches (8.5"x11") with a yellow background and bold, black text containing the following language must be posted in each polling place:
It's the Law! Please Read...
It is a violation of Tennessee Code Annotated, Section
2-7-115(b)
, and punishable as a crime under Tennessee Code Annotated, Section
2-19-102
or Section
2-19-107
, if a person votes in a political party's primary without being a bona fide member of or affiliated with that political party, or to declare allegiance to that party without the intent to affiliate with that party.
(2)
The officer of elections at each polling place shall ensure that the sign prescribed by subdivision (c)(1) is posted in a prominent, highly visible location within the polling place.
Amended by 2023 Tenn. Acts, ch. 473, s 1, eff. 5/17/2023.
Acts 1972, ch. 740, § 1; 1974, ch. 801, § 1; T.C.A., §2-715; Acts 1997 , ch. 550, § 9; 2000, ch. 756, § 14.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-117 - Write-in procedure where voting machines are used

(a)
Where voting machines are used, any voter desiring to cast a ballot for a candidate whose name is not on the voting machine ballot may request a paper ballot to be furnished by the ballot judge. This request must be made before operating a voting machine, and a voter after receiving a paper ballot may not enter a voting machine.
(b)
The procedure for casting a write-in ballot in counties which use or have a C.E.S., Inc., Votomatic or other comparable punch card voting system shall be governed by rules and regulations promulgated by the coordinator of elections and the state election commission relative to the use of punch card voting systems.
Acts 1972, ch. 740, § 1; T.C.A., § 2-717; Acts 1988, ch. 672, § 4.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-118 - Time limit for voting - Removal of voter

(a)
No voter who is voting without assistance may remain in a voting machine booth or occupy a voting compartment for more than five (5) minutes if other voters are waiting or more than ten (10) minutes in any event.
(b)
If a voter refuses to leave after such time elapses, the officer of elections shall have the voter removed.
Acts 1972, ch. 740, § 1; T.C.A., § 2-718; Acts 2004, ch. 480, § 9.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-119 - Machine out of order - Procedure

(a)
If a voting machine being used in an election becomes out of order, it shall be repaired if possible or another machine substituted as promptly as possible.
(b)
If repair or substitution cannot be made and other machines at the polling place cannot handle the voters, the paper ballots provided for the polling place shall be used and, if necessary, ballots shall be provided under §
2-7-108
.
(c)
If a voting machine becomes out of order while it is being used, the crosses (X) shall be cleared from its face by the names of candidates and by questions. The voter may then vote on another machine or by paper ballot as the judges decide.
Acts 1972, ch. 740, § 1; T.C.A., § 2-719.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-120 - Spoiled ballots

If any voter spoils a paper ballot, the voter may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled one. The spoiled ballots shall be placed in an envelope marked "Spoiled Ballots."
Acts 1972, ch. 740, § 1; T.C.A., § 2-720.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-121 - Rejected ballots

No person may take any ballot from the polling place before the close of the polls. If a voter refuses to give the paper ballot to the judge to be deposited in the ballot box after marking it, the officer of elections shall require that the ballot be surrendered to the officer and shall deposit it in a sealed envelope marked "Rejected" with the person's name, the reason for rejection, and the officer's signature.
Acts 1972, ch. 740, § 1; T.C.A., § 2-721.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-122 - Management of machine during voting

(a)
The voting machine operator shall inspect the face of the machine after every voter has voted to ascertain that the ballot labels are in their proper places and that the machine has not been injured or tampered with. The operator shall remove any campaign literature left in the machine booth.
(b)
During the election the door or other compartment of the machine may not be unlocked or opened or the counters exposed except by the voting machine technician or other authorized person, a statement of which shall be made and signed by the voting machine technician or authorized person and attached to the returns.
Acts 1972, ch. 740, § 1; T.C.A., § 2-722.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-123 - Challenges to right to vote - Oath of challenged voter

If any person's right to vote is challenged by any other person present at the polling place, the judges shall present the challenge to the person and decide the challenge after administering the following oath to the challenged voter: "I swear (affirm) that I will give true answers to questions asked about my right to vote in the election I have applied to vote in." A person who refuses to take the oath may not vote.
Acts 1972, ch. 740, § 1; T.C.A., § 2-723.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-124 - Challenges - Grounds and procedure

