NOTES TO DECISIONS

1. Compliance with Election Laws.

The general rule is that only a substantial compliance, rather than a strictly literal compliance, with the election laws is required, so that, absent proof of fraud, the court would not hold illegal either the ballots of persons who merely voted in the wrong city precinct or the ballots of women who had married since their prior registration and who had simply failed to report a change of name; but where there were more than five clearly illegal ballots cast in an election because of the improper and unauthorized late registration of voters who had not previously registered to vote in municipal elections, those were not minor or technical violations but rather violations of major and important statutory provisions governing the registration of voters, so that the election was held void and a new election ordered. Lanier v. Revell, 605 S.W.2d 821, 1980 Tenn. LEXIS 500 (Tenn. 1980).

2. Administration.

Although fact that the chair of a county election commission was the campaign manager for the successful candidate for mayor was not a direct violation of the election laws, it created an appearance of impropriety which aroused suspicion and distrust of the administration of the election laws and was, at a minimum, ill-advised. Lanier v. Revell, 605 S.W.2d 821, 1980 Tenn. LEXIS 500 (Tenn. 1980).

County election commission erred by refusing to place an ordinance on the ballot, as the commission's duties were ministerial and, thus, it did not have the authority to determine whether the proposed ordinance would have been constitutional had the measure passed. City of Memphis v. Shelby County Election Comm'n, 146 S.W.3d 531, 2004 Tenn. LEXIS 802 (Tenn. 2004).

3. Judicial Review.

Trial court acted without jurisdiction in a case brought by a mayor by entering an injunction against an election commission precluding a recall election because the commission was entitled to make a final determination regarding the issues surrounding the recall ballot before judicial review; under T.C.A. § 27-9-101, judicial review was available as to final orders. The commission was preempted by the trial court's injunction from meeting and engaging in the statutorily prescribed ministerial duties required of it to make final decisions regarding the recall ballot. Littlefield v. Hamilton County Election Comm'n, — S.W.3d —, 2011 Tenn. App. LEXIS 602 (Tenn. Ct. App. Nov. 3, 2011).

NOTES TO DECISIONS

1. Authority.

By necessary implication, a county election commission had the authority under Tennessee's election statutes to hold a quasi-judicial hearing to make a factual determination to resolve a voter's complaint challenging a judicial candidate's residency. McFarland v. Pemberton, 530 S.W.3d 76, 2017 Tenn. LEXIS 561 (Tenn. Sept. 20, 2017).

NOTES TO DECISIONS

1. Constitutionality.

It is reasonable to require minority political parties to demonstrate support from electors by the means prescribed in this section in order to obtain a position on the ballot for statewide offices pursuant to § 2-13-201, and these requirements do not invidiously discriminate against minority parties. Tennessee Libertarian Party v. Democratic Party, 555 S.W.2d 102, 1977 Tenn. LEXIS 622 (Tenn. 1977), rehearing denied, Tenn. Libertarian Party v. Democratic Party, 555 S.W.2d 102, 1977 Tenn. LEXIS 623 (Tenn. 1977).

Delegation to the State Elections Coordinator of authority to establish requirements for recognition of minor parties under T.C.A. § 2-1-104 violated the parties' constitutional right to have voting procedures established by the state legislature and was unconstitutionally vague, since the delegation did not delineate any general policy, articulate intelligible standards for the Coordinator's exercise of the delegated authority, nor fix the boundaries of the delegated authority. Green Party of Tenn. Constitution Party of Tenn. v. Hargett, 882 F. Supp. 2d 959, 2012 U.S. Dist. LEXIS 13765 (M.D. Tenn. Feb. 3, 2012), rev'd, Green Party v. Hargett, 2012 FED App. 397P, 2012 U.S. App. LEXIS 24645 (6th Cir. Nov. 30, 2012).

Requirement under T.C.A. § 2-1-104 that minor political parties obtain 2.5 percent of the votes in the prior gubernatorial election in order to be recognized minor political parties violated the parties'  constitutional right to freedom of association, since only a showing of a modicum of support among potential voters was constitutionally required, and the arbitrary percentage was excessive in the absence of any state interest warranting the requirement. Green Party of Tenn. Constitution Party of Tenn. v. Hargett, 882 F. Supp. 2d 959, 2012 U.S. Dist. LEXIS 13765 (M.D. Tenn. Feb. 3, 2012), rev'd, Green Party v. Hargett, 2012 FED App. 397P, 2012 U.S. App. LEXIS 24645 (6th Cir. Nov. 30, 2012).

Definition of a “recognized minor party,” as set forth in T.C.A. § 2-1-104, is not unconstitutionally vague on its face because a fair reading of the statute does not compel an interpretation that gives the coordinator of elections unfettered discretion to establish party qualifying petition requirements that the legislature failed to establish. Green Party v. Hargett, 2012 FED App. 397P, 2012 U.S. App. LEXIS 24645 (6th Cir. Nov. 30, 2012).

Definition of a “recognized minor party,” as set forth in T.C.A. § 2-1-104, does not constitute an impermissible delegation of legislative authority because it can reasonably be interpreted to comply with U.S. Const. art. I, § 4; the Tennessee General Assembly prescribed the key substantive regulations governing minor-party nominating petitions, including the 2.5% signature provision and 119-day filing deadline, while expressly delegating to the coordinator of elections the administrative task of establishing the petition's form. Green Party v. Hargett, 2012 FED App. 397P, 2012 U.S. App. LEXIS 24645 (6th Cir. Nov. 30, 2012).

T.C.A. § 2-1-104(a)(24) unduly burdened minority political parties' First Amendment rights, under strict scrutiny, because requiring 40,000 plus signatures for ballot access made access futile. Green Party v. Hargett, 953 F. Supp. 2d 816, 2013 U.S. Dist. LEXIS 91393 (M.D. Tenn. June 17, 2013), rev'd, Green Party of Tenn. v. Hargett, 767 F.3d 533, 2014 FED App. 201P (6th Cir.), 2014 U.S. App. LEXIS 16207 (6th Cir. Tenn. 2014).

Minority political parties had standing to contest Tennessee ballot access laws because: (1) the case had been remanded to consider the parties' claims, after statutory amendments; and (2) the parties' were still required to obtain signatures equal to 2.5 percent of the voters in the last gubernatorial election, under T.C.A. § 2-1-104(a)(24). Green Party v. Hargett, 953 F. Supp. 2d 816, 2013 U.S. Dist. LEXIS 91393 (M.D. Tenn. June 17, 2013), rev'd, Green Party of Tenn. v. Hargett, 767 F.3d 533, 2014 FED App. 201P (6th Cir.), 2014 U.S. App. LEXIS 16207 (6th Cir. Tenn. 2014).

2. Selection of Nominees.

The method of selecting nominees used by the Tennessee State Democratic Executive Committee is not an election within the meaning of that term in this section. State ex rel. Inman v. Brock, 622 S.W.2d 36, 1981 Tenn. LEXIS 441 (Tenn. 1981), cert. denied, Inman v. Brock, 454 U.S. 941, 102 S. Ct. 477, 70 L. Ed. 2d 249, 1981 U.S. LEXIS 4116 (1981).

NOTES TO DECISIONS

1. Verification of Signatures.

Data processing method used to verify signatures on two petitions for a referendum election on proposed amendments to charter of Metropolitan Government of Nashville and Davidson County, whereby computer compared signatures on petitions with permanent voter registration file, without checking addresses, and reported a match only if the name keyed in corresponded exactly with a name listed on the voter registration file, contravened the public policy of the state and would be deemed arbitrary and not in conformity with the law. State ex rel. Wise v. Judd, 655 S.W.2d 952, 1983 Tenn. LEXIS 711 (Tenn. 1983).

NOTES TO DECISIONS

1. Constitutionality.

Tennessee's requirement that minor or new political parties file an affidavit stating that the party does not advocate overthrow of the government by force or violence before the party's nominees could be placed on the ballot violates the First Amendment, as loyalty oaths are unconstitutional; however, the requirement that the party's rules of operation be filed with the Tennessee Secretary of State is unrelated to the loyalty oath requirement. Green Party of Tenn. v. Hargett, 791 F.3d 684, 2015 U.S. App. LEXIS 11438, 2015 FED App. 136P (6th Cir. 2015).

Collateral References.

Political principles or affiliations as ground for refusal of government officials to take steps necessary to representation of party or candidate upon official ticket. 130 A.L.R. 1471.

NOTES TO DECISIONS

1. First Day.

The “first day” which is excluded in the calculation of the 10-day period (now 5 days) in § 2-17-105 is the day of the election. Sanders v. Parks, 718 S.W.2d 676, 1986 Tenn. LEXIS 803 (Tenn. 1986).

2-2-101. Chapter definitions.

As used in this chapter:

1. “Administrator of elections” means the chief administrative officer appointed by the county election commission. The “administrator of elections” created by this section is the immediate successor to the “registrar-at-large” for each county;
2. “Commission” means the county election commission unless another intent is clearly shown; and
3. “Deputy” means all office personnel or clerical assistants other than the administrator of elections and is the immediate successor to “deputy registrar.”

Acts 1972, ch. 740, § 1; T.C.A., § 2-201; Acts 1997, ch. 558, §§ 21, 22.

Cross-References. Administrators of elections, title 2, ch. 12, part 2.

Duties of coordinator of elections, § 2-11-202.

Law Reviews.

Rethinking the Right to Vote Under State Constitutions, 67 Vand. L. Rev. En Banc 189 (2014).

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

The Origins and Constitutionality of State Unit Voting in the Electoral College, 54 Vand. L. Rev. 2099 (2001).

Collateral References.

Constitutionality of statutes in relation to registration before voting at election or primary. 91 A.L.R. 349.

2-2-102. Qualified voter.

A citizen of the United States eighteen (18) years of age or older who is a resident of this state is a qualified voter unless the citizen is disqualified under the provisions of this title or under a judgment of infamy pursuant to § 40-20-112.

Acts 1972, ch. 740, § 1; 1973, ch. 327, § 2; T.C.A., § 2-202; Acts 1981, ch. 342, § 2; 1994, ch. 919, § 1.

Cross-References. Acts purging registration, § 2-2-106.

Duties of election coordinator, § 2-11-202.

Judgment of infamy, § 40-20-112.

Notice of infamy, § 40-20-113.

Registration information, § 2-2-116.

Restoration of suffrage, §§ 2-2-139, 40-29-101.

Suffrage for persons convicted of infamous crimes, § 2-19-143.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, §§ 4, 6.

Law Reviews.

The Origins and Constitutionality of State Unit Voting in the Electoral College, 54 Vand. L. Rev. 2099 (2001).

Residency Requirements — Application of “Compelling State Interest” Test, 2 Mem. St. U.L. Rev. 114 (1972).

The Right to Vote Under State Constitutions (Joshua A. Douglas), 67 Vand. L. Rev. 89 (2014).

Attorney General Opinions. “Qualified voter” under city charter, OAG 99-077 (4/5/99).

Right of non-resident property owners to vote in annexation referendum.  OAG 13-106, 2013 Tenn. AG LEXIS 111 (12/20/13).

T.C.A. § 8-8-102(a)(3) imposes two requirements on potential candidates who seek to qualify for election or appointment to the office of sheriff.  First, the candidate must be a “qualified voter of the county,” which requires the candidate to satisfy the qualifications in T.C.A. § 2-2-102, but does not require the candidate to be registered to vote.  Second, the candidate must have been a “resident of the county for one (1) full year” prior to the qualification deadline. OAG 17-36, 2017 Tenn. AD LEXIS 36 (8/30/2017).

2-2-103. Effect of change of residence within thirty (30) days of election.

If a registered voter moves such voter's residence from this state after the thirtieth day before an election for electors for president and vice president and for that reason does not satisfy the registration requirements of such voter's new residence for that election, the voter continues to be a registered voter but only for electors for president and vice president in that election in the voting precinct in which the voter was last registered. The voter may vote either in person or by absentee ballot.

Acts 1972, ch. 740, § 1; T.C.A., § 2-203.

2-2-104. Persons entitled to register.

The following persons may register permanently under this title:

1. A person who is a qualified voter when such person applies to register;
2. A person residing in an area within this state which has been ceded to the federal government if the person is otherwise qualified to vote; and
3. A person who will be eighteen (18) years of age on or before the date of the next election after the person applies to register and who is otherwise eligible to register.

Acts 1972, ch. 740, § 1; T.C.A., § 2-204; Acts 1994, ch. 919, § 2.

Collateral References.

Validity of statute requiring proof and disclosure of information as condition of registration to vote. 48 A.L.R.6th 181.

2-2-105. Permanency of registration.

Registration of voters under this title is permanent. When a voter has once been registered under this title or under any previous permanent registration law if the voter would be eligible under this title, it is unnecessary for such voter to register again unless the voter's registration is purged under this title or was purged under a previous permanent registration law.

Acts 1972, ch. 740, § 1; T.C.A., § 2-205.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 6.

2-2-106. Acts purging registration — Notice.

1. The registration of a person shall be purged:
   1. At the request of the voter;
   2. Ninety (90) days after a change of name for any reason, except by marriage or divorce;
   3. If the voter dies;
   4. Upon receiving information that a person has been convicted of an infamous crime as defined by § 40-20-112 from the state coordinator of elections, the district attorney general, United States attorney, clerk of the court that entered the conviction, or other source upon verification by the clerk of the convicting court; or
   5. Upon written confirmation from the voter that the voter has changed the voter's address to an address outside the county of registration or has registered to vote in another jurisdiction.
2. It is the responsibility of the county election commission to implement an address verification program to identify any voter who has changed the voter's address of residence without notifying the election commission. The address verification program shall conform to the intent of this section and this part and the National Voter Registration Act of 1993 (52 U.S.C. § 20501 et seq., formerly 42 U.S.C. § 1973gg et seq.). The county election commission shall complete the address verification process at least on a biennial basis, but may do so annually. The county election commission shall complete any such process no later than ninety (90) days before a federal election.
3. 1. To identify any voter who has changed the voter's address of residence without notifying the county election commission, the address verification program implemented by the county election commission under subsection (b) may use any of the following, or any combination of the following, sources:
      1. The return of mail sent by the county election commission to the voter at the voter's address of registration. The mail sent to the voter may include, without limitation, a non-forwardable verification card, a non-forwardable voter registration card, or a notice mailed pursuant to § 2-3-105 or § 2-5-211;
      2. The United States postal service's national change of address service; and
      3. Information received from the coordinator of elections as a result of a comparison of voter registration addresses with the residential addresses of record with the department of safety. To conduct the comparison of residential addresses, the department of safety and the coordinator of elections may retrieve the data applicable to the voter's address of residence and match the voter's registration address with data applicable to the voter's matching record with the department of safety. The coordinator of elections may obtain from the department of safety a list of all persons who have surrendered their Tennessee driver license while obtaining a driver license from another state.
   2. If, as a result of the address verification program, the county election commission determines that a voter may have changed the voter's address of residence, the administrator of elections shall mail a forwardable confirmation notice to the voter at the address of registration with a postage prepaid, pre-addressed return form on which the voter may verify or correct the new address information.
4. Upon the mailing of a notice pursuant to subsection (c), the administrator of elections shall place the registration in inactive status and then take one (1) of the following steps as appropriate to the response of the voter or the failure of the voter to respond to the notice:
   1. If the voter returns the form or otherwise notifies the election commission in writing and indicates that there is in fact no change in address, the voter's registration will be returned to active status;
   2. If the voter returns the form or otherwise notifies the election commission in writing and indicates a new address within the county of current registration, the voter's registration will be updated to reflect the new address of residence;
   3. If the voter returns the form or otherwise notifies the election commission in writing and indicates a new address in another county, the administrator of elections shall remove the voter's name from the voter registration rolls, and shall advise the voter how to register in the new county of residence;
   4. If a voter fails to respond to a confirmation notice and the voter in fact does not have a new address or has a new address within the same precinct, the voter may appear at the voter's polling place and vote in any election held between the time the notice was sent and the second regular November election held after the notice was sent. When appearing to vote, the person will be required to make written affirmation on the affidavit as described in § 2-7-140 and vote according to the procedures outlined in that section;
   5. If a voter fails to respond to a confirmation notice and if the voter has changed the voter's address of residence to an address within the same county but in another precinct, the voter may correct the registration and vote at the appropriate polling place for the voter's new residence in any election held between the time the notice was sent and the second regular November election held after the notice was sent. When appearing to vote, the person will be required to make written affirmation on the affidavit as described in § 2-7-140 and vote according to the procedures outlined in that section;
   6. If a voter fails to respond to a confirmation notice and if the voter has changed the voter's address of residence to an address outside the county of registration, the voter may not vote until such voter becomes properly registered in the new county of residence except as provided in § 2-7-115; and
   7. A voter may use a response to a confirmation notice to update the voter's registration to reflect a change in the voter's name.
5. If the voter fails to respond to the confirmation notice, does not appear to vote, and does not update the voter registration between the time the notice is sent and the second regular November election held after the notice was sent, the administrator of elections shall purge the voter's registration.
6. Notwithstanding anything in this section to the contrary, the administrator shall send a voter's registration card by non-forwardable mail.
7. Voter registrations that are inactive pursuant to the provisions of this section shall not be included in a county's total of registered voters. The administrator shall maintain a separate total of voters on inactive status.
8. Any person who intentionally makes a false affirmation pursuant to this section violates § 2-19-107 and shall be punished as provided in § 2-19-107.