(a)
A person offering to vote may be challenged only on the grounds that the person:
(1)
Is not a registered voter in Tennessee and did not vote a provisional ballot;
(2)
Is not a resident of the precinct where the person seeks to vote;
(3)
Is not the registered voter under whose name the person has applied to vote;
(4)
Has already voted in the election; or
(5)
Has become ineligible to vote in the election being conducted at the polling place since the person registered.
(b)
The judges may ask any question which is material to deciding the challenge and may put under oath and ask questions of such persons as they deem necessary to their decision. The judges shall ask the administrator of elections to check the original permanent registration records if the voter claims to be registered but has no duplicate permanent registration record.
Acts 1972, ch. 740, § 1; T.C.A., §2-724; Acts 1997 , ch. 550, §10; 2003 , ch. 352, § 5.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-125 - Challenged voter - Voting procedure

(a)
If the judges determine unanimously that the person is not entitled to vote, the person shall vote by paper ballot and the person's ballot shall be deposited in a sealed envelope marked "Rejected" with the person's name, the reason for rejection, and the signatures of the judges written on it.
(b)
If the judges do not agree unanimously to rejection, the person shall be permitted to vote as if unchallenged.
(c)
In either case the challenge and outcome shall be noted on the back of the voter's duplicate permanent registration record and on the poll lists.
Acts 1972, ch. 740, § 1; T.C.A., § 2-725.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-126 - Challenge on ground of party membership

A person offering to vote in a primary may also be challenged on the ground that the person is not qualified under §
2-7-115(b)
. Such a challenge shall be disposed of under the procedure of §§
2-7-123
- 2-7-125 by the judge or judges and the other election officials of the party in whose primary the voter applied to vote, with a total of three (3) to decide the challenge.
Acts 1972, ch. 740, § 1; T.C.A., § 2-726.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-127 - Closing of the polling place

At the time set for the closing of the polling place, the officer of elections shall place one (1) of the election officials at the end of the line of persons waiting to vote. No other person may then get in line to vote. The polls shall be closed as soon as all persons in the line ahead of the election official have voted regardless of when the polls opened.
Acts 1972, ch. 740, § 1; T.C.A., § 2-727.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-128 - Duties after closing the polls

The registrars shall, immediately after the polls close, cross (X) out the remaining space on incomplete poll list sheets so that no additional names can be written in and shall number those sheets serially and place them in the poll book binders.
Acts 1972, ch. 740, § 1; T.C.A., § 2-728.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-129 - Unused paper ballots - Disposal

Immediately after the polls close and before any ballot box or voting machine is opened to count votes, the judges shall tear all unused paper ballots in half without tearing off the numbered stubs. The portion without the stubs may then be discarded, and the portion with the stubs shall be preserved.
Acts 1972, ch. 740, § 1; T.C.A., § 2-729.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-130 - Locking of machine - Canvass and proclamation of votes on voting machines

(a)
(1)
After the polls have closed and after disposal of unused paper ballots, the judges shall then lock and seal the voting machines against voting. The judges shall sign a certificate on the tally sheets, stating that:
(A)
Each machine has been locked against voting and sealed;
(B)
The number of voters as shown on the public counters;
(C)
The numbers on the seals; and
(D)
The numbers registered on the protective counters.
(2)
The judges shall then open the counter compartment in the presence of the watchers and all other persons who are present, giving full view of all the counter numbers. One (1) of the judges, under the scrutiny of a judge of a different political party, in the order of the offices as their titles are arranged on the machine, shall read aloud in distinct tones the designating number and letter, if any, on each counter for each candidate's name and the result as shown by the counter numbers. The judge shall in the same manner announce the vote on each question. The counters shall not in the case of presidential electors be read consecutively along the party row or column, but shall always be read along the office columns or rows, completing the canvass for each office. The total shown beside the words "Electors for (giving the name) candidate for President and for (giving the name) candidate for Vice President" shall operate as a vote for all the candidates for presidential electors for those candidates for president and vice president.
(3)
The vote as registered shall be entered on the duplicate tally sheets in ink by the precinct registrars in the same order on the space which has the same designating number and letter, if any. The minority party precinct registrar shall then read aloud the figures from the tally sheet filled in by the majority party precinct registrar for verification by the minority party judge.
(4)
After proclamation of the vote on the voting machines, ample opportunity shall be given to any person present to compare the results so announced with the counter dials of the machine.
(5)
The judges shall make corrections.
(b)
When voting machines are employed such as those of Shoup manufacture, which achieve the effect of seals by the utilization of master keys, sealing the machines upon the close of polls shall be unnecessary.
Acts 1972, ch. 740, § 1; 1976, ch. 416, § 1; T.C.A., § 2-730.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-132 - Completion of duplicate tally sheets - Certification - Final proclamation of vote