Acts 1972, ch. 740, § 1; 1976, ch. 407, § 1; T.C.A., § 2-206; Acts 1981, ch. 345, § 4; 1993, ch. 518, §§ 19, 21; 1994, ch. 947, § 8; 1995, ch. 76, § 2; 1996, ch. 735, §§ 1, 2; 1997, ch. 550, § 1; 2011, ch. 161, § 1; 2017, ch. 245, §§ 1, 2.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Amendments. The 2017 amendment, in (b), in the second sentence, substituted “The address” for “This address” at the beginning, substituted “shall conform to” for “shall conform with”, and substituted “compiled in 52 U.S.C. § 20501 et seq. (formerly 42 U.S.C. § 1973gg et seq.)” for “compiled as 42 U.S.C. § 1973gg et seq.” at the end; and substituted “no later than ninety (90) days before a federal election” for “not later than ninety (90) days before the regular August election” at the end of the last sentence; added present (c)(1) and designated the former paragraph as (c)(2); and, in present (c)(2), substituted “voter may have” for “voter has”,  substituted the second occurrence of “voter” for “registrant”, and deleted the former  second sentence which read: “The county election commission shall also follow this process if indications exist that the voter may no longer reside at the address at which the voter is registered, such as the voter's failure to vote, or otherwise update the voter's registration over a period of two (2) consecutive regular November elections.”

Effective Dates. Acts 2017, ch. 245, § 6.  May 2, 2017.

Cross-References. Duties of election coordinator, § 2-11-202.

Judgment of infamy, § 40-20-112.

Notice of infamy, § 40-20-113.

Qualified voters, § 2-2-102.

Registration information, § 2-2-116.

Restoration of suffrage, §§ 2-2-139, 40-29-101.

Suffrage for persons convicted of infamous crimes, § 2-19-143.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 6.

2-2-107. Precinct or municipality of registration — Change of habitation without change of residence.

1. 1. A person shall be registered as a voter of the precinct in which the person is a resident, and, if provided for by municipal charter or general law, may also be registered in a municipality in which the person owns real property in order to participate in that municipality's elections.
   2. Notwithstanding any provision of this title to the contrary, if a person's residence is located on real property which is located in both a municipality and in an unincorporated area in the county in which the municipality is located, then such person shall be eligible to vote in municipal elections if municipal taxes are assessed on the portion of real property located within the municipality. In a county having a metropolitan form of government, “unincorporated area,” as used in this subdivision (a)(2), includes an area outside the boundaries of any of the smaller cities within the metropolitan government.
   3. Notwithstanding any law to the contrary, if a municipal charter provides for property rights voting, no more than two (2) persons shall be entitled to vote based upon the ownership of an individual tract of property regardless of the number of property owners.
2. If a voter moves such voter's habitation outside the precinct where the person is a registered voter but continues to be a resident of the precinct, the county election commission shall determine the person's rights and duties on the basis of the location of the person's last residence in the precinct before the person's change of habitation.
3. In order to timely correct voter registration records, municipalities which have annexed territory or changed any district or ward boundary shall provide each county election commission affected by the change with the following:
   1. Maps depicting the area;
   2. A copy of the ordinance or resolution calling for the change denoting, if applicable, which wards or districts the annexed or changed area will be a part of; and
   3. A copy of the census taken for the annexation, if available, with names and addresses within the annexed area.

Acts 1972, ch. 740, § 1; 1978, ch. 944, § 1; T.C.A., § 2-207; Acts 1996, ch. 765, § 1; 1999, ch. 197, § 1; 2001, ch. 413, § 13; 2003, ch. 134, § 1; 2014, ch. 724, § 5.

Amendments. The 2014 amendment, in (a)(2), rewrote the first sentence which read: “Notwithstanding any provision of this title to the contrary, if a person's residence is located on real property which is located in both a municipality and in an unincorporated area in the county in which the municipality is located, then such person shall be eligible to register either in the municipal precinct or the county precinct in which such property is located.”, and deleted the former last sentence which read: “The election by a person to register in the municipality or the unincorporated area of the county is a one-time election.”

Effective Dates. Acts 2014, ch. 724, § 12. April 16, 2014.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, §§ 4, 6.

Law Reviews.

Tennessee Annexation Law: History, Analysis, and Proposed Amendments (Frederic S. Le Clercq), 55 Tenn. L. Rev. 577 (1989).

2-2-108. Commission offices — Hours — Functions.

1. 1. Each commission shall have an office in the county courthouse or another public building and such other locations as the commission may designate for registering voters and performing other functions required or authorized by law. The main office shall be open at least from nine o'clock a.m. (9:00 a.m.) until four o'clock p.m. (4:00 p.m.) on such day or days each week as the commission directs.
   2. In counties with administrators of elections certified under § 2-11-202(b), who receive at least ninety percent (90%) or eighty-five percent (85%) of the assessor of property's salary pursuant to § 2-12-208(a)(1) or (a)(3) [now § 2-12-208(a)], respectively, the commission office shall be open during the hours specified in this subsection (a) at least five (5) days per week. In counties with administrators certified under § 2-11-202(b), who receive at least eighty percent (80%) of the assessor of property's salary pursuant to § 2-12-208(a)(2) [now § 2-12-208(a)], the commission office shall be open during the hours specified in this subsection (a) at least four (4) days per week. The hours such offices shall be open established by this subsection (a) shall be the minimum hours, and nothing in subsection (a) shall be construed as prohibiting the election commission from requiring such offices to stay open for additional hours per day or days per week.
2. The county election commission may establish additional hours when the main office shall be open to perform the commission's statutory functions. The office shall be open as many days a week as necessary to register qualified registrants, to replace lost registration cards, to transfer or change registrations and to perform the other duties of the commission.

Acts 1972, ch. 740, § 1; 1974, ch. 642, §§ 1, 4; T.C.A., § 2-208; Acts 1980, ch. 712, § 1; 1982, ch. 635, § 1; 1986, ch. 930, § 2; 1991, ch. 75, § 1; 1994, ch. 919, § 3; 1996, ch. 1081, §§ 1, 2.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

The bracketed references in subdivision (a)(2) are set out to reflect amendments to § 2-12-208(a) by Acts 2005, ch. 470 which deleted the former subdivision designations.

2-2-109. Registration periods.

1. A qualified voter may register or have the voter's registration altered at the commission office at any time the office is open, except that applications for registration shall not be processed for twenty-nine (29) days before an election, except as provided in subsection (b); provided, that a qualified voter may file a mail registration form by postmarking the registration form or submitting the registration form thirty (30) days before an election. A mail registration form lacking a postmark, but signed and dated at least thirty (30) days before an election, shall be timely filed if it is received by the county election commission no later than the twenty-seventh day prior to the election. A qualified voter may correct a deficient but timely filed mail registration form if the voter files a completed registration application or otherwise corrects the deficiency on or before the next regularly scheduled November general election. The administrator of elections shall register the person to vote if the person is otherwise eligible to register. Deficient registrations not corrected on or before the next regularly scheduled November general election shall no longer be considered deficient and shall be void. The administrator shall be empowered to update an existing registration until no later than five (5) days before an election to place it within the correct precinct in the county when a voter changes the voter's address through the process described in § 2-7-140.
2. When the thirtieth day before an election falls on a Saturday, Sunday, or legal holiday, applications for registration shall be accepted and processed the next business day following such Saturday, Sunday, or legal holiday. This extends the deadline for applications for registration completed at the county election commission office as well as the deadline for having a by-mail registration form postmarked.
3. When elections are being held in two (2) or more voting districts within any county, the time period for such registration or alteration of permanent registration records shall be calculated for each election separately, and such registration or alteration of permanent registration records is not prohibited in one (1) election because it is twenty-nine (29) days prior to another within the same county.

Acts 1972, ch. 740, § 1; T.C.A., § 2-209; Acts 1980, ch. 678, § 1; 1980, ch. 728, § 1; 1994, ch. 919, § 4; 1995, ch. 76, § 3; 1997, ch. 550, § 3; 2000, ch. 756, § 1; 2001, ch. 413, § 9; 2002, ch. 698, § 3; 2007, ch. 125, § 1; 2008, ch. 928, § 1; 2013, ch. 179, § 2; 2013, ch. 231, § 1; 2014, ch. 724, § 2; 2016, ch. 827, § 1.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Amendments. The 2014 amendment, in (a), substituted “if the voter files a completed registration application or otherwise corrects the deficiency no later than five (5) days before the next regularly scheduled November general election” for “if the voter comes to the commission office no later than five (5) days before the election and presents the rejection of registration notice to the administrator of elections” at the end of the third sentence, added the present fourth sentence, and substituted “The administrator of elections” for “The administrator” at the beginning of the penultimate sentence.

The 2016 amendment, in (a), substituted “on or before the next” for “no later than five (5) days before the next” preceding “regularly scheduled November general election” in the third sentence; added the present fourth sentence; substituted “on or before the next” for “prior to the five (5) days before the next” preceding “regularly scheduled November general election” in the present fifth sentence, and at the end of the same sentence substituted “void” for “rejected”; and deleted the former fifth sentence, which read: “The administrator of elections shall register the person to vote if the person is otherwise eligible to register.”

Effective Dates. Acts 2014, ch. 724, § 12. April 16, 2014.

Acts 2016, ch. 827, § 7. April 21, 2016.

Law Reviews.

Tennessee Annexation Law: History, Analysis, and Proposed Amendments (Frederic S. Le Clercq), 55 Tenn. L. Rev. 577 (1989).

Attorney General Opinions. Where the thirtieth day before an election falls on a Saturday, Sunday or legal holiday, the deadline for registering to vote is the immediately preceding day that is not a Saturday, Sunday or legal holiday, OAG 06-171 (11/22/06).

2-2-110. Registration of those unable to appear at commission office.

The commission may provide for the registration of persons who cannot appear in person due to illness or other good cause by sending the administrator of elections to their homes or other place where they are within the county to register such persons.

Acts 1972, ch. 740, § 1; T.C.A., § 2-210.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-2-111. Supplemental registrations generally.

1. The commission in any county may hold such supplemental registrations as it deems necessary before any election in locations other than the commission office.
2. In addition to any supplemental voter registration otherwise required by this chapter, the county election commission, or its designee, in each county shall conduct at least one (1) supplemental voter registration each year at every public and private high school in the county, for the purpose of registration of those persons who will be eligible to vote in the next election. The publication requirements of § 2-2-114 shall not apply to the registration required by this subsection (b).
3. As used in this section, “designees” does not include representatives of a nationally recognized political party or representatives of an organization which actively seeks to influence the outcome of an election.
4. In addition to any supplemental voter registration otherwise required by this chapter, the county election commission, or its designee, shall conduct a supplemental voter registration when a planned and scheduled group naturalization ceremony is held within the county. The county election commission shall attend the supplemental voter registration in person or shall send one (1) or more assistant registrars or other designees in their stead to register such new citizens. The publication requirements of § 2-2-114 shall not apply to the registration required by this subsection (d).

Acts 1972, ch. 740, § 1; T.C.A., § 2-211; Acts 1980, ch. 715, §§ 1-4; ch. 772, § 1; 1982, ch. 588, § 1; ch. 719, §§ 1, 2; 1983, ch. 335, § 1; T.C.A. § 2-2-112(b); Acts 1991, ch. 103, §§ 1, 3; 2004, ch. 472, § 1; 2013, ch. 231, § 2; 2018, ch. 842, § 1.

Amendments. The 2018 amendment added the last sentence in (d).

Effective Dates. Acts 2018, ch. 842, § 6. April 26, 2018.

2-2-112. Online voter registration system.

1. Beginning as soon as practicable but no later than September 1, 2017, an applicant may submit an online voter registration application using the procedures set forth in this section.
2. The coordinator of elections shall establish a web site which permits an applicant to:
   1. Submit a voter registration application, including first-time voter registration applications and updates to current voter registration records;
   2. Submit information necessary to establish an applicant's eligibility to vote, pursuant to § 2-2-104, which includes the information required for the uniform statewide voter registration application pursuant to § 2-2-116; and
   3. Swear or affirm to the oath required pursuant to § 2-2-116.
3. The online voter registration system shall use a unique identifier for each applicant to prevent unauthorized persons from altering a voter's registration information. Any unique identifier, including driver license and social security numbers, shall be confidential and not subject to the open records law, compiled in title 10, chapter 7.
4. 1. The online voter registration system shall compare identifying information submitted by the applicant, such as name, date of birth, Tennessee driver license number, or Tennessee identification number, with information maintained by the department of safety to confirm that the applicant has a matching record with the department of safety.
   2. If the online voter registration system identifies a matching record for the applicant with the department of safety, then the applicant may complete the online voter registration form as prescribed by the coordinator of elections and electronically submit the form.
   3. Notwithstanding any law to the contrary, the department of safety and the coordinator of elections are authorized to retrieve the data applicable to the applicant's matching record and transmit such data to the automated electoral system (AES) maintained by the coordinator of elections pursuant to § 2-2-301, along with the digital signature of the applicant on file with the department of safety. The applicant's digital signature on file with the department of safety satisfies the signature requirement of § 2-2-116 for purposes of registering to vote or updating an existing voter registration record.
   4. If the applicant's name and date of birth or other identifying information provided by the applicant cannot be verified by comparing the records of the department of safety, or if the applicant indicates that the applicant has not been issued a Tennessee driver license or Tennessee identification card, the online voter registration system may direct the applicant to complete, print, sign, and date the application and mail the application to the county election commission office in the applicant's county of residence to be processed.
   5. Except as otherwise provided in this section, the administrator of elections shall process the application pursuant to § 2-2-120.
5. The coordinator of elections may promulgate policies or rules to effectuate the provisions of this section, including, but not limited to, entering into agreements with the commissioner of safety.

Acts 2016, ch. 936, § 1; 2017, ch. 245, § 3.

Code Commission Notes.

Acts 2016, ch. 936 § 1 enacted a new section, 2-2-142, but the section has been redesignated as section 2-2-112 by authority of the Code Commission.

Compiler's Notes. Former § 2-2-112 (Acts 1972, ch. 740, § 1; T.C.A., § 2-212; Acts 1980, ch. 715, §§ 1-4; ch. 772, § 1; 1982, ch. 588, § 1; 1982, ch. 719, §§ 1, 2; 1983, ch. 335, § 1; 1991, ch. 103, §§ 2, 3), concerning supplemental registrations in particular counties, was repealed by Acts 1997, ch. 558, § 13.

Amendments. The 2017 amendment substituted “Beginning as soon as practicable but no later than September 1, 2017” for “Beginning July 1, 2017” at the beginning of (a).

Effective Dates. Acts 2016, ch. 936, § 2. July 1, 2016.

Acts 2017, ch. 245, § 6.  May 2, 2017.

Law Reviews.

New Kind of Voter Suppression in Modern Elections, 49 U. Mem. L. Rev. 1019 (Summer 2019).

2-2-113. [Repealed.]

Compiler's Notes. Former § 2-2-113 (Acts 1972, ch. 740, § 1; T.C.A., § 2-213), concerning precinct registration by precinct registrars, was repealed by Acts 1994, ch. 919, § 5.

2-2-114. Newspaper notice of commission office location — Notices of precinct or supplemental registrations.

1. Not less than forty-five (45) days before any election, the commission shall publish, in a newspaper of general circulation in the county, a notice of the exact location and telephone number of its office or offices and the hours and days it is open.
2. Whenever a county has a supplemental registration, the commission shall publish in a newspaper of general circulation in the county, a notice of the exact location and the time for such supplemental registration. The commission shall publish the notice not less than three (3) days before the beginning of each supplemental registration. The commission shall include in the notice a statement that a transfer of registration may also be done at the supplemental registration.

Acts 1972, ch. 740, § 1; 1978, ch. 941, § 1; T.C.A., § 2-214; Acts 1994, ch. 919, § 6.

Cross-References. Newspaper of general circulation defined, § 2-1-104..

2-2-115. Registration by mail — Forms.

1. Qualified voters may register by mail by use of postal card forms in such a manner as provided for in this section.
2. 1. The coordinator of elections shall prepare voter registration forms in accordance with the provisions of this section and shall provide for the printing of an ample quantity of such registration forms to be distributed under the provisions of this section.
   2. Printed registration forms shall be designed to provide a simple method of registering by mail to vote. Registration forms shall include such matter as the coordinator of elections requires to ascertain the qualifications of an individual applying to register under this section and to prevent fraudulent registration.
   3. Registration notification forms advising the applicant of the acceptance or rejection of the applicant's registration shall be completed and mailed by the county election commission to the applicant. If any registration notification form is undeliverable, it shall not be forwarded to another address but shall be returned to the county election commission mailing the form. If any registration notification form is returned as undeliverable and indicates an acceptance of a voter's registration, the administrator of elections shall mail a forwardable confirmation notice to the registrant at the address of registration with a postage prepaid, pre-addressed return form on which the voter may verify or correct the address information. Upon the mailing of the confirmation notice, the administrator of elections shall place the registration in inactive status pursuant to § 2-2-106(d).
   4. The coordinator of elections or any county election commission is authorized to enter into agreements with the postal service and with departments and agencies of the federal government or appropriate state or local agencies, for the distribution of the registration forms, or to arrange for the distribution of such forms so as to effectuate the purpose of this section.
   5. Whenever a state or county official has reason to believe that individuals who are not qualified voters are attempting to register to vote under this chapter, such official shall notify the coordinator of elections and request the assistance of the coordinator of elections to prevent the fraudulent registration. The coordinator of elections shall give such reasonable and expeditious assistance as the coordinator deems appropriate in such cases.
   6. If a state or county official determines that there is a pattern of fraudulent registration, or any activities on the part of any individuals to vote who are not qualified voters, the coordinator of elections shall request the district attorney general within whose district these actions may occur, to bring action under this section. The district attorney general shall bring civil action in any appropriate court in Tennessee to secure an order to prevent fraudulent registration.
   7. 1. Each person who registers by mail shall appear in person to vote in the first election the person votes in after such registration becomes effective. Before voting at the appropriate polling place or election commission office, such person shall present satisfactory proof of identity.
      2. The requirement to appear in person to vote in the first election shall not apply to:
         1. A person who is on the permanent absentee voting register; or
         2. A person who is in the address confidentiality program under title 40, chapter 38, part 6.

Acts 1972, ch. 740, § 1; 1975, ch. 308, § 1; 1977, ch. 218, §§ 1, 2; 1978, ch. 508, § 1; 1978, ch. 941, § 2; 1979, ch. 302, §§ 1, 2; 1979, ch. 306, §§ 11, 21; T.C.A., § 2-215; Acts 1980, ch. 580, § 1; 1980, ch. 638, § 7; 1981, ch. 478, § 6; 1983, ch. 157, §§ 1, 2; 1983, ch. 413, § 1; 1989, ch. 274, § 1; 1991, ch. 34, § 1; 1993, ch. 379, § 1; 1994, ch. 859, § 12; 1994, ch. 919, §§ 7-12, 33; 2000, ch. 756, § 2; 2011, ch. 412, § 1; 2018, ch. 1004, § 2.

Compiler's Notes.  Acts 2018, ch. 1004, § 4 provided that the secretary of state is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the provisions of this act.

Amendments. The 2018 amendment, effective March 1, 2019, added (b)(7)(B); in present (b)(7)(A), substituted “. Before” for “; before” following “effective” and deleted the former last sentence which read: “This subdivision (b)(7) does not apply to a person who is on the permanent absentee voting register.”

Effective Dates. Acts 2018, ch. 1004, § 5. March 1, 2019; provided, that for the purpose of promulgating rules, the act took effect on May 21, 2018.

Cross-References. Early voting, title 2, ch. 6, part 1.

Law Reviews.

Selected Tennessee Legislation of 1983 (N.L. Resener, J.A. Whitson, K.J. Miller), 50 Tenn. L. Rev. 785 (1983).

2-2-116. Registration form.

The permanent registration record shall be substantially as follows, shall contain all the information required before being signed by the registrant, and shall be witnessed as indicated on the form.

PERMANENT REGISTRATION RECORD

1.

Last Name    First Name     Middle Name      Sex

2.  Legal Residence

Number     Street or Road       Apt.

3.  City  County

4.  Mailing Address if different from Legal Residence.

5.  Social Security number, if any

6.  Date and place of birth

7.  Are you a citizen of the United States?

8.  Where were you last registered to vote?  City  County  State

9.  Are you a resident of the State of Tennessee?

10.  Have you ever been convicted of a crime which is a felony in this state, by a court in this state, a court in another state, or a federal court?

11.   If the answer to question ten (10) is “yes,” list the crime, or crimes, for which you were convicted, and date, or dates, of conviction.

12.  If the answer to question ten (10) is “yes,” have you received a pardon or had your full rights of citizenship restored by a court for all crimes listed?

State of Tennessee

ss

County of

I, being duly sworn on oath (or affirmation) declare that the above address is my legal residence and that I plan to remain at such residence for an undetermined period of time and say that to the best of my knowledge and belief all of the foregoing statements made by me are true.

Signature of Applicant

If the registrant signs by a mark, or cannot sign at all, fill in the following information:

Sworn to and subscribed to before me

this  day of  , 20  ,

Signature of Administrator of Elections or

other person taking affidavit

Official Position

Registered as voter in District  Ward

Precinct  effective  .

Acts 1972, ch. 740, § 1; 1978, ch. 941, § 3; T.C.A., § 2-216; Acts 1981, ch. 337, § 1; 1981, ch. 345, § 5; 1989, ch. 274, § 2; 1994, ch. 919, §§ 13-15; 2001, ch. 413, § 12; 2002, ch. 698, § 4; 2008, ch. 928, § 2.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Cross-References. Acts purging registration, § 2-2-106.

Duties of election coordinator, § 2-11-202.

Judgment of infamy, § 40-20-112.

Notice of infamy, § 40-20-113.

Qualified voters, § 2-2-102.

Restoration of suffrage, §§ 2-2-139, 40-29-101.

Suffrage for persons convicted of infamous crimes, § 2-19-143.

2-2-117. Voting record form.

1. On the back of each registration form (or on a separate form if an alternate electronic registration system is used), there shall be printed a ten-year voting record form substantially as follows:

   VOTING RECORDName of Voter

   YEAR  PARTY General    Primary    Other

   Election    Election    Elections

   Ballot No. or  Ballot No. or  Ballot No. or

   Ballot     Ballot     Ballot

   Application   Application   Application

   Number    Number    Number

   1971

   1972

   Continued for

   remainder of

   ten (10) years

2. The year dates printed in the first column shall be changed with each year's printing of the form.

Acts 1972, ch. 740, § 1; T.C.A., § 2-217; Acts 1984, ch. 935, §§ 1, 6; 1989, ch. 590, § 1; 1994, ch. 919, § 16.

2-2-118. Filling out of permanent registration record — Change of registration or name.

1. If a person registers to vote in the election commission office, the commission employee who assists the person in registering shall fill out the permanent registration record except for the person's signature or mark.
2. When any person changes one's registration from postcard to in-person, the record from the old form may be transferred onto the new form, and the new form may indicate the date of transfer upon request of the registrant.
3. Except as provided in subsection (d):
   1. When a person changes one's name for any reason on the registration form, the record from the old form may be transferred onto the new form, and the new form may indicate the date of transfer upon request of the registrant; and
   2. If a person changes one's name because of a change in marital status, the person may use either the old name or the new name. If the person wishes to have one's new name reflected on the registration form, the person shall so request the administrator of elections or a designated employee.
4. In any county having 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, when a person changes one's name on one's registration form, the record from the old form may be transferred onto the new form, and the new form may indicate the date of transfer upon request of the registrant.

Acts 1972, ch. 740, § 1; 1975, ch. 308, § 6; T.C.A., § 2-218; Acts 1981, ch. 460, § 1; 1990, ch. 628, § 1; 1993, ch. 518, §§ 20, 21; 1994, ch. 919, § 17.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-2-119. Disabled registrant — Inability to write signature or make mark.

If a registrant's disability prevents the registrant from writing a signature or making a mark, the person who assists the registrant shall write the name for the registrant. Such person shall indicate this action by signing such person's name immediately after the space for the registrant's signature or mark.

Acts 1972, ch. 740, § 1; T.C.A., § 2-219; Acts 1994, ch. 919, § 18.

2-2-120. Determination of registrant's right to register — Declaration as a registered voter.

1. The administrator of elections shall determine, from the registrant's answers to the questions on the permanent registration record and other questions, if necessary, whether the registrant is entitled to register. If the administrator determines that the registrant is entitled to register, the administrator shall declare the registrant a registered voter.
2. Notwithstanding any law to the contrary, no voter shall be purged due to a deficient registration form once the administrator has declared the person a registered voter under subsection (a) unless the administrator later determines the voter knowingly made or consented to false information being placed on the registration form or failed to provide a valid signature.
3. 1. At least quarterly, during a county election commission meeting, a county election commission member of the majority and the minority party shall inspect random voter registration forms accepted by the county election commission since the previous inspection. If a deficiency is found, the deficiency shall be recorded and a written report shall be prepared including the name of the administrator at the time the voter registration form was filed, the nature of the deficiency, and whether the individual has voted since the deficient form was filed and accepted. Such report shall be filed with the state coordinator of elections. If no deficiencies are identified, the coordinator of elections shall be notified in writing of the finding. The commission members who inspect the voter registration forms shall sign and date the report.
   2. If a significant number of deficient voter registration forms are discovered, then the administrator of elections may be subject to discipline by the state election commission or be terminated by the county election commission.
   3. The coordinator of elections is authorized to develop a policy to implement this subsection (c).
   4. The coordinator of elections shall audit at least ten (10) county election commissions annually to ensure that all required information fields on the permanent registration forms are being completed with minimal errors and that voters with deficient registrations are being given the opportunity to correct incorrect or omitted information.

Acts 1972, ch. 740, § 1; T.C.A., § 2-220; Acts 2010, ch. 906, § 1; 2011, ch. 181, §§ 1, 2.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

For the Preamble to the act concerning deficient voter registration forms, please refer to Acts 2010, ch. 906.

2-2-121. [Repealed.]

Compiler's Notes. Former § 2-2-121 (Acts 1972, ch. 740, § 1; T.C.A., § 2-221), concerning determination of residence and cancellation of registration, was repealed by Acts 1981, ch. 337, § 2. For factors in determining residence, see § 2-2-122; for cancellation of registration, see § 2-2-123; for rejection of registration, see § 2-2-125.

2-2-122. Principles for determination of residence — Factors involved.

1. The determination of whether a person is a resident or where the person resides or has residence for purposes of the election code shall be made in the light of the following principles:
   1. The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is absent, the person has a definite intention to return; provided, that a person may not register to vote using a business location as the registration address when the sole basis for the person's presence at such location is based on a business or commercial use;
   2. A change of residence is generally made only by the act of removal joined with the intent to remain in another place. There can be only one (1) residence;
   3. A person does not become a resident of a place solely by intending to make it the person's residence. There must be appropriate action consistent with the intention;
   4. A person does not lose residence if, with the definite intention of returning, the person leaves home and goes to another country, state or place within this state for temporary purposes, even if of one or more years duration;
   5. The place where a married person's spouse and family have their habitation is presumed to be the person's place of residence, but a married person who takes up or continues abode with the intention of remaining at a place other than where the person's family resides is a resident where the person abides;
   6. A person may be a resident of a place regardless of the nature of the person's habitation, whether house or apartment, mobile home or public institution, owned or rented; however, a commercial address may not be used for residential purposes, unless the applicant provides evidence of such applicant's residential use of such address;
   7. A person does not gain or lose residence solely by reason of the person's presence or absence while employed in the service of the United States or of this state, or while a student at an institution of learning, or while kept in an institution at public expense, or while confined in a public prison or while living on a military reservation; and
   8. No member of the armed forces of the United States, or such member's spouse or dependent, is a resident of this state solely by reason of being stationed in this state.
2. 1. The following factors, among other relevant matters, may be considered in the determination of where a person is a resident:
      1. The person's possession, acquisition or surrender of inhabitable property;
      2. Location of the person's occupation;
      3. Place of licensing or registration of the person's personal property;
      4. Place of payment of taxes which are governed by residence;
      5. Purpose of the person's presence in a particular place; and
      6. Place of the person's licensing for activities such as driving.
   2. In determining the residency of a person involuntarily confined in a state institution, the mere anticipation of a future grant of living quarters in a specific half-way house shall not be sufficient to establish intent to reside in such half-way house following release from the institution.
3. 1. Notwithstanding any other provision in this chapter to the contrary, whenever county boundary lines cross through a farm being operated as a single unit, leaving such farm in two (2) separate counties, persons residing on such farms may make a one-time election to register to vote in either county. The administrator of elections shall place a person who chooses to register in the county which adjoins the physical location of the person's residence in the precinct where the property in the adjoining county is located.
   2. For the purpose of this subsection (c), “farm” means a tract of land of at least fifteen (15) acres constituting a farm unit engaged in the production of growing crops, plants, animals, nursery or floral products. Such farm shall produce gross agricultural income averaging at least one thousand five hundred dollars ($1,500) per year over a three-year period.
4. 1. Notwithstanding any other provision in this chapter to the contrary, a person shall be eligible to register to vote in the county where the person pays property taxes on the person's primary residence even though the property is partially or totally located in another county, but the only access to the property is through the county where the person pays property taxes. Any person residing at such property shall make a one-time election to register to vote in either the county where the property taxes are paid or the county where the property is located.
   2. The county election commission may require the person to provide written documentation that the person pays property tax in the county if a person chooses to register in the county where the property taxes are paid.

Acts 1972, ch. 740, § 1; 1973, ch. 327, § 3; T.C.A., § 2-222; Acts 1989, ch. 590, § 11; 1994, ch. 859, § 13; 1994, ch. 919, § 19; 2005, ch. 163, §§ 1, 2; 2008, ch. 939, § 1.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Law Reviews.

The Origins and Constitutionality of State Unit Voting in the Electoral College, 54 Vand. L. Rev. 2099 (2001).

2-2-123. Cancellation of previous registration.

If a registrant was previously registered in any other place, the registrant's application to register shall serve as a cancellation of registration for the last place of registration. Upon registration of the voter, the administrator of elections shall mail a copy of the new registration to the county election commission where the voter was last registered or otherwise notify such county election commission of the new registration.

Acts 1972, ch. 740, § 1; T.C.A., § 2-223; Acts 1994, ch. 919, § 20.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Cross-References. Notice of cancellation attached to records, § 2-2-134.

2-2-124. Registration card.

1. After determining that the registrant is entitled to register, the administrator of elections shall give or mail to each voter who is registered permanently a registration card which shall certify that the voter is registered. The voter shall sign the card in the presence of the administrator except for mail registrants or transferors.
2. The card shall be in substantially the following form on material on which any alteration of the card or of the voter's signature will be readily apparent:

   REGISTRATION CARDThis is to certify that Mr.           Mrs.           Missof  voting precinct  ward  City  County Tennessee, was duly registered on the  day of  , 20  . Residence  and is entitled to vote on and after  .    Administrator of Elections        Voter's Signature

3. On the reverse side of the card shall be printed the reasons for which the registration will be purged and how registration may be transferred to prevent purging.
4. Registered voters determined by the administrator of elections to be blind so as to qualify for assistance in voting as provided by § 2-7-116(b) shall be provided a permanent registration card, on the reverse side of which shall be printed the provisions for assistance available to such voters under § 2-7-116(b).
5. Under no circumstances shall a social security number be printed on a voter registration card or used as an identifying number on a voter registration card.

Acts 1972, ch. 740, § 1; 1977, ch. 5, § 1; T.C.A., § 2-224; Acts 2001, ch. 413, § 3; 2008, ch. 635, § 1.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Acts 2008, ch. 635, § 2 provided that the act, which added (e), shall apply only to voter registration cards issued or reissued on or after March 18, 2008.

2-2-125. Rejected registration — Right to appeal — Reports of violations.

1. If the administrator of elections determines that the registrant is not entitled to be registered, the administrator shall tell the registrant the reason, write the reason on the back of the original permanent registration record, and file the original and the duplicate alphabetically in a binder of rejected registrations.
2. The administrator shall tell the registrant that the registrant has a right to appeal the decision to the commission within ten (10) days and offer the registrant an appeal form.
3. The action of the commission on the registrant's application for registration on appeal shall be a final administrative action.
4. If the commission determines, after notice and hearing for the appellant, that the appellant was not entitled to register, the commission shall give the appellant a written statement of its reasons for so holding.
5. If the commission believes that the appellant has violated the law in registering, it shall report the matter to the grand jury and the district attorney general.

Acts 1972, ch. 740, § 1; T.C.A., § 2-225.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-2-126. Keeping of original and duplicate registration records.

1. Once the person is registered, the administrator of elections shall file the original permanent registration record alphabetically in the master file of all the registered voters in the county.
2. The coordinator of elections shall devise a method to be followed for the filing and preservation of postal card registrations and computerized duplicate registration records in any county utilizing a computerized voter registration system.

Acts 1972, ch. 740, § 1; 1975, ch. 308, § 7; T.C.A., § 2-226; Acts 1984, ch. 935, §§ 2, 6; 1989, ch. 590, § 2; 2008, ch. 928, § 3.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 6.

2-2-127. Permanent registration records open to inspection — Social security number redaction and use.

1. Permanent registration records as public records shall be kept in a safe place by the commission, shall be available for public inspection, and may not be removed from the office of the commission except as required for the performance of duties under this title or in compliance with court orders; provided, that a registrar shall make a reasonable effort to redact a person's social security number from a record before such record is made available to any person other than the holder of the number if such record is stored in a computer readable format on April 12, 1999. When such records are first stored in computer readable format or when changes are made to any computer program that stores or accesses records, a registrar shall redact a person's social security number from a record before such record is made available to any person other than the holder of the number. The coordinator of elections shall also redact the social security number before making any voter registration records available to the public.
2. Nothing in subsection (a) shall be construed to prohibit an agency of a state, county, or municipal office from using a person's social security number for internal purposes or to prohibit a county election commission and its staff from using a person's social security number for enforcement of the election law as provided in this title, and nothing in subsection (a) shall be construed to limit the public's access to that record.

Acts 1972, ch. 740, § 1; T.C.A., § 2-227; Acts 1999, ch. 88, §§ 1, 2.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 6.

2-2-128. Forms — Retention in commission's office.

Permanent registration record forms and registration card forms may not be removed from the commission office except for the performance of duties under this title.

Acts 1972, ch. 740, § 1; T.C.A., § 2-228.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 6.

2-2-129. Transfer of registration — Procedure.

1. A voter may transfer registration when such voter moves outside the precinct in which such voter is registered as follows:
   1. 1. If a voter has moved within the same county, the voter may transfer the registration either in person, by mail, facsimile transmission or by e-mail with an attached document that includes a scanned signature. The voter may request a form which reads substantially as follows:

         I,  (Print name) , request that you change my address on permanent registration records, shown on the enclosed registration card as  (Old Address)  to  (New Address) (Signature) Date  .

         Click to view form.

      2. If a voter does not use the form, the voter shall include in the request for transfer all of the information required by this subdivision (a)(1);
   2. If the voter moves outside the county, the voter may transfer by registering in the county of the voter's new residence; and
   3. To provide an additional means of initiating and effecting transfers of voter registration within the county of current registration, the commission shall provide the officer of elections at each polling place and the officials at each early voting site with the proper affidavits. Voters who have moved within the county of registration may vote under the provisions described in § 2-7-140 and simultaneously transfer their registration. The written affidavit completed by the voter shall serve as a transfer of registration form for the voter. The election commission shall also make available transfer of address forms for voters who may anticipate a move in the future.
2. A county election commission may transfer registration when a voter moves outside the precinct in which such voter is registered as follows:
   1. If the county election commission uses change of address information supplied by the postal service to identify registered voters whose addresses may have changed; and
   2. If it appears from information provided by the postal service that:
      1. A registered voter has moved to a different address of residence within the same county, the administrator may change the registration records to show the new address and send the registered voter a forwardable audit notice of the change using the new address and a postage prepaid pre-addressed return form by which the voter may verify or correct the address information; or
      2. A registered voter has moved to an address of residence in a different county or moved without filing a change of address with the postal service, the administrator of elections may mail a forwardable confirmation notice to the registered voter pursuant to the procedures provided in § 2-2-106(c) and (d).
3. If the voter returns the form or otherwise notifies the election commission in writing and indicates the address information provided by the postal service is incorrect, the voter's registration shall be updated to reflect the correct address of residence.