(a)
After the completion of the requirements of §
2-7-131
, the duplicate tally sheets shall then be completed, showing the total number of votes cast for each office and question, the total number of votes cast for each candidate, including write-in candidates, and for each position on a question.
(b)
The duplicate tally sheets shall be certified correct and signed by each judge and by the officer of elections and shall be placed in the poll books.
(c)
A final proclamation shall then be made as to the total vote received by each candidate and for each position on questions.
Acts 1972, ch. 740, § 1; T.C.A., § 2-732.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-134 - Return of keys at close of election

After the tally sheets have been certified, the judges shall close and lock the voting machines and enclose the keys for each voting machine in a separate sealed envelope on which they shall certify the number of the machine, the polling place where it has been used, the number on the seal, and the numbers registered on the public and protective counters.
Acts 1972, ch. 740, § 1; T.C.A., § 2-734.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-135 - Lists of election officials prepared by officer of elections

(a)
The officer of elections shall prepare and certify to the county election commission a list of all election officials who served at the polling place and their official positions. The list shall be signed by each official.
(b)
The officer of elections shall certify to the county election commission the names of those persons appointed as officials for the polling place before the election who failed to appear and discharge the duties of office.
Acts 1972, ch. 740, § 1; T.C.A., § 2-735.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-136 - Public announcement of results - Certification of results on demand of any candidate or watcher

When the certification of the tally sheets is complete, the officer of elections shall publicly announce the results and shall, on demand of any candidate or watcher present, furnish such person a certified copy of the results. The certificate shall include the names of all candidates appearing on the ballot, the number of votes received by each and the number of votes for and against each question, including separately the total number of votes cast for each by voting machine and by paper ballot. The certificate shall be signed by the officer of elections and the judges and may be used as competent evidence in case of a contest regardless of what tribunal is hearing the contest.
Acts 1972, ch. 740, § 1; T.C.A., § 2-736.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-137 - Items to be locked in ballot box after certification of the completed tally sheets

After certification of the completed tally sheets and the performance of the other duties of this chapter, the officer of elections shall have the following items placed in the ballot box or boxes which shall then be locked:
(1)
The bound bundles of paper ballots;
(2)
The record of voter assistance;
(3)
The envelopes containing spoiled ballots;
(4)
The envelopes containing rejected ballots;
(5)
The poll books;
(6)
The bound applications for ballots;
(7)
The portions of unused paper ballots containing the numbered stubs;
(8)
The envelopes containing the voting machine keys; and
(9)
The ballot box keys.
Acts 1972, ch. 740, § 1; T.C.A., § 2-737; Acts 1982, ch. 871, § 1.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-138 - Delivery of locked ballot box and supplies or equipment to county election commission

The officer of elections, accompanied by either a judge or precinct registrar of another political party, shall immediately deliver the locked ballot box or boxes and remaining election supplies or equipment except the voting machines to the county election commission.
Acts 1972, ch. 740, § 1; T.C.A., § 2-738.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-139 - Removal of supplies from polling place prohibited

No election supplies, ballots or equipment may be removed from a polling place from the opening of the polls until the requirements of §
2-7-137
have been met except that items which have been delivered to the wrong polling place may be transferred to the correct one.
Acts 1972, ch. 740, § 1; T.C.A., § 2-739.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-141 - Procedures for certain active voters