Acts 1972, ch. 740, § 1; 1977, ch. 365, § 2; T.C.A., § 2-229; Acts 1994, ch. 919, §§ 21-25; 1997, ch. 550, § 4; 1999, ch. 499, § 1; 2009, ch. 218, § 1; 2012, ch. 1101, § 1.

Cross-References. Procedures for certain active voters, § 2-7-141.

2-2-130. Transfer of registration — New registration card.

The administrator of elections, after transferring a registration, shall immediately give or mail to the voter a new registration card unless the transfer is accomplished through § 2-7-140. If the registration is transferred as a result of § 2-7-140, the administrator shall not provide the voter with a new registration card until after the completion of the election.

Acts 1972, ch. 740, § 1; T.C.A., § 2-230; Acts 1997, ch. 550, § 5.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-2-131. Replacement registration cards — Correction of errors in registration records.

1. If a voter states in writing that the voter has lost the registration card, the commission shall replace the registration card. A card issued to replace another shall be marked “Replacement Registration Card.” The permanent registration records shall show that the replacement was issued.
2. The commission may correct any errors in registration records which are apparent on the face of the records or which are called to its attention by the voter whose record is incorrect.

Acts 1972, ch. 740, § 1; T.C.A., § 2-231; Acts 1994, ch. 919, § 26.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 6.

2-2-132. Purging of permanent registration records.

The commission shall, not less than ninety (90) days before the regular August election, purge the permanent registration records of those persons whose registrations are required to be purged by § 2-2-106.

Acts 1972, ch. 740, § 1; T.C.A., § 2-232; Acts 1983, ch. 450, § 2; 1984, ch. 878, § 1; 1990, ch. 628, § 2; 2003, ch. 307, § 5.

2-2-133. Report to coordinator of elections of deaths in state — Notification of county commissions — Information from social security administration death master file — Cancellation of registrations — Purge of records.

1. 1. The state office of vital records of the department of health shall furnish the coordinator of elections a monthly, or more frequent, report, as required for compliance with the provisions of this section, of all persons eighteen (18) years of age or over who have died in the state. The report shall list the deaths by county with the names in alphabetical order. The report shall contain each decedent's full name, last address, date and place of birth, and social security number.
   2. The coordinator of elections shall, after receipt of the report, notify each county election commission of all persons of voting age who died with an address in their county.
2. The coordinator of elections shall annually obtain information regarding Tennessee residents eighteen (18) years of age or over identified as deceased by the federal social security administration death master file. The coordinator of elections shall, after obtaining the information, notify each county election commission of all persons of voting age who are listed as deceased with an address in their county.
3. The county election commission shall cancel the registration of each deceased person listed under the reports in subsection (a) or (b), in accordance with the provisions of this chapter.
4. In accordance with § 2-2-106(a)(3), each county election commission shall purge voting registration records of all deceased registered voters appearing on the report transmitted by the coordinator of elections at least every thirty (30) calendar days, and, beginning with the first day of any period of early voting, daily through the day of the election as such information is transmitted from the coordinator of elections.

Acts 1972, ch. 740, § 1; impl. am. Acts 1977, ch. 128, § 3; T.C.A., § 2-233; Acts 2006, ch. 578, §§ 1, 2; 2006, ch. 965, § 4.

Amendments. The 2006 amendment by ch. 578 substituted “monthly, or more frequent, report, as required for compliance with the provisions of this section” for “monthly report” in (a)(1); and added (d).

The 2006 amendment by ch. 965 redesignated former (a) as (a)(1); redesignated former (b) as (a)(2); and added present (b) and (c).

Effective Dates. Acts 2006, ch. 578, § 3. May 4, 2006.

Acts 2006, ch. 965, § 5. June 27, 2006.

Cross-References. Vital records, title 68, ch. 3.

2-2-134. Notice of cancellation attached to registration records — Cancelled registrations — Rejected ballots.

1. When an administrator of elections receives the notice provided by § 2-2-123, the administrator shall immediately attach the notice to the permanent registration records of the voter.
2. When a voter requests cancellation of registration, or the voter's registration is purged, the administrator shall cancel the registration by writing on the face of the permanent registration record of the voter

   “Registration terminated this  because

   The cancellation shall be signed by the administrator.

3. The permanent registration records of the voter shall be placed in an alphabetically arranged file of purged registrations which shall be a public record. The file of purged registrations shall be retained by the county election commission for two (2) years from the date of the purge, after which time it may be destroyed by the county election commission.
4. Upon purging a registration record, the administrator shall determine whether the voter has an outstanding or uncounted absentee ballot. If the voter has an outstanding ballot, it shall be marked “Rejected” on receipt. If the voter has an uncounted ballot already submitted, the administrator shall provide the commission with the voter's name and ballot number, and the voter's ballot shall be rejected and so marked on election day.

Acts 1972, ch. 740, § 1; 1979, ch. 306, § 7; T.C.A., § 2-234; Acts 1980, ch. 609, § 4.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-2-135. [Repealed.]

Compiler's Notes. Former § 2-2-135 (Acts 1972, ch. 740, § 1; T.C.A., § 2-235), concerning precinct registrars acting jointly, was repealed by Acts 1994, ch. 919, § 27.

2-2-136. Forms and supplies.

1. The coordinator of elections, at the expense of the state, shall provide the county election commissions with all forms necessary to carry out this chapter. The commissions shall be the custodians of the forms.
2. A county election commission may use a form generated by the county with the approval of the state coordinator of elections.

Acts 1972, ch. 740, § 1; 1975, ch. 183, § 1; T.C.A., § 2-236; Acts 1994, ch. 919, § 28.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

2-2-137. Alternative electronic or microfilm registration system.

1. Notwithstanding the provisions of this chapter to the contrary, a county election commission may adopt a supplemental system for maintaining registration records utilizing electronic, electromechanical or microfilm equipment. If the election commission exercises its option to scan or microfilm the original permanent record, the filmed or scanned record shall be the legal document of registration. If the election commission microfilms or scans the registration document, the original hard copy shall be retained, but may be retained at any location designated by the election commission.
2. Beginning January 1, 2015, the coordinator of elections and the state election commission shall certify each voter registration system for purchase and use in the state. Subject to the concurrence of the state election commission, the coordinator of elections may make rules and policies as are necessary to carry out this subsection (b). In determining whether a voter registration system may be certified, the coordinator of elections and the state election commission shall consider, at a minimum, the following:
   1. The compatibility of the voter registration system with any statewide system being operated by the secretary of state's office;
   2. The history of ethical conduct in the sales of the voter registration system by the manufacturer or seller;
   3. The ability of the manufacturer or seller of the voter registration system to provide adequate professional assistance and service to the counties of the state; and
   4. The cyber security practices in place to protect the integrity of the voter registration process.

Acts 1972, ch. 740, § 1; 1976, ch. 464, § 1; 1977, ch. 231, § 1; 1977, ch. 410, § 1; T.C.A., § 2-237; Acts 1984, ch. 935, §§ 3, 6; 1994, ch. 919, §§ 29-31; 1997, ch. 558, § 30; 2008, ch. 928, §§ 4, 5; 2014, ch. 880, § 1; 2020, ch. 654, § 4.

Amendments. The 2014 amendment rewrote former (c), redesignated as present (b), which read: “The coordinator of elections in consultation with the state election commission shall determine whether a supplemental system meets the requirements of this section and whether such system is compatible with any statewide system being operated by the secretary of state's office. The coordinator of elections shall establish minimum requirements for certification that allow the county election commissions to perform the duties required by this title.”

The 2020 amendment added (b)(4).

Effective Dates. Acts 2014, ch. 880, § 3. May 1, 2014.

Acts 2020, ch. 654, § 6. April 2, 2020.

2-2-138. Voter registration lists — Purchase by citizens.

1. In counties of this state having a population in excess of one hundred eighty thousand (180,000) according to the United States census of 1970 or any subsequent United States census, or in any computerized county, it is the duty of the county election commission to prepare or cause to be prepared each month a listing, by voting precinct, of all persons registered to vote in each precinct during the preceding month. However, in the discretion of the commissioners of the county election commission, such listing may be prepared on a bimonthly basis.
2. 1. Such list, and any other voter registration information such as voter history, if compiled, shall be available for purchase for a price not to exceed the cost of production. This list shall be available to any person who certifies on a form provided by the state election commission that such list will be used for political purposes. The state election commission shall establish a uniform cost for this information. Any county election commission whose cost of production exceeds this rate may petition the state election commission and be granted an increase upon establishing its actual cost to the satisfaction of the state election commission. If the information is provided on computer generated media such as disk, diskette, tape, telecommunications or any other form of magnetic media, then the information shall be provided in non-proprietary and non-encrypted form. Minimum data standards shall be EBCDIC (Extended Binary Coded Decimal Interchange Code), ASCII (American Standard Code Information Interchange) or BCD (Binary Coded Decimal).
   2. The list, and any other voter registration information, shall be the property of the county election commission and the state. Any vendor of the county election commission having access to the voter registration data shall only use such data to service the county election commission and shall be prohibited from using such data other than for purposes of assisting the county election commission and the coordinator of elections. Non-authorized use by the vendor of the data shall constitute a Class B misdemeanor and grounds for decertification by the state election commission.
3. The county election commission in counties with a population over two hundred fifty thousand (250,000) according to the 1980 census shall make voter registration lists available for purchase by any interested citizen, upon request and payment of the cost, at a price not in excess of the cost to prepare and publish such lists. The county election commission in counties with a population over two hundred fifty thousand (250,000) according to the 1980 census shall act upon such request within seven (7) days of receipt of the request, and reasons for rejection or modification of such request, if any, shall be set out in writing.
4. 1. Any computerized county, as defined in § 2-1-104(a), shall make the list required by this section available on computer diskette to any person who certifies on a form provided by the state election commission that such list will be used for political purposes.
   2. A false certification made pursuant to the provisions of this subsection (d) is a Class B misdemeanor, punishable only by a fine of five hundred dollars ($500).
5. Any list of registered voters compiled by the coordinator of elections shall be sold at a price established by the secretary of state. Any money received by the secretary of state from the sale of such lists shall be deposited in the voting machine loan fund established in § 2-9-114. This list shall be available for purchase to any person who certifies on a form provided by the state election commission that such list will be used for political purposes only.

Acts 1972, ch. 675, § 1; T.C.A., § 2-238; Acts 1981, ch. 478, § 7; 1993, ch. 379, § 2; 1994, ch. 919, § 32; 1995, ch. 196, § 1; 2000, ch. 756, § 3; 2002, ch. 694, § 1; 2008, ch. 928, § 6; 2014, ch. 880, § 2.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2014 amendment added (b)(2).

Effective Dates. Acts 2014, ch. 880, § 3. May 1, 2014.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

Attorney General Opinions. Constitutionality, OAG 94-038 (3/21/94).

2-2-139. Restoration of suffrage to persons convicted of infamous crimes.

1. Any person who has forfeited the right of suffrage because of conviction of an infamous crime may register to vote and vote at any election for which the person is eligible by submitting sufficient proof to the administrator of elections in the county in which the person is seeking to register to vote, that:
   1. The person has been pardoned of all infamous crimes and the person's full rights of citizenship, including the right of suffrage, have been restored;
   2. The person's full rights of citizenship have been restored as prescribed by law; or
   3. An appellate court of competent jurisdiction has entered a final judgment reversing the person's conviction, or convictions, of all infamous crimes.
2. For purposes of this section, a pardon or a certified copy of a judgment of a court of competent jurisdiction shall be sufficient proof to the administrator that the person fulfills the above requirements as to the offense or offenses specified on the pardon or judgment; however, before allowing a person convicted of an infamous crime to become a registered voter, it shall be the duty of the administrator in each county to verify with the state coordinator of elections that the person is eligible to register under the provisions of this section.
3. The state election coordinator is empowered to formulate a uniform procedure for verifying the registration eligibility of any person convicted of an infamous crime. Upon receiving sufficient verification of such person's eligibility to register, the administrator shall allow such person to become a registered voter in the same manner and in accordance with the same laws, rules, or regulations as any other citizen of this state.
4. The provisions of this section, relative to the forfeiture and restoration of the right of suffrage for those persons convicted of infamous crimes, shall also apply to those persons convicted of crimes prior to May 18, 1981, which are infamous crimes after May 18, 1981.

Acts 1981, ch. 345, §§ 3, 8.

Compiler's Notes. Portions of this section concerning retroactive disenfranchisement of convicted felons whose crimes were not infamous when convicted but were infamous after May 18, 1981, have been held unconstitutional. See Notes to Decisions, 1. Constitutionality. Gaskin v. Collins, 661 S.W.2d 865 (Tenn. 1983).

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Cross-References. Acts purging registration, § 2-2-106.

Duties of election coordinator, § 2-11-202.

Judgment of infamy, § 40-20-112.

Notice of infamy, § 40-20-113.

Qualified voters, § 2-2-102.

Registration information, § 2-2-116.

Suffrage for persons convicted of infamous crimes, § 2-19-143.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Citizenship, § 2.

Law Reviews.

Revisiting Wesley v. Collins and Tennessee's Disenfranchisement Statute (Vanessa M. Cross), 36 U. Mem. L. Rev. 543 (2006).

Felon Disenfranchisement, 49 U. Mem. L. Rev. 1275 (Summer 2019).

2-2-140. Duplicate voter registrations.

1. 1. The state coordinator of elections is encouraged to make every reasonable effort to enter into agreements with other states for the purpose of comparing data to identify duplicate voter registrations. If agreements are entered into with other states, upon finding any duplicate voter registrations, the state coordinator of elections shall make every effort to determine in which state the voter is rightfully entitled to vote.
   2. The state coordinator of elections shall promulgate rules and regulations for any agreements entered into that make provisions for security, maintenance of the integrity of Tennessee's voter information and a method to determine, verify and resolve duplicate voter registrations between the states. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
2. The state coordinator of elections shall file a report with the state and local government committee of the senate and the state government committee of the house of representatives by January 15, 2009, and by January 15 in each year thereafter, regarding the status of any agreements entered into with other states, the progress or difficulties of reaching agreements with other states, and any other information the state coordinator of elections deems necessary to include in the report to keep the members of the general assembly apprised on this essential issue regarding the integrity of Tennessee's statewide voter registration database.

Acts 2008, ch. 895, § 1; 2013, ch. 236, § 65.

2-2-141. Proof of citizenship for registering to vote.

1. The coordinator of elections shall compare the statewide voter registration database with the department of safety database to ensure non-United States citizens are not registered to vote in this state. The coordinator of elections is authorized to compare the statewide voter registration database with relevant federal and state agencies and county records for the same purpose. If evidence exists that a particular registered voter is not a citizen of the United States, the coordinator of elections shall notify the county election commission where the person registered to vote that the registered voter may not be a citizen of the United States.
2. After receiving such notice, the county election commission shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. Any registered voter who receives the notice shall, within thirty (30) days of the receipt of such notice, provide proof of citizenship to the county election commission. For purposes of this subsection (b), proof of citizenship includes:
   1. The voter's birth certificate or a legible photocopy of the birth certificate;
   2. A United States passport, or a legible photocopy of the pertinent pages of the passport, identifying the voter and showing the passport number;
   3. The voter's United States naturalization documentation, a legible photocopy of the naturalization documentation, or the number of the voter's certificate of naturalization; except that any person who provides the number of the certificate of naturalization in lieu of the naturalization documentation shall not be deemed to have provided proof of citizenship until the coordinator of elections verifies the number with the United States citizenship and immigration services in the department of homeland security or its successor; or
   4. Any document or method of proof of citizenship established by the federal Immigration Reform and Control Act of 1986, P.L. 99-603, compiled in 8 U.S.C. §§ 1101 et seq.
3. If the registered voter does not provide proof of citizenship within thirty (30) days of the receipt of the notification, the administrator of elections of the county where the person registered to vote shall purge the voter from the voter registration database.
4. In the event a person is unable to provide any documentation included in subsection (b) to show proof of citizenship, the person may appeal to the state election commission and submit additional proof of citizenship in person or in writing. The state election commission shall conduct a hearing and make a finding concerning the individual's citizenship status and shall forward a copy of its decision to the administrator of elections of the county where the person resides. The voter registration database shall be changed by the administrator of elections to accurately reflect the decision of the state election commission with respect to such voter.
5. All documentation provided to show proof of citizenship as well as the department of safety database or relevant federal and state agency and county records shall be confidential and shall not be available for inspection by the public.

Acts 2011, ch. 235, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

2-2-142. Training for individuals or organizations who conduct voter registration drives — Submission of voter registration forms — Restrictions regarding applicant’s personal information — Penalties.

1. For the purposes of this section, the term “voter registration drive” means to collect voter registration applications from another person and submit the collected application to the county or state election commission for the purposes of registering that person to vote, but does not include state or county governmental entities operating in the course and scope of their official duties.
2. The coordinator of elections shall offer free voluntary training to individuals or organizations who conduct voter registration drives. The training shall, at a minimum, summarize the laws and procedures regarding voter registration. A list of those individuals or organizations who complete the training may be published on the secretary of state's website or published by any other means deemed appropriate by the secretary of state.
3. No person or organization shall employ or compensate any person, nor shall any person receive any wages or compensation for registering voters based on the number of voters registered. Nothing in this section prohibits a person from being paid on an hourly or salaried basis to register voters.
4. No person or organization shall establish quotas or a minimum number of completed voter registration forms to be collected by individuals conducting a voter registration drive.
5. Any person or organization collecting a voter registration form submitted by an applicant during a voter registration drive shall, within fifteen (15) calendar days of receipt of the form, deliver or mail the form to the county election commission in which the applicant resides according to the address on the application or to the state election commission; provided, that if the date of the receipt of the form is within fifteen (15) calendar days of the voter registration deadline, the submitted forms must be delivered or mailed no later than the voter registration deadline. For the purposes of this subsection (e), a form shall be considered mailed on the date of the postmark stamped on the cover in which such document was mailed.
6. Any person or organization other than a federal, state, or county governmental entity operating in the course and scope of its official duties who conducts a voter registration drive or operates an online voter registration platform is prohibited from copying, photographing, or in any way retaining, electronically or physically, personal identifying information collected on a voter registration application or entered into the online voter registration platform, including name, date and place of birth, residential address, mailing address, email, phone number, and signature for any purpose other than voter participation, voter engagement, or voter turnout unless the person or organization informs the applicant how the applicant's personal information will be used by the person or organization and the applicant expressly consents in writing or electronically. The social security number provided on the voter registration application or entered into the online voter registration platform is confidential and shall not be copied, photographed, or in any way retained, electronically or physically, by any person other than election officials in their official capacity.
7. 1. The state election commission may impose a maximum civil penalty up to fifty dollars ($50.00) for each violation of subsection (c), (d), (e), or (f).
   2. For any violation or violations, the state election commission shall send, by return mail, receipt requested, an assessment letter to the person or organization in a form sufficient to advise the person or organization of the factual basis of the violation or violations, the total civil penalty, and the date a response to the letter must be filed. Refusal of or failure to timely claim an assessment letter sent by return mail, receipt requested, constitutes acceptance of the assessment letter for purposes of service.
   3. To request a waiver of reduction in or to in any way contest a penalty imposed by the state election commission, a person or organization shall file a petition with the state election commission. Such petition may be considered as commencing a contested case proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
8. Any person or organization who provides or publishes erroneous or incorrect information regarding the qualifications to vote, the requirements to register to vote, whether an individual voter is currently registered to vote or eligible to register to vote, voter registration deadlines, or polling dates, times, and locations shall, upon discovery, immediately notify the appropriate county election commission and the coordinator of elections.
9. The coordinator of elections and the state election commission are authorized to adopt policies or procedures and to promulgate rules and regulations to effectuate this section.

Acts 2019, ch. 250, § 1; 2020, ch. 654, § 3.

Amendments. The 2020 amendment rewrote (a), (b), (e), (f) and (g), which read: “(a)  A person or organization who has not been designated by the county election commission under § 2-2-111 and who conducts a supplemental voter registration drive in which the person or organization attempts to collect voter registration applications of one hundred (100) or more people must comply with the following conditions:“(1) Prior to conducting a voter registration drive, the person or agent of an organization shall:“(A) Provide the coordinator of elections with the name, address, and contact phone number of the person conducting the voter registration drive or the names, addresses, and contact phone numbers of the officers of the organization conducting the voter registration drive;“(B) Provide the names of the county or counties in which the voter registration drives will be held;“(C) Complete training, which is administered by the coordinator of elections, on the laws and procedures governing the voter registration process;“(D) File a sworn statement stating that the person or organization shall obey all state laws and procedures regarding the registration of voters; and“(E) Ensure that individuals, whether volunteer or paid, who conduct voter registration drives for an organization have completed the training administered by the coordinator of elections; and“(2) The person or organization shall deliver or mail completed voter registration forms within ten (10) days of the date of the voter registration drive; provided, that if the date of the voter registration drive is within ten (10) days of the voter registration deadline, the completed forms must be delivered or mailed no later than the voter registration deadline.”;“(b) Any person or organization conducting a voter registration drive is prohibited from copying, photographing, or in any way retaining the voter information and data collected on the voter registration application, unless the applicant consents. However, the social security number provided on the voter registration application is confidential and must not be retained by any person other than election officials in their official capacity.”;“(e) The coordinator of elections may adopt policies or procedures to effectuate the provisions of this section, including, but not limited to, a form on which the required information may be provided and certified by interested parties. The form adopted by the coordinator of elections may be provided electronically. The coordinator of elections shall, at a minimum, offer the training online and shall not charge a fee for the training.”;“(f) Any person who intentionally or knowingly violates any provision of this section commits a Class A misdemeanor and each violation constitutes a separate offense.“(g) This section does not apply to individuals who are not paid to collect voter registration applications or to organizations that are not paid to collect voter registration applications and that use only unpaid volunteers to collect voter registration applications.”; and added (h) and (i).

Effective Dates. Acts 2019, ch. 250, § 9. October 1, 2019.

Acts 2020, ch. 654, § 6. April 2, 2020.

Cross-References. Confidentiality of public records, § 10-7-504.

False or misleading information regarding voting, § 2-19-133.

2-2-143. [Repealed.]

Acts 2019, ch. 250, § 2; repealed by Acts 2020, ch. 654, § 2, effective April 2, 2020.

Compiler's Notes. Former § 2-2-143, concerning the civil penalty for submission of incomplete voter registration applications, was repealed by Acts 2020, ch. 654, § 2, effective April 2, 2020.

Part 2
Registration by Other State Agencies

2-3-101. Polling places — Designation — Relocation.

1. 1. All elections shall be held in polling places designated by the county election commission.
   2. 1. Each polling place shall be in the precinct it is to serve except for municipal elections not held in conjunction with:
         1. Any primary election;
         2. The regular August or November general elections;
         3. Any special primary or special general election for state or federal offices; or
         4. The presidential preference primary.
      2. Where a municipal election is not held in conjunction with an election specified in subdivision (a)(2)(A) and if a polling place is located outside of the boundaries of a municipality but the precinct the polling place serves includes residents of the municipality, the county election commission may designate a polling place outside, but closest to the geographic precinct within the limits of the municipality, of the precinct it is to serve. The county election commission may, upon request from a municipality, consolidate one (1) or more polling places, from one (1) or more precincts, within the limits of the municipality.
      3. Immediately after the consolidation of one (1) or more polling places, from one (1) or more precincts within the limits of the municipality, the county election commission shall publish a notice of the consolidation in a newspaper of general circulation in the county. The county election commission shall mail to each active voter whose polling place is affected, a notice of the new polling place and the precinct number. The county election commission shall give written notification of the consolidation to the office of local government, comptroller of the treasury.
   3. If a county election commission determines that there is no place within a precinct which meets the requirements of this title for polling places, it shall designate the nearest available and suitable place no more than one half (½) mile from the precinct boundary as the polling place except in an emergency. If no accessible polling place is available within the precinct, or, within the one-half (½) mile limit outside the precinct, with the approval of the state coordinator of elections, the county election commission may designate a suitable place within three (3) miles.
   4. No polling place location may be changed within ten (10) days of an election except in an emergency.
2. 1. In any county having a metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 1980 federal census or any subsequent federal census, if space is available, no more than one (1) polling place for a precinct may be located in the same room.
   2. At least thirty (30) days before a polling place is relocated, the county election commission shall mail a notice of intent to relocate to the elected officials representing the affected area. Such notice of intent shall be mailed to the candidates before the time the voters are notified of the change as provided in § 2-3-105. The provisions of this subdivision (b)(2) shall only apply to any county having a metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 1980 federal census or any subsequent federal census.
3. Notwithstanding any law to the contrary, if a municipality is located within two (2) or more counties of the state, then the county election commissions of each respective county may, by written mutual agreement of the counties, designate one (1) polling place outside the boundaries of one (1) of the respective counties; provided, that the polling place is located within the limits of the municipality and within five hundred feet (500') of the county boundary line. Voters residing within the precinct are authorized to vote at the polling place established by the county election commissions in accordance with this subsection (c).

Acts 1972, ch. 740, § 1; T.C.A., § 2-301; Acts 1989, ch. 78, §§ 1, 2; 1997, ch. 558, § 6; 2012, ch. 995, § 1; 2014, ch. 488, §§ 1, 2; 2014, ch. 697, § 1.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2013, ch. 372, §§ 1, 2 purported to amend subsection (a) of  this section. However, it was determined that Senate Bill No. 1320 and House Bill 1208, assigned as Public Chapter No. 372, did not pass both houses in the same form, as required by Tenn. Const., art. II, § 18 and, therefore, the act was not codified. The section set out above does not reflect the amendments by that act.

Amendments. The 2014 amendment by ch. 488, in (a), redesignated the former introductory clause of (2) as present (2)(A), redesignated former (2)(B)-(D) as present (2)(A)(i)-(iv), rewrote and designated the continuation paragraph as present (2)(B), added (2)(C), and added “except in an emergency” at the end of the first sentence in (3).

The 2014 amendment by ch. 697 added (c).

Effective Dates. Acts 2014, ch. 488, § 3. February 13, 2014.

Acts 2014, ch. 697, § 3. April 15, 2014.

Cross-References. Boundaries of voting precincts, § 3-1-103.

2-3-102. Precincts — Establishment, consolidation, or change of boundaries.

1. No voting precinct shall be established, created, consolidated, divided, or the boundaries otherwise altered unless ordered by a court of competent jurisdiction, by reason of an annexation or other change in the boundary of a county or municipality, or in accordance with subsection (b). Any precinct boundary that is altered in accordance with this subsection (a) shall coincide with a census block as designated by the United States census bureau in the latest federal decennial census.
2. The county election commission may establish, consolidate, or change the boundaries of precincts whenever the public convenience or law requires it; provided, that if any precinct boundary is altered pursuant to this subsection (b) then all of the following conditions must be met:
   1. Any precinct boundary that is altered shall coincide with a census block as designated by the United States census bureau in the latest federal decennial census; and
   2. After December 31, 2018, all precinct boundaries within the jurisdiction of the county election commission that do not coincide with a census block as designated by the United States census bureau in the latest federal decennial census shall be altered so that the precinct boundaries do coincide with a census block as designated by the United States census bureau in the latest federal decennial census.
3. Any county election commission that alters the boundaries of any voting precinct in accordance with this section shall send a map, or geographic information systems file, to the office of local government which clearly delineates the new boundaries of the voting precinct.

Acts 1972, ch. 740, § 1; T.C.A., § 2-302; Acts 1984, ch. 951, § 1; 1991, ch. 373, § 1; 1993, ch. 362, § 1; 1999, ch. 421, §§ 1-5; 2011, ch. 46, §§ 1-4; 2018, ch. 581, § 3.

Compiler's Notes. Acts 1982, ch. 900, § 49 and ch. 944, § 4 each provide that notwithstanding the provisions of this section to the contrary, the county election commission shall make such changes in the boundaries of precincts as may be necessitated by those acts (which changed the description of several state representative districts described in § 3-1-103) prior to any election held after the effective dates (April 4, 1982 and May 19, 1982) of those acts.

Amendments. The 2018 amendment rewrote the section which read: “(a)(1)  After May 16, 1991, no voting precinct shall be established, created, consolidated, divided or the boundaries otherwise altered unless ordered by a court of competent jurisdiction, by reason of an annexation or other change in the boundary of a county or municipality or in accordance with subdivision (a)(2). Any boundary which is altered in accordance with this subdivision (a)(1) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census. After phase 2 maps for a county under the block boundary suggestion program of the bureau of the census for Census 2000 are submitted to the bureau of the census by the office of local government, any precinct boundary in such county which is altered in accordance with this subdivision (a)(1) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 2000 federal decennial census. After March 1, 2011, any precinct boundary in such county that is altered in accordance with this subdivision (a)(1) shall coincide with a census block, tract, municipal, or county boundary as designated on United States bureau of the census maps prepared for the 2010 federal decennial census.”(2)  The county election commission may establish, consolidate or change the boundaries of precincts whenever the public convenience or law requires it; provided, that if any precinct boundary is altered pursuant to this subdivision (a)(2) then all of the following conditions must be met:”(A)  Any boundary which is altered in accordance with this subdivision (a)(2)(A) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census; provided, that after phase 2 maps for a county under the block boundary suggestion program of the bureau of the census for Census 2000 are submitted to the bureau of the census by the office of local government, any precinct boundary in such county which is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 2000 federal decennial census; provided, further, that after March 1, 2011, any precinct boundary in such county that is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal, or county boundary as designated on United States bureau of the census maps prepared for the 2010 federal decennial census; and”(B)  All precinct boundaries within the jurisdiction of such county election commission that do not coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census shall be altered so that such boundaries do coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 1990 federal decennial census; provided, that after phase 2 maps for a county under the block boundary suggestion program of the bureau of the census for Census 2000 are submitted to the bureau of the census by the office of local government, any precinct boundary in such county which is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal or county boundary as designated on United States bureau of the census maps prepared for the 2000 federal decennial census; provided, further, that after March 1, 2011, any precinct boundary in such county that is altered in accordance with this subdivision (a)(2) shall coincide with a census block, tract, municipal, or county boundary as designated on United States bureau of the census maps prepared for the 2010 federal decennial census.“(3)  Any political subdivision which alters the boundaries of any voting precinct in accordance with this subsection (a) shall send a map to the office of local government and to the office of management information services for the general assembly, which map shall clearly show the new boundaries of such voting precinct.“(4)  All census descriptions, census delineations, census district lines and other census designations as used in this subsection (a) are those established for and by the United States bureau of the census for taking either the 1990, 2000 or 2010 federal decennial census in Tennessee.“(b)  Notwithstanding the provisions of subdivision (a)(2) to the contrary, a precinct boundary established, consolidated or changed pursuant to subdivision (a)(2) may coincide with a line which divides a census block if:“(1)  The line splitting the census block was approved by the United States bureau of the census and population was allocated between the areas split by such line pursuant to the fee paid block split program of such bureau; and“(2)  In addition to the maps required to be submitted pursuant to subdivision (a)(3), the allocation of population for any split block is also sent to the office of local government and to the office of management information services for the general assembly.”

Effective Dates. Acts 2018, ch. 581, § 4. March 16, 2018.

Cross-References. Changes in state representative district precincts, § 3-1-103.

Law Reviews.

Local Government Law — 1961 Tennessee Survey (Eugene Puett), 14 Vand. L. Rev. 1335 (1961).

2-3-103. Maximum size of precincts.

Precincts where voting machines are used shall, whenever practicable, in the judgment of the county election commission, after taking into consideration all facts and circumstances, be limited in size to a maximum of six thousand (6,000) registered voters.

Acts 1972, ch. 740, § 1; 1974, ch. 413, § 1; 1974, ch. 676, § 1; T.C.A., § 2-303; Acts 1991, ch. 249, § 1; 1997, ch. 558, § 7; 2012, ch. 1101, § 2.

2-3-104. Ratio of number of voters to voting machines.

Where voting machines are used, there shall be, as nearly as practicable, no more than one thousand (1,000) registered voters per voting machine.

Acts 1972, ch. 740, § 1; T.C.A., § 2-304; Acts 1997, ch. 558, § 1; 2002, ch. 698, § 2; 2006, ch. 642, § 2.

2-3-105. Publication of changes in precinct boundaries — Notice to affected voters and office of local government.

Immediately after any alteration of precinct boundaries or change of district, the county election commission shall publish the changed boundaries in a newspaper of general circulation in the county. The county election commission shall mail to each active voter whose polling place is changed a notice of the voter's new polling place and precinct number. Furthermore, immediately after any alteration of precinct boundaries, the county election commission shall give written notification of such changes to the office of local government, comptroller of the treasury.

Acts 1972, ch. 740, § 1; T.C.A., § 2-305; Acts 1980, ch. 675, § 1; 2006, ch. 642, § 1; 2008, ch. 928, § 7.

Cross-References. Newspaper of general circulation defined, § 2-1-104.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, §§ 6, 11.

2-3-106. Description of boundaries — Filing and recordation — Availability to general assembly.

1. The boundaries of each precinct shall be described either by metes and bounds or by a map of sufficient detail to delineate the boundaries of the precinct. Copies of the maps shall be filed and recorded in the office of the clerk of the county legislative body and in the office of the coordinator of elections and shall be available for public inspection.
2. Copies of the maps shall be made available by the coordinator of elections to members of the general assembly upon request and upon payment of the actual cost of reproduction of the same.

Acts 1972, ch. 740, § 1; 1977, ch. 155, §§ 1, 2; T.C.A., § 2-306; Acts 1981, ch. 478, § 8.

2-3-107. Polling places — Physical requirements — Use of public buildings — Rentals for private buildings.

1. The county election commission shall designate as polling places only rooms which have adequate heat, light, space and other facilities, including a sufficient number of electrical outlets where voting machines are used, for the comfortable and orderly conduct of elections.
2. 1. 1. The commission shall, insofar as practicable, arrange for the use of public schools and other public buildings for polling places on election day and during the early voting period.
      2. 1. If the county election commission has arranged for the use of a public school or a public charter school as a polling place for a regular November election, as defined in § 2-1-104, then the LEA or the public charter school, respectively, shall be closed for instruction on the election day. The LEA or the public charter school may use the day as an in-service day for school personnel.
         2. An LEA or public charter school may choose to be open or closed for instruction on election days other than days on which a regular November election occurs. If an LEA or public charter school chooses to close on an election day, then the LEA or public charter school may use the day as an in-service day for school personnel.
         3. Before adopting a calendar for a school year, each LEA and public charter school shall consult with the county election commission as to the elections that are scheduled to be conducted during the school year for which the calendar is to be adopted.
   2. Upon application of the commission, the authority which has the control of any building or grounds supported by taxation under the laws of this state shall make available the necessary space for the purpose of holding elections and adequate space for the storage of voting machines without charge. A reasonable sum may be paid for necessary extra janitor service. If a state park is to be used as a voting location, the park must establish the site for the polling place at least one (1) year prior to the date of the election, and the location of the polling site within the park may not change without the consent of the county election committee.
3. When polling places are established in private buildings, the commission may pay a reasonable rental.

Acts 1972, ch. 740, § 1; T.C.A., § 2-312; Acts 2001, ch. 413, § 6; 2013, ch. 231, § 3; 2018, ch. 867, § 1.

Amendments. The 2018 amendment, effective January 1, 2019, added (b)(1)(B).

Effective Dates. Acts 2018, ch. 867, § 2. January 1, 2019.

Cross-References.  Convenient voting centers, title 2, chapter 3, part 3.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

2-3-108. Polling places — Tables and chairs for officials — Voting compartments — Supplies.

1. The county election commission shall arrange for each polling place to have a sufficient number of tables and chairs for its election officials and poll watchers and voting compartments for the convenient use of voters in marking paper ballots.
2. 1. Each compartment shall be so arranged that it is impossible for any person to see a voter's ballot while it is being marked. The arrangement shall be such that neither the ballot boxes nor the voting compartments are hidden from the view of the election officials and poll watchers or those just outside a guard rail which may run in front of the ballot box.
   2. The number of such voting compartments shall not be less than three (3) for every one hundred (100) voters registered to vote at a polling place where voting machines are not used.
3. 1. One (1) voting compartment shall be provided at each polling place where voting machines are used.
   2. Each voting machine shall be so placed that it is accessible to only one (1) voter at a time and is in full view of all the election officials and watchers at the polling place.
4. The county election commission shall provide for each polling place a sufficient supply of pencils, voting instructions, and boundary signs to be placed at the boundary provided in § 2-7-111. The flag of the United States shall be displayed outside of each polling place on election day. The county election commission shall ensure that such flag is available for each polling place.

Acts 1972, ch. 740, § 1; T.C.A., § 2-313; Acts 1987, ch. 362, § 3.

Cross-References. Ballots and supplies, title 2, ch. 5, part 2.

Desecration of venerate object, § 39-17-311.

2-3-109. Voters with disabilities and elderly voters.

1. Pursuant to the provisions of Public Law 98-435 of the 98th Congress, it is the legislative intent, by enactment of this legislation, to improve access for elderly voters and voters with disabilities to registration facilities and polling places.
2. For the purposes of this section:
   1. “Elderly voter” means any voter sixty (60) years of age or older; and
   2. “Voter with a disability” or “voters with disabilities” means any person or persons whose disability meets the definition of a disability as defined by the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq.
3. Every building which houses a county election commission office shall be accessible to elderly voters and voters with disabilities by construction of ramps or other appropriate means.
4. 1. All voting precincts shall be made accessible to elderly voters and voters with disabilities, unless the state election commission and state election coordinator shall, in their sole discretion, determine that the precinct cannot reasonably be made accessible to the elderly voters and voters with disabilities.
   2. Each county election commission shall furnish to the coordinator of elections, at the coordinator of election's request, a listing setting forth which polling places in the county are accessible and which are not. If a building suitable for use as a polling place which is accessible is available, such building shall be designated as the polling place for that voting precinct.
5. 1. Not later than forty-five (45) days before any election, the county election commission shall publish in a newspaper of general circulation a notice advising any elderly voter or voter with a disability that if such voter's polling place is inaccessible, such voter has the right to vote early by absentee ballot or at the election commission office on election day.
   2. 1. Elderly voters or voters with disabilities assigned to vote in precincts wherein the polling place is not accessible may vote at the election commission office on election day. Such voter shall complete an affidavit at the election commission office stating that such voter's designated voting location, to the best of the voter's knowledge, does not comply with Public Law 98-435 of the 98th Congress. The affidavit must be received by the county election commission not less than ten (10) days prior to the first election in which the elderly voter or voter with a disability plans to vote at the election commission office on election day. The election commission shall maintain a record of all affidavits completed pursuant to this subsection (e) and shall not require a voter to complete more than one (1) such affidavit unless the voter's precinct changes from the precinct cited in the affidavit on file. Upon receipt of such affidavit, the administrator of elections shall remove the voter's duplicate permanent registration card from the precinct binder and place the same in an alphabetical book to be used at the election office on election day. The election commission may allow persons voting hereunder to vote on paper ballot or on voting machines, in the discretion of the voting commission.
      2. As an alternative to voting at the election commission office on election day, an elderly voter or voter with a disability assigned to vote in a precinct where the polling place is inaccessible may vote by absentee ballot or during the early voting period subject to the provisions of § 2-2-115(b)(7).
      3. 1. Each county election commission shall be responsible for notifying the officer of election on election day of any elderly voter or voter with a disability who votes at the election commission office.
         2. The state election coordinator shall ensure that each county election commission takes the necessary steps to notify the voting precinct of the elderly voter or voter with a disability of the filing of the voter's affidavit for future elections.
6. The state election coordinator shall ensure that each county election commission takes the necessary steps and secures adequate facilities and supplies to carry out the requirements of this section.
7. All the rights given and provisions made under this section are in addition to any voting rights or procedures which already are in existence relative to elderly voters or voters with disabilities, and no provision or part hereof shall be deemed to restrict or diminish any such rights or procedures.

Acts 1985, ch. 72, §§ 1-9; 1991, ch. 184, §§ 1, 2; 1994, ch. 859, § 7; 1996, ch. 617, §§ 1, 2; 2000, ch. 756, §§ 4, 5; 2004, ch. 480, §§ 2, 3; 2007, ch. 48, §§ 1, 2; 2014, ch. 724, § 6.

Compiler's Notes. Public Law 98-435, referred to in this section, is known as the Voting Accessibility for the Elderly and Handicapped Act, and is codified as 42 U.S.C. 1973ee et seq.

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Amendments. The 2014 amendment substituted “sixty (60) years of age” for “sixty-five (65) years of age” in (b)(1).

Effective Dates. Acts 2014, ch. 724, § 12. April 16, 2014.

Cross-References. Early voting, title 2, ch. 6, part 1.

Newspaper of general circulation defined, § 2-1-104.

2-3-110. Procedures when emergency necessitates change to polling place location within 10 days of election day.

1. As used in this chapter, “emergency” means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results in a polling place being unavailable or unsuitable for voting. A natural threat includes disease, outbreaks, and epidemics.
2. Notwithstanding anything in this chapter to the contrary, a county election commission shall use the following procedures when an emergency necessitates a change to a polling place location within ten (10) days of an election day:
   1. A county election commission shall not change a polling place without approval of the coordinator of elections;
   2. If no alternative suitable site is available within a precinct, the county election commission may create emergency supersites by moving a polling place that is unavailable or unsuitable due to an emergency to another polling place in the county. To the extent practicable, the county election commission should choose the nearest available and suitable polling place;
   3. The county election commission may designate the county election commission office or other centrally located site or sites for voting by any voter in the county;
   4. The county election commission shall provide notice of any changes as widely as possible under the circumstances, including, but not limited to, the media, county election commission website if the county maintains a website, secretary of state's website, and if possible, signage at each affected polling place.

Acts 2020, ch. 655, § 4.

Effective Dates. Acts 2020, ch. 655, § 7. April 2, 2020.

Cross-References. Civil Defense and Disaster Compact, title 58, ch. 2, part 4.

Emergency management powers of the governor, § 58-2-107.

Part 2
Times of Elections

2-5-101. Time for filing — Required signatures — Failure to file — Filing office hours — Prohibited acts — Death or late withdrawal of candidates.

1. Candidates shall qualify by filing all nominating petitions, including any duplicate nominating petitions, by the deadlines set out in the schedule in this section. The qualifying deadline for any office not included in this section shall be twelve o'clock (12:00) noon, prevailing time, on the third Thursday in the third calendar month before the election.
   1. Independent and primary candidates for any office to be filled at the regular November election for which a primary is required to be held at the regular August election shall qualify by filing such candidates' nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April.
   2. Independent and primary candidates for any office to be filled in a regular August general election for which a May primary has been called under § 2-13-203 shall qualify by filing their petitions for the August election no later than twelve o'clock (12:00) noon, prevailing time, on the third Thursday in February. In the event no May primary authorized under § 2-13-203 is called for any office to be filled in the regular August general election, then the candidates shall qualify by filing their petitions no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April. In presidential election years, if a political party calls for the county primary in March, the qualifying deadline for candidates in the primary and independent candidates for those offices shall be twelve o'clock (12:00) noon, prevailing time, on the second Thursday in December. Independent candidates for offices which will appear on the county primary ballot shall qualify by filing their petitions at the same time primary candidates qualify.
   3. Candidates in municipal elections held in conjunction with the regular August election shall file their nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April. Candidates in municipal elections held in conjunction with the presidential preference primary election shall file their nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the second Thursday in December. Candidates in all other municipal elections shall file their nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the third Thursday in the third calendar month before the election.
   4. In counties having a population in excess of six hundred thousand (600,000), according to the federal census of 1970 or any subsequent census, candidates in municipal elections will file their nominating petitions in accordance with time and date as prescribed for the August primary and November general election. When a special election is being held in conjunction with either a municipal August primary or November general election, the time of qualifying for candidates to the office for which the special election is being held shall conform and be governed by the same time and the same date prescribed for the municipal August primary or November general election; but in no way shall the time for qualifying specified by this subdivision (a)(4) be less than the qualifying time prescribed for the special election.
2. 1. Nominating petitions shall be signed by the candidate and twenty-five (25) or more registered voters who are eligible to vote to fill the office. Nominating petitions for independent presidential candidates shall be signed by the candidate and twenty-five (25) or more registered voters for each elector allocated to the state. Each independent candidate must designate the full number of electors allocated to the state.
   2. The signer of a petition must include the address of the signer's residence as shown on the signer's voter registration card in order for that person's signature to be counted. In the event that the signer of a petition includes information on a nominating petition that exceeds the information contained on such person's voter registration card, the signature shall be counted if there is no conflict between the nominating petition and the voter registration card. If no street address is shown on the signer's voter registration card, that person's signature and address as shown on the voter registration card shall be sufficient. A street address shall be sufficient, and no apartment number shall be required.
   3. A person's regular signature shall be accepted just as the person's legal signature would be accepted. For example, for the purposes of this subsection (b), “Joe Public” shall be accepted just as “Joseph Q. Public” would be accepted.
3. If a candidate does not file by the deadline specified in this section, or fails to file any duplicate petition required by § 2-5-104 by the deadline specified in this section, or the candidate's petition does not contain the signatures and residential addresses of twenty-five (25) or more registered voters eligible to vote to fill the office, the candidate's name shall not be printed on any official ballot for the election.
4. Offices in which petitions are to be filed shall be open until four o'clock (4:00 p.m.) prevailing time on the final day of any qualifying period.
5. The name of any candidate nominated by any political party by any method other than a primary election, for any office to be filled in a regular August election for which a March or May primary has been called under § 2-13-203 shall be certified by the party executive committee to the county election commission or county administrator of elections by the qualifying deadline for the respective primary as provided for elsewhere in this section. If no primary is held, party nominees shall be certified no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April.
6. 1. It is unlawful for any person to qualify as a candidate in a primary election with more than one (1) political party in which such person seeks the same office.
   2. It is unlawful for any person to qualify as an independent candidate and as a primary candidate for the same office in the same year.
   3. No person defeated in a primary election or party caucus shall qualify as an independent for the general election.
   4. No candidate in a party primary election or party caucus may appear on the ballot in a general election as the nominee of a different political party or as an independent.
   5. No candidate, whether independent or represented by a political party, may be permitted to submit and have accepted by any election commission, more than one (1) qualifying petition, or otherwise qualify and be nominated, or have such candidate's name anywhere appear on any ballot for any election or primary, wherein such candidate is attempting to be qualified for and nominated or elected to more than one (1) state office as described in either § 2-13-202(1) or (2) or in article VI of the Constitution of Tennessee or more than one (1) constitutional county office described in article VII, § 1 of the Constitution of Tennessee or any other county-wide office, voted on by voters during any primary or general election.
   6. It is unlawful for a person to qualify as a candidate for any election if such person has failed to file any required report for which a civil penalty has been imposed under chapter 10 of this title.
7. 1. If a candidate in a primary election or nonpartisan general election, after the qualifying deadline:
      1. Dies;
      2. Withdraws because of military call up;
      3. Withdraws because of physical or mental disability, such physical or mental disability being properly documented by competent medical authority;
      4. Withdraws because such candidate is forced to change residence by the candidate's employer for a job-related reason;
      5. Is declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204;
      6. Is declared disqualified by the peace officer standards and training (POST) commission pursuant to § 8-8-102(e); or
      7. Is declared disqualified by the Tennessee highway officials certification board pursuant to § 54-7-104;leaving no candidates for nomination or office, additional candidates may qualify for the election or that nomination by filing their petitions as provided by law no later than twelve o'clock (12:00) noon, prevailing time on the fortieth day before the election. If any of these events occur within ten (10) days of the fortieth day, the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time on the tenth day following the death or withdrawal.
   2. Candidates may withdraw for reasons other than those listed in subdivision (g)(1); however, no additional candidates may qualify.
8. 1. This subsection (h) shall be known and may be cited as the “Anti-Skullduggery Act of 1991.”
   2. Notwithstanding any provision of this section to the contrary, additional candidates may qualify for an office by qualifying as provided by law no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the original withdrawal deadline, if an incumbent of such office is a candidate for a primary or a nonpartisan general election and if such incumbent dies or properly withdraws on the last day for qualifying or prior to twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline.
   3. If an incumbent withdraws during the period specified in subdivision (h)(2), this subsection (h) shall operate to:
      1. Extend the period to qualify for the primary election of each political party holding a primary for that office;
      2. Extend the period during which a political party that would have been authorized by law to nominate a candidate for the office by a means other than primary election, but did not do so prior to the withdrawal of the incumbent; and
      3. Extend the period a person may qualify for a nonpartisan general election.
   4. Any request to withdraw by such additional candidates shall be filed no later than twelve o'clock (12:00) noon, prevailing time, on the fourth day after the new qualifying deadline.
9. Notwithstanding subdivisions (f)(1), (2), and (4), if an incumbent member of the general assembly who has filed a petition for reelection is disqualified by the political party executive committee under § 2-5-204, then the incumbent member of the general assembly may file a new petition for the same office as a candidate for another political party or as an independent candidate. Notwithstanding the filing deadlines in this section, an incumbent member of the general assembly filing a petition under this subsection (i) shall file the petition no later than ninety (90) days before:
   1. The primary election, if the incumbent is filing a petition as a candidate for another political party; or
   2. The general election, if the incumbent is filing a petition as an independent candidate.

Acts 1972, ch. 740, § 1; 1973, ch. 106, §§ 1, 2; 1973, ch. 160, § 1; 1974, ch. 660, § 1; 1974, ch. 731, § 1; 1975, ch. 26, § 1; 1975, ch. 83, § 1; 1977, ch. 47, § 1; 1978, ch. 940, § 1; 1979, ch. 115, § 1; 1979, ch. 136, § 1; 1979, ch. 306, § 15; T.C.A., §§ 2-505, 2-511(c); Acts 1981, ch. 382, § 1; 1981, ch. 385, § 3; 1981, ch. 478, §§ 12, 13; 1982, ch. 871, §§ 4, 5; 1982, ch. 894, § 1; 1983, ch. 266, § 1; 1985, ch. 81, § 1; 1986, ch. 562, § 20; 1988, ch. 516, § 1; 1988, ch. 933, §§ 5, 6, 13; 1989, ch. 128, §§ 1, 3; 1989, ch. 247, § 1; 1989, ch. 590, §§ 7-9; 1990, ch. 628, § 3; 1991, ch. 153, §§ 1-6; 1991, ch. 373, § 3; 1991, ch. 414, §§ 1, 2; 1994, ch. 771, §§ 1-3; 1995, ch. 87, §§ 1, 2; 1999, ch. 6, §§ 1, 2; 1999, ch. 208, §§ 1, 2; 2000, ch. 756, § 8; 2001, ch. 199, §§ 1, 2; 2003, ch. 374, § 13; 2004, ch. 480, § 4; 2008, ch. 618, § 1; 2011, ch. 182, §§ 1, 2; 2012, ch. 955, § 9; 2015, ch. 508, § 2; 2016, ch. 604, § 2; 2020, ch. 713, § 1.

Code Commission Notes.

Former subsection (h), concerning applicability of amendments by Acts 1991, ch. 153 to elections in counties in 1991, was deleted as obsolete in 2014 by the code commission.

Compiler's Notes. Acts 1989, ch. 247, § 2 also provided that the amendment by that act shall apply only to nominating petitions filed after May 9, 1989.

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2020, ch. 713, § 2 provided that the act, which amended this section, shall apply to the 2020 election and all subsequent elections.

Amendments. The 2015 amendment added (g)(1)(F).

The 2016 amendment added (g)(1)(G).

The 2020 amendment added (i).

Effective Dates. Acts 2015, ch. 508, § 3. July 1, 2015.

Acts 2016, ch. 604, § 3. July 1, 2016.

Acts 2020, ch. 713, § 2. June 22, 2020.

Cross-References. Failure to use standard time, § 4-1-401.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, §§ 2, 12.

Law Reviews.

Selected Tennessee Legislation of 1983 (N.L. Resener, J.A. Whitson, K.J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. Qualifying deadlines, constitutionality, OAG 88-42 (2/29/88).

Application of “sore loser” provisions to counties where candidates are nominated by party caucus, OAG 95-062 (5/26/95).

Simultaneously holding offices of constitutional convention delegate and general assembly member, OAG 98-054 (3/3/98).

County-wide offices include general sessions and juvenile court judgeships, OAG 98-097 (5/21/98).

Deadlines for filing nominating petitions for interim city council election, OAG 98-0172 (8/27/98).

Constitutionality of requirements for ballot access by new political parties, OAG 99-121 (5/19/99).

The same individual may not run for the office of sheriff and constable in the same election, OAG 02-012 (1/18/02).

Under T.C.A. § 2-5-101(f)(5), the same individual may not run for the offices of county commissioner and constable in the same election. But neither this statute nor T.C.A. § 5-5-102(c)(2) prohibits a constable from being nominated for or elected to membership in the county legislative body at some other time, OAG 08-177 (11/20/08).

Procedures for filling a vacancy in the state senate. OAG 14-78, 2014 Tenn. AG LEXIS 80 (8/27/14).

2-5-102. Nominating petitions — Form — Requirements.

1. Nominating petitions shall be in substantially the following form:

   We the undersigned registered voters of the city of  ,

   (for municipal elections)

   in the county of  , State of Tennessee, (and members of the (for primaries)  ________ Party), hereby nominate.

   (for municipal elections)

   __  ,

   County as a candidate (for nomination) for the office of

   (for primaries)

   to be voted in the election to be held on the  day of  ,  . We request that such candidate's name be printed on the official ballot.

   This petition was issued by

   (signature of administrator of elections, deputy or election commissioner)

   TO BE COMPLETED BY CANDIDATE

   I hereby direct that my name appear on the official ballot as follows:

   PRINT NAME

   (residential address of candidate)   (zip)       (telephone)

   (business address of candidate)    (zip)       (telephone)

   FOR CANDIDATES REQUIRED TO BE AN ATTORNEY:

   By my signature, I hereby certify that I

   am licensed to practice law in this state.

   (signature of candidate)

   SUPREME COURT REGISTRATION No.

   NOMINATING SIGNATURES

   (Must be registered voters who are eligible to vote to fill this office)

   Signature of Voter Address of Residence as Shown on

   Voter Registration

2. 1. All nominating petitions required for nomination and election to all congressional, state, county, municipal and political party executive committee offices shall be furnished only by the county election commission office. At the time of issuance of the nominating petitions, the administrator of elections, deputy or a county election commissioner shall type or handwrite in ink at the top of the cover page and each succeeding page of the form the name of the candidate, the office sought by the candidate, including any division, part, district or other identifying number for the office sought, and shall sign and date the form. Additional pages to be attached to a nominating petition may be obtained at a later date; provided, that each additional page must also have the name of the candidate, the office being sought and any identifying number for the office typed or handwritten at the top by the administrator, deputy or election commissioner along with the candidate's signature and the date.
   2. Nominating petitions for offices listed in § 2-13-202 may also be obtained from the office of the coordinator of elections. An employee of the coordinator's office has the same responsibilities as the administrator, deputy and election commissioners in subdivision (b)(1).
   3. The items to be completed under subdivisions (b)(1) and (2) may not be altered, and a petition on which any of these items has been altered may not be accepted in the office in which it is required to be filed in this state. Neither shall any original nominating petition be accepted on which any of the items required to be completed under subdivisions (b)(1) and (2) have been photocopied.
   4. If a county election commission finds it necessary to photocopy the nominating petition, the county election commission shall indicate in the upper right hand corner of each page that the document was photocopied by the county election commission prior to distributing the form to a candidate. Such information shall be typed, stamped or otherwise permanently affixed to the form.
   5. Nominating petitions must not be issued by any administrator, deputy, county election commissioner, or employee of the coordinator's office more than sixty (60) days before the qualifying deadline for the office for which the petition is issued; provided, that nominating petitions for the offices of President of the United States and delegates to the national conventions of all statewide political parties may be issued only by an employee of the coordinator's office and must not be issued more than ninety (90) days before the applicable qualifying deadline for the respective office. During any year in which reapportionment must occur, the coordinator of elections shall determine the earliest date on which petitions may be issued.

(address)

(division, part or district number)

Acts 1972, ch. 740, § 1; T.C.A., § 2-506; Acts 1991, ch. 198, § 1; 1992, ch. 757, § 1; 1997, ch. 558, § 4; 2001, ch. 413, § 14; 2014, ch. 724, § 4; 2018, ch. 637, § 1.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Amendments. The 2014 amendment substituted “FOR CANDIDATES REQUIRED TO BE AN ATTORNEY” for “FOR JUDICIAL CANDIDATES ONLY” in the nominating petition form.

The 2018 amendment, effective January 1, 2019, in (b)(5), rewrote the first sentence which read: “Nominating petitions shall not be issued by any administrator, deputy, county election commissioner or employee of the coordinator's office more than ninety (90) days before the qualifying deadline for the office for which the petition is issued.”, and substituted “During any year in which” for “In any year where” at the beginning of the second sentence.

Effective Dates. Acts 2014, ch. 724, § 12. April 16, 2014.

Acts 2018, ch. 637, § 2. January 1, 2019.

Cross-References. Signer of nominating petition must include address, § 2-1-107.

Attorney General Opinions. Under T.C.A. § 2-5-101(f)(5), the same individual may not run for the offices of county commissioner and constable in the same election. But neither that statute nor T.C.A. § 5-5-102(c)(2) prohibits a constable from being nominated for or elected to membership in the county legislative body at some other time, OAG 08-177 (11/20/08).

2-5-103. Candidates for statewide elections.

1. Each independent or primary candidate for an office elected by the voters of the entire state shall file the candidate's original nominating petition in the office of the state election commission and a certified duplicate with the coordinator of elections and with the chair of the party's state executive committee in the case of primary candidates.
2. The chair of the state election commission shall, no later than twelve (12:00) noon prevailing time on the first Thursday after the deadlines set in § 2-5-101, certify to the chairs of the county election commissions the names of all candidates who have qualified under this section to have their names on the ballots for general or primary elections.

Acts 1972, ch. 740, § 1; 1978, ch. 754, § 2; T.C.A., § 2-507.

2-5-104. Candidates for other than statewide elections.

1. Each independent or primary candidate, other than those filing under § 2-5-103, and those filing under subsection (b) or subsection (c), shall file the candidate's original nominating petition with the chair or the administrator of elections of the county election commission in the county in which the candidate is a resident and shall file certified duplicates of the nominating petition with the chairs or administrators of the county election commissions in all counties wholly or partially within the area served by the office which the candidate seeks.
2. 1. Each independent or primary candidate for the office of representative to the United States congress shall file the candidate's nominating petitions as a candidate for an office elected by the voters of the entire state would file the candidate's nominating petitions under the provisions of § 2-5-103.
   2. However, any independent and primary candidate for the office of representative to the United States congress from a district located entirely in one (1) county shall file the candidate's nominating petitions under the provisions of this section.
3. Each candidate for municipal office shall file the candidate's original nominating petition with the county election commission where the municipality is located. If the municipality is located in more than one (1) county, the candidate shall file the nominating petition with the county election commission of the county responsible for holding the election pursuant to § 6-53-101.

Acts 1972, ch. 740, § 1; 1973, ch. 31, § 1; 1977, ch. 480, § 1; 1978, ch. 754, § 2; 1979, ch. 115, § 2; T.C.A., § 2-508; Acts 1982, ch. 746, §§ 1, 2; 1998, ch. 720, §§ 1, 2.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Attorney General Opinions. Applicability to municipal elections for cities located in more than one county, OAG 96-129 (11/12/96).

2-5-105. Certification of political party nominees.

Political party nominees are qualified by certification of their names as nominees under chapter 8 of this title or §§ 2-13-101 — 2-13-205.

Acts 1972, ch. 740, § 1; T.C.A., § 2-503.

2-5-106. Certification of attorney on nominating petition.

1. Any person seeking election to any office that is required by law to be held by an attorney shall certify on the person's nominating petition for such office that such person is licensed to practice law in this state, and shall place on such petition the person's supreme court registration number.
2. Any person failing to comply with this section shall be disqualified from having the person's name placed on the election ballot for such office.

Acts 1989, ch. 590, § 10; 2014, ch. 724, § 3.

Amendments. The 2014 amendment substituted “any office” for “a judicial office” near the beginning of (a); and substituted “such office” for “such judicial office” at the end of (b).

Effective Dates. Acts 2014, ch. 724, § 12. April 16, 2014.

2-5-107. Inapplicability of part to certain retention elections.

This part shall not apply to a retention election in which a judge of the supreme court, the court of appeals, or the court of criminal appeals seeks election to fill the office to which the incumbent judge was appointed and confirmed. Title 17, chapter 4, part 1 shall govern such elections.

Acts 2016, ch. 528, § 1.

Compiler's Notes. For the Preamble to the act concerning an orderly procedure for the appointment, confirmation, and retention of appellate court judges as required by Tennessee Constitution, Article VI, Section 3, please refer to Acts 2016, ch. 528.

Effective Dates. Acts 2016, ch. 528, § 23. January 28, 2016.

2-5-108 — 2-5-150. [Reserved.]

1. Any governmental entity having a charter provision for a petition for recall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.
2. Before a petition may be circulated, at least one (1) registered voter of the city or county shall file with the county election commission:
   1. The proper form of the petition; and
   2. The text of the question posed in the petition.
3. The county election commission shall certify whether the petition is in proper form within thirty (30) days after the filing of the documentation required by subsection (b). The individual or individuals filing the petition shall have fifteen (15) days to cure any defects in the documentation required by subsection (b) by filing revised documentation in proper form with the county election commission. The county election commission shall determine within fifteen (15) days whether or not the revised documentation shall be certified for final approval.
4. Petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county. The disqualification of one (1) or more signatures shall not render a petition invalid, but shall disqualify such signatures from being counted towards the statutory minimum number of signatures required in this section.
5. Upon filing, each completed petition shall contain the following:
   1. The full text of the question attached to each petition;
   2. The genuine signature and address of registered voters only, pursuant to the requirements of § 2-1-107;
   3. The printed name of each signatory; and
   4. The date of signature.
6. 1. Completed petitions shall be filed with the county election commission within seventy-five (75) days after final certification by the county election commission as required by subsection (c).
   2. In addition, a petition for recall, referendum or initiative shall be filed at least ninety (90) days before a general municipal or county election may be held on the question contained in such petition. The question contained in a petition filed less than ninety (90) days before an upcoming general municipal or county election will be placed on the ballot of the following general municipal or county election.
7. Any person may request either in person or in writing that the county election commission remove such person's name from a petition. Such request must be made within eight (8) days of filing of the completed petition and before final certification by the county election commission of the petition.
8. The county election commission shall certify whether or not the completed petition meets all applicable requirements within thirty (30) days of filing of the completed petition.
9. Upon certification by the county election commission pursuant to subsection (h), the election commission shall publish the question contained in the petition pursuant to § 2-12-111.
10. This section shall control notwithstanding any statutory provision or charter provision of a municipality or county to the contrary; provided, that any contrary charter provision of a municipality or county which is enacted after July 1, 1997, shall control with respect only to the requirements set forth in subsection (d) relating to the statutory minimum number of signatures required in a petition, and to the provisions of subdivision (f)(1) relating to the seventy-five-day deadline for filing of a petition after final certification by the county election commission.
11. This section shall control any petition with signatures filed with the county election commission on or after June 25, 1997.
12. Notwithstanding any other law to the contrary, this section shall not apply to any county having a metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census.

Acts 1997, ch. 558, § 33; 2005, ch. 428, § 1; 2012, ch. 1101, § 4; 2013, ch. 231, § 5.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Application to recall petition for city council member, OAG 97-149 (10/23/97).

Scheduling recall election, OAG 00-052 (3/22/00).

To the extent that a city charter authorized a county election commission to set a special election on a date other than the next available general municipal or county election more than 60 days from certification of the recall petition, the charter conflicted with and was superseded by T.C.A. § 2-5-151(f)(2), OAG 01-100 (6/18/01).

A recall election under a city charter is a “special election,” but must be held at the same time as the next “general municipal or county election” more than 60 days from certification of the recall petition, OAG 01-100 (6/18/01).

The redistricting by a city of its council districts during the 75 day signature gathering period in T.C.A. § 2-5-151(f)(2) has no effect on the requirements of T.C.A. §§ 2-5-151(e)(2) and 2-1-107, OAG 01-100 (6/18/01).

If a timely filed petition satisfies all the requirements of this section and the applicable requirements of the city charter, then the county election commission may conduct the referendum with a general city-wide judicial election, OAG 03-109 (9/8/03).

Whether subsection (j) of this section or T.C.A. § 6-53-108 supersedes a municipal charter provision on recall depends on whether the charter conflicts with either of the statutes, OAG 04-135 (8/23/04).

Recall petitions in multi-district cities or counties.  OAG 12-56, 2012 Tenn. AG LEXIS 56 (5/21/12).

Removal of county property assessor for misconduct.  OAG 13-30, 2013 Tenn. AG LEXIS 31 (4/5/13).

Referendum on deannexation.  OAG 13-45, 2013 Tenn. AG LEXIS 47 (6/11/13).

Part 2
Ballots and Supplies

2-6-101. Purpose of chapter and part — Construction.

1. The purpose of this chapter is to provide a means for qualified voters to cast their votes when they would otherwise be unable to vote.
2. The purpose of this part is to establish an early voting period when eligible registered voters may vote before an election at the county election commission office or another polling place appropriately designated by the county election commission.
3. To prevent fraud in an election, strict compliance with the provisions of this chapter is required.

Acts 1972, ch. 740, § 1; T.C.A., § 2-601; Acts 1994, ch. 859, § 2; 1995, ch. 88, § 9.

Compiler's Notes. Former chapter 6 was rearranged by Acts 1994, ch. 859, which divided the chapter into five parts, and transferred or repealed the existing sections. The following table lists the sections in former chapter 6 and indicates their new location, if any, in parts 1-5 of this chapter.

Former Sections New Sections

2-6-101 2-6-101

2-6-102 2-6-201

2-6-103 2-6-103

2-6-104 2-6-105

2-6-105 2-6-106

2-6-106 2-6-501

2-6-107 2-6-107

2-6-108 2-6-108

2-6-109 2-6-102, 2-6-109

2-6-110 2-6-111

2-6-111 2-6-202

2-6-112 2-6-502

2-6-113 2-6-203

2-6-114 2-6-204

2-6-115 2-6-301

2-6-116 2-6-302

2-6-117 2-6-303

2-6-118 2-6-304

2-6-119 2-6-305

2-6-120 2-6-306

2-6-121 2-6-307

2-6-122 Repealed

2-6-123 2-6-308

2-6-124 Repealed

2-6-125 2-6-309

2-6-126 2-6-310

2-6-127 2-6-311

2-6-128 2-6-312

2-6-129 2-6-401

2-6-130 2-6-503

Former §§ 2-6-122 and 2-6-124 (Acts 1972, ch. 740, § 1; 1977, ch. 70, § 1; 1978, ch. 814, § 3; 1978, ch. 861, § 2; T.C.A., § 2-622; Acts 1991, ch. 184, § 4), concerning the forms for application for absentee voting by personal appearance and for certification of nonregistration, were repealed by Acts 1994, ch. 859, § 2.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 12.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

The Right to Vote Under State Constitutions (Joshua A. Douglas), 67 Vand. L. Rev. 89 (2014).

Attorney General Opinions. Early voting at satellite locations, OAG 06-128 (8/15/06).

2-6-102. Early voting applications — Ballots — Time for voting.

1. 1. A voter who desires to vote early shall go to the county election commission office or another polling place appropriately designated by the county election commission within the posted hours not more than twenty (20) days nor less than five (5) days before the day of the election. A voter desiring to vote in the early voting period shall sign an application for a ballot.
   2. The state coordinator shall supply or approve the form of the application for a ballot.
2. 1. Except as provided in subdivision (b)(2), in the case of a regular or special general election not held in conjunction with the regular August or November general elections, or held in conjunction with the May primary called pursuant to § 2-13-203 or the presidential preference primary, if there is no opposition for any of the offices involved, including any write-in candidate that has filed the appropriate notice pursuant to § 2-7-133(i), there shall not be an early voting period. In the case of a May primary called pursuant to § 2-13-203 or a special primary for state or federal offices, if there is no opposition on either primary ballot for any of the offices involved, including any write-in candidate that has filed the appropriate notice pursuant to § 2-8-113(c), there shall not be an early voting period.
   2. Subdivision (b)(1) shall not apply to municipal elections held in the largest municipality located in a county having a metropolitan form of government which has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
3. Notwithstanding subdivision (a)(1), when a presidential preference primary is held or an election is held at the same time as a presidential preference primary, a voter who desires to vote early for such elections shall go to the county election commission office within the posted hours not more than twenty (20) days nor less than seven (7) days before the day of the election. This subsection (c) shall not apply to voting pursuant to § 2-6-601.
4. [Deleted by 2018 amendment.]

Acts 1972, ch. 740, § 1; T.C.A., § 2-609; Acts 1982, ch. 665, § 2; 1991, ch. 69, § 1; T.C.A., § 2-6-109; Acts 1994, ch. 859, § 2; 2011, ch. 115, § 1; 2011, ch. 381, § 1; 2012, ch. 1101, § 5; 2016, ch. 650, § 1; 2018, ch. 842, §§ 3-5.

Compiler's Notes. For transfer of former section in 1994, see the Compiler's Notes under § 2-6-101.

For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2016 amendment added (d).

The 2018 amendment  rewrote (b)(1) which read: “(1)  Except as provided in subdivision (b)(2), in the case of a municipal election not held in conjunction with any primary election, the regular August or November general elections, or any special primary or special general election for state or federal offices, if there is no opposition, including any write-in candidate that has filed the appropriate notice pursuant to § 2-7-133(i), for any of the offices involved, there shall not be an early voting period.”; added the last sentence in (c); and deleted former (d) which read: “In the case of a special general election, if there is no opposition, including any write-in candidate that has filed the appropriate notice pursuant to § 2-7-133(i), for any of the offices involved and no other items are on the ballot, there shall not be an early voting period.”

Effective Dates. Acts 2016, ch. 650, § 2. July 1, 2016.

Acts 2018, ch. 842, § 6. April 26, 2018.

Law Reviews.

New Kind of Voter Suppression in Modern Elections, 49 U. Mem. L. Rev. 1019 (Summer 2019).

2-6-103. County election commission office hours.

1. 1. The county election commission office or another polling place appropriately designated by the county election commission shall be open a minimum of three (3) consecutive hours each weekday including Saturdays between the hours of eight o'clock a.m. (8:00 a.m.) and six o'clock p.m. (6:00 p.m.) prevailing time during the period provided to apply to vote early. For a municipality with a population of less than five thousand (5,000), according to the 1990 federal census or any subsequent federal census, the municipal governing body may determine the Saturday schedule of early voting for municipal elections.
   2. If the proper notice under subsection (c) is made, a county election commission may close its office on a state holiday during the period established for early voting.
2. 1. On at least three (3) days during the early voting period for those offices listed in § 2-13-202, or for any state or federal election, the county election commission office shall remain open between four-thirty p.m. (4:30 p.m.) and seven o'clock p.m. (7:00 p.m.), and on at least one (1) Saturday during the same period the office shall be open from eight o'clock a.m. (8:00 a.m.) to four o'clock p.m. (4:00 p.m.). The county election commission shall determine the appropriate dates for both late and regular hours at the commission office. This subsection (b) shall apply only to those counties with a population in excess of one hundred fifty thousand (150,000), according to the 1970 census.
   2. In counties affected by this subsection (b), this subsection (b) shall also apply to municipal elections for the principal municipality of the county. For such municipal elections, the municipal governing body and the county election commission shall jointly determine the appropriate dates for additional hours. The municipality shall be responsible for the costs of such additional hours.
3. Notice of the office hours shall be given by the county election commission not less than twenty-five (25) days prior to the day of election by publication in a newspaper of general circulation.

Acts 1972, ch. 740, § 1; 1979, ch. 228, § 1; T.C.A., § 2-603; Acts 1985, ch. 238, §§ 1-4; 1994, ch. 859, §§ 2, 12; 1996, ch. 1028, § 1; 2009, ch. 218, § 2; 2012, ch. 1101, § 6.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Commission office hours during early voting period for convenient voting centers, § 2-3-307.

Newspaper of general circulation defined, § 2-1-104.

2-6-104. Voting machines for early voting.

1. A county election commission may use voting machines for early voting. The county election commission shall choose one (1) of the following options for its method of early voting:
   1. Place all races on a machine ballot;
   2. Place some of the races on a machine ballot and part of the races on a paper ballot; or
   3. Place all races on a paper ballot.
2. 1. No single mechanical lever machine may have more than nine hundred ninety-nine (999) voters using a single machine during the early voting period.
   2. No single direct recording electronic (DRE) voting system may have more than nine thousand nine hundred ninety-nine (9,999) voters using a single machine during the early voting period.
3. The county election commission shall secure each voting machine used in early voting to prohibit tampering and shall also provide maximum security that allows no other person, except for persons designated by the election commission or the administrator of elections, to have access to the room or facility in which the voting machines, ballots and other election supplies are stored.
4. The coordinator of elections shall, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules and regulations for use of voting machines for early voting. These rules and regulations shall include appropriate provisions for the security of the machines.

Acts 1994, ch. 859, § 2; 1997, ch. 558, § 18.

Compiler's Notes. For transfer of former section in 1994, see the Compiler's Notes under § 2-6-101.

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-6-105. Voter assistance — Assistance by person convicted of voter fraud prohibited.

1. Persons voting early are entitled to the same assistance in voting they would be entitled to if they appeared to vote on election day. The procedures under § 2-7-116 govern how assistance should be given.
2. Notwithstanding subsection (a), a person convicted of voter fraud in any state shall not assist a person in voting under this section.

Acts 1972, ch. 740, § 1; T.C.A., § 2-604; Acts 1980, ch. 638, § 9; T.C.A., § 2-6-104; Acts 1994, ch. 859, §§ 2, 12; 1995, ch. 88, § 1; 2019, ch. 271, § 1.

Compiler's Notes. For transfer of former section in 1994, see the Compiler's Notes under § 2-6-101.

Amendments. The 2019 amendment added (b).

Effective Dates. Acts 2019, ch. 271, § 5. April 30, 2019.

2-6-106. Voter unable to write signature or make mark — Assistance by person convicted of voter fraud prohibited.

1. If an applicant or voter is so disabled that the applicant or voter cannot write a signature or make a mark where required, the action of the person who offers assistance shall be witnessed by one (1) additional person. Both the person giving assistance and the witness shall sign their names and provide their addresses.
2. Notwithstanding subsection (a), a person convicted of voter fraud in any state shall not assist a person in voting under this section.

Acts 1972, ch. 740, § 1; T.C.A., § 2-605; Acts 1980, ch. 638, § 10; T.C.A., § 2-6-105; Acts 1994, ch. 859, § 2; 2019, ch. 271, § 2.

Compiler's Notes. For transfer of former section in 1994, see the Compiler's Notes under § 2-6-101.

Amendments. The 2019 amendment added (b).

Effective Dates. Acts 2019, ch. 271, § 5. April 30, 2019.

2-6-107. Application and supplies limited.

The election commission shall furnish only one (1) application for early voting or one (1) set of early voting supplies to any voter unless the voter notifies the commission that the voter has spoiled the application or notifies the commission that the voter has not received the application or voting supplies. If so, the commission shall supply the voter with a subsequent application or supplies. The commission shall note on the records that a subsequent application or supplies have been sent.

Acts 1972, ch. 740, § 1; T.C.A., § 2-607; Acts 1993, ch. 518, § 7; 1994, ch. 859, §§ 2, 12.

2-6-108. Attesting officials.

In each county, the county election commissioners of the minority party may appoint one (1) early voting deputy who shall receive as compensation for each day spent in such service the same pay as an election official in the county for which such person is appointed.

Acts 1972, ch. 740, § 1; 1973, ch. 305, §§ 1, 2; 1979, ch. 306, § 12; T.C.A., § 2-608; Acts 1982, ch. 566, § 1; 1988, ch. 651, § 1; 1988, ch. 933, § 8; 1994, ch. 859, §§ 2, 12; 1995, ch. 88, § 2.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-6-109. Verification of signature — Voting — Affidavits — Voting booths.

1. 1. Upon completion of the application, the administrator of elections shall compare the signature of the voter with the signature on the voter's permanent registration record, or other evidence of identification if computerized duplicate registration records are used, and shall endorse on the application that the two (2) signatures are, or are not, the same. The administrator shall make a determination whether the voter's address is different from the address on the voter's permanent registration record or if the registration is in inactive status. If the voter has changed residence, or the voter's registration is inactive, the administrator shall follow the procedures for voting pursuant to § 2-7-140. Upon determination that the voter is entitled to vote early in the election, the administrator shall hand to the voter, after recording the ballot number on the voter's permanent registration record:
      1. Instructions; and
      2. One (1) early voting ballot or one (1) primary early voting ballot or both.
   2. In a computerized county, the administrator may record the ballot number on the computer-generated duplicate registration record or the voter's application to vote.
2. The voter shall show the unmarked ballot to the early voting official, mark the ballot in secret at the place provided in the commission office, either fold the ballot or place it in a secrecy sleeve provided by the election commission in order to preserve the secrecy of the ballot, and return to the early voting official.
3. 1. The early voting official shall direct the voter to the correct general election early voting ballot box and/or party primary early voting ballot box according to the election and precinct in which the voter voted. The voter shall deposit the ballot in the appropriate ballot box or boxes.
   2. Except in cases in which computerized duplicate registration records are used, the attesting official shall, in the presence of the voter, note on the voter's duplicate permanent registration record that the voter has voted early in the election and in every case, including those counties in which computerized duplicate registration records are used, record the voter's name on the early voting poll book for each election in which the voter voted.
   3. In those counties in which computerized duplicate registration records are used, the attesting official shall update the voter's computerized voter history by making the appropriate data entry.
4. A county election commission may use any voting machine authorized for use under chapter 9 of this title for early voting.
5. The county election commission must provide a place where the voter may mark the ballot in complete secrecy and privacy.

Acts 1972, ch. 740, § 1; 1979, ch. 316, § 2; T.C.A., § 2-609; Acts 1982, ch. 665, § 2; 1988, ch. 993, §§ 1, 2; 1989, ch. 591, § 113; 1991, ch. 69, § 1; 1994, ch. 859, §§ 2, 12; 1995, ch. 88, §§ 3-5; 1997, ch. 550, § 6; 1997, ch. 558, § 15.

Compiler's Notes. For transfer of former subsection (a) in 1994, see the Compiler's Notes under § 2-6-101.

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-6-110. Early voting application — Uniform forms.

The coordinator of elections shall adopt a uniform form for each county election commission for an application for early voting.

Acts 1994, ch. 859, § 2.

2-6-111. Filling out application to vote early.

The administrator of elections shall fill out the application to vote early except for the applicant's signature or mark.

Acts 1972, ch. 740, § 1; T.C.A., §§ 2-610, 2-6-110; Acts 1994, ch. 859, §§ 2, 12; 1995, ch. 88, § 6.

Compiler's Notes. For transfer of former section in 1994, see the Compiler's Notes under § 2-6-101.

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Cross-References. Form of affidavit, § 2-6-109.

Form of application, § 2-6-110.

2-6-112. Satellite voting location — Option not to have early voting.

1. Upon the request of a municipality, for elections at a time other than the regular August or regular November election, the county election commission shall establish a satellite voting location for early voting within the corporate limits of such municipality. The municipality shall be responsible for the costs of such voting location.
2. Upon the request of a municipality that has established a satellite voting location under subsection (a), the county election commission may choose not to have early voting at the county election commission office.

Acts 2000, ch. 593, § 1; 2006, ch. 642, § 4.

Compiler's Notes. For transfer or repeal of former § 2-6-112 in 1994, see the Compiler's Notes under § 2-6-101.

2-6-113. Designation of satellite location outside boundaries of one of counties where municipality lies in two or more counties.

Notwithstanding any law to the contrary, if a municipality is located within two (2) or more counties of the state, then the county election commissions of each respective county may, by written mutual agreement of the counties, designate one (1) satellite location for early voting outside the boundaries of one (1) of the respective counties; provided, that the location for early voting is within the limits of the municipality and within five hundred feet (500') of the county boundary line.

Acts 2014, ch. 697, § 2.

Effective Dates. Acts 2014, ch. 697, § 3. April 15, 2014.

Part 2
Absentee Voting

NOTES TO DECISIONS

1. Election Challenge.

Where a candidate lost a judicial election by 119 votes and alleged that irregularities involving the time limit for voting, the use of paper ballots, and evidence of identification warranted a new election, the complaint was properly dismissed in part because the allegations of misconduct on the part of election officials were insufficient to taint the election; however, the complaint stated a cause of action upon which relief could be granted on the basis that the number of claimed illegal votes cast was 120 or more. Stuart v. Anderson County Election Comm'n, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 215 (Tenn. Ct. App. Apr. 13, 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 824 (Tenn. Ct. App. 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 823 (Tenn. Ct. App. 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 831 (Tenn. Sept. 17, 2007).

NOTES TO DECISIONS

1. In General.

The case law of this state recognizes that statutory violations alone may be sufficient to invalidate an election, especially where they thwart those statutory provisions designed to: (1) prevent undue influence or intimidation of the free and fair expression of the will of the electors; or (2) ensure that only those who meet the statutory requirements for eligibility to vote, cast ballots. But not every irregularity, or even a combination of irregularities, will necessitate the invalidation of an election. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

Courts should be appropriately reluctant to take the step of declaring an election invalid. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

If a complaint had been properly drawn, the purging by the trial court of a specific number of paper ballots in a particular precinct might well have been appropriate. But in the complaint, the contestant failed to demonstrate that a purge of those ballots would have changed the result of the election or rendered its outcome uncertain. Therefore, the court had no choice but to conclude that the chancellor correctly dismissed the complaint for failure to state a claim. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

The allegations of the complaint were insufficient to show, district-wide, that the election was so permeated by fraud or illegality as to render the results incurably uncertain or to thwart the will of the electorate. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

NOTES TO DECISIONS

1. Constitutionality.

The exercise of free speech rights conflicts with another fundamental right, the right to cast a ballot in an election free from the taint of intimidation and fraud. Some restricted zone around polling places is necessary to protect that fundamental right. Given the conflict between these two rights, requiring solicitors to stand 100 feet from the entrances to polling places does not constitute an unconstitutional compromise. Freeman v. Burson, 802 S.W.2d 210, 1990 Tenn. LEXIS 337 (Tenn. 1990), rev'd, 504 U.S. 191, 112 S. Ct. 1846, 119 L. Ed. 2d 5, 1992 U.S. LEXIS 3125 (1992), rehearing denied, — S.W.2d —, 1992 Tenn. LEXIS 683 (Tenn. Dec. 7, 1992).

A state has a compelling interest in protecting voters from confusion and undue influence. Freeman v. Burson, 802 S.W.2d 210, 1990 Tenn. LEXIS 337 (Tenn. 1990), rev'd, 504 U.S. 191, 112 S. Ct. 1846, 119 L. Ed. 2d 5, 1992 U.S. LEXIS 3125 (1992), rehearing denied, — S.W.2d —, 1992 Tenn. LEXIS 683 (Tenn. Dec. 7, 1992).

The state supreme court held that the state showed a compelling interest in banning solicitation of voters or distribution of campaign materials within the polling place itself, but that T.C.A. § 2-7-111 was not narrowly tailored to advance the state's interest; however, the U.S. Supreme Court, reversing, held that this statute was constitutional. The state supreme court found that the statute prohibited all campaign activity from an arc of 100 feet from every entrance to the polling places, and in many instances, this arc would extend onto public streets and sidewalks, and that the state did not show a compelling interest in the 100 foot radius; and that, therefore, T.C.A. §§ 2-7-111 and 2-19-119, which provide criminal penalties for violations of this section, were constitutionally invalid. Freeman v. Burson, 802 S.W.2d 210, 1990 Tenn. LEXIS 337 (Tenn. 1990), rev'd, 504 U.S. 191, 112 S. Ct. 1846, 119 L. Ed. 2d 5, 1992 U.S. LEXIS 3125 (1992), rehearing denied, — S.W.2d —, 1992 Tenn. LEXIS 683 (Tenn. Dec. 7, 1992).

T.C.A. § 2-7-111 is content based because it regulates a specific subject matter, the solicitation of votes and the display or distribution of campaign materials, and a certain category of speakers, campaign workers. Freeman v. Burson, 802 S.W.2d 210, 1990 Tenn. LEXIS 337 (Tenn. 1990), rev'd, 504 U.S. 191, 112 S. Ct. 1846, 119 L. Ed. 2d 5, 1992 U.S. LEXIS 3125 (1992), rehearing denied, — S.W.2d —, 1992 Tenn. LEXIS 683 (Tenn. Dec. 7, 1992).

NOTES TO DECISIONS

1. “Illegal” Votes.

No individual who voted in the election was not a registered voter, and as such, there was absolutely no proof that the result of the election would be different by even one vote had these registered voters been required to present additional evidence of identification, given that they were all properly registered voters; because the result of the election would have been the same even if additional identification had been requested and presented, none of the votes were “illegal”, and, therefore, the extreme remedy of voiding the election was not appropriate. Stuart v. Anderson County Election Comm'n, 300 S.W.3d 683, 2009 Tenn. App. LEXIS 91 (Tenn. Ct. App. Feb. 27, 2009).

2. Effect of Challenge.

If a voter is challenged on the ground that he is not a registered voter at that polling place, and the voter does not protest and assert that he is qualified to vote there, he is bound by the challenge even if the officials are incorrect. Taylor v. Armentrout, 632 S.W.2d 107, 1981 Tenn. LEXIS 520 (Tenn. 1981).

Where a candidate lost a judicial election by 119 votes and alleged that irregularities involving the time limit for voting, the use of paper ballots, and evidence of identification warranted a new election, the complaint was properly dismissed in part because the allegations of misconduct on the part of election officials were insufficient to taint the election; however, the complaint stated a cause of action upon which relief could be granted on the basis that the number of claimed illegal votes cast was 120 or more. Stuart v. Anderson County Election Comm'n, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 215 (Tenn. Ct. App. Apr. 13, 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 824 (Tenn. Ct. App. 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 823 (Tenn. Ct. App. 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 831 (Tenn. Sept. 17, 2007).

The term “entities of this state” within former T.C.A. § 2-7-112(c)(2)(A) did not include local government entities and their instrumentalities. Turner-Golden v. Hargett, — F. Supp. 2d —, 2012 U.S. Dist. LEXIS 109009 (M.D. Tenn. Aug. 3, 2012).

3. Constitutionality.

Provision of the Tennessee Voter Identification Act, T.C.A. § 2-7-112, which required that all citizens who appeared in person to vote had to present photographic proof of their identity was valid because the provision did not violate the Tennessee Constitution. City of Memphis v. Hargett, — S.W.3d —, 2013 Tenn. LEXIS 1101 (Tenn. Oct. 17, 2013).

NOTES TO DECISIONS

1. In General.

The case law of this state recognizes that statutory violations alone may be sufficient to invalidate an election, especially where they thwart those statutory provisions designed to: (1) Prevent undue influence or intimidation of the free and fair expression of the will of the electors; or (2) Ensure that only those who meet the statutory requirements for eligibility to vote, cast ballots. But not every irregularity, or even a combination of irregularities, will necessitate the invalidation of an election. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

Courts should be appropriately reluctant to take the step of declaring an election invalid. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

2. Validity of Ballot.

It is apparent that the general assembly contemplated that persons marking ballots might not do so in literal compliance with the provisions of the statutes. The last sentence of T.C.A. § 2-7-133(b) indicates a legislative intent that a ballot which is not perfectly marked may still be counted if the intent of the voter can be ascertained therefrom. Hall v. Pate, 611 S.W.2d 577, 1981 Tenn. LEXIS 403 (Tenn. 1981).

If a complaint had been properly drawn, the purging by the trial court of a specific number of paper ballots in a particular precinct might well have been appropriate. But in the complaint, the contestant failed to demonstrate that a purge of those ballots would have changed the result of the election or rendered its outcome uncertain. Therefore, the court had no choice but to conclude that the chancellor correctly dismissed the complaint for failure to state a claim. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

The allegations of the complaint were insufficient to show, district-wide, that the election was so permeated by fraud or illegality as to render the results incurably uncertain or to thwart the will of the electorate. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

The requirement that a voter designate the candidate of his choice by a cross (X) is not mandatory in the sense that a voter who uses a different mark, such as a check mark, will be deprived of his vote, where the intention is clear. Menees v. Ewing, 141 Tenn. 399, 210 S.W. 648, 