(a)
If the registration of a voter has been transferred to a new precinct within the same county pursuant to §
2-2-129(b)(2)(A)
, the voter shall be required to vote under the procedures of this section.
(b)
(1)
A registered voter whose registration has been transferred pursuant to §
2-2-129(b)(2)(A)
, but who has in fact not moved or has moved to a different address from that supplied by the postal service, shall be required to make a written affirmation of such registered voter's current address of residence and that the voter is entitled to vote before voting. This affirmation shall be made on a standard form provided by the county election commission and shall be made before the officer of elections at the voter's polling place or the appropriate election official at an early voting site. The voter may then vote using the same method as any other voter at the polling place. The fact that this voter is a registered voter and has not already voted in the current election must be confirmed by the county election commission before this person may vote.
(2)
A county election commission may establish a centrally located site or sites to be designated by such commission for voters voting under this subsection (b).
(3)
If a county election commission elects to establish a centrally located site or sites, then the official at such polling location shall notify the voter that the voter has the option to vote either at the new polling place or at a centrally located site or sites. If a central location is other than the county election commission office, then such centrally located site shall be equipped with computer capabilities linked to the county election commission office to allow the voter's records to be changed or corrected in the same manner as if the voter were to appear at the county election commission office on election day in order that the voter may cast the appropriate ballot.
(c)
A registered voter whose registration has been transferred pursuant to §
2-2-129(b)(2)(A)
, who has in fact moved to the new address of residence recorded by the administrator of elections, and who appears to vote at an early voting site or at the new precinct to which the voter's registration has been transferred, shall vote using the same method as any other voter at the polling place.
Acts 1999, ch. 499, §2; 2003 , ch. 307, § 2.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-142 - Use of mobile electronic or communication devices at polling places

(a)
A county election commission shall not prohibit a voter from using a mobile electronic or communication device at a polling place for informational purposes to assist the voter in making election decisions. A county election commission may require that any mobile electronic or communication device be silenced while in use at the polling place.
(b)
Any voter using a mobile electronic or communication device as allowed in subsection (a) shall be prohibited from using the device for telephone conversations, recording, or taking photographs or videos while inside the polling place.
Added by 2015 Tenn. Acts, ch. 315,s 1, eff. 1/1/2016.
2023 Tennessee Code › Title 2 - ELECTIONS (§§ 2-1-101 — 2-20-109) › Chapter 7 - PROCEDURE AT THE POLLING PLACE (§§ 2-7-101 — 2-7-143) › Section 2-7-143 - Tennessee Freedom of Speech Act

(a)
This section shall be known and may be cited as the "Tennessee Freedom of Speech Act."
(b)
Notwithstanding any law to the contrary, during the period beginning sixty (60) days before the first day voting begins pursuant to §
2-6-102(a)(1)
for an election until the first day after voting ends for such election:
(1)
This state, a local government, or any other political subdivision of this state:
(A)
Shall not regulate the shape or quantity of political or campaign posters or signs placed on private property that is located more than one hundred feet (100') from a polling place if the signs or posters are placed on the property by the owner of the property or any lawful resident of a residence on the property;
(B)
May prohibit, notwithstanding subdivision (b)(1)(A), any political or campaign poster or sign covered by this section from exceeding:
(i)
For commercial property, thirty-two square feet (32 sq. ft.) in size; and
(ii)
For residential property, sixteen square feet (16 sq. ft.) in size; and
(C)
Notwithstanding subdivision (b)(1)(A), may adopt reasonable restrictions limiting the number of political campaign signs or posters that may be placed on property; provided, that such restrictions authorize an owner or resident to place at least one (1) poster or sign on the property per candidate, issue, or subject; and
(2)
A homeowners' association shall not, by covenant, condition, restriction, or rule, prohibit the display of political or campaign posters or signs placed on private property by the owner of the property or any lawful resident of a residence on the property. A homeowners' association may adopt reasonable covenants, conditions, restrictions, or rules with respect to the placement and removal of political or campaign posters or signs placed on homeowner association common space and private property maintained by the owner or resident, including limiting the size of campaign posters or signs in those common and private property areas to four square feet (4 sq. ft.).
(c)
A lessor of residential property may require a lessee to obtain the written permission of the lessor prior to placing any political or campaign posters or signs on such residential property. Any such requirement must be included in the lease or rental agreement.
(d)
This section applies to any clause, covenant, condition, restriction, or rule contained in any agreement or contract between a homeowners' association and property owner or between a lessor and lessee executed or modified after July 1, 2017.
Amended by 2022 Tenn. Acts, ch. 626, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 626, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 93, s 1, eff. 7/1/2021.
Added by 2017 Tenn. Acts, ch. 294, s 1, eff. 7/1/2017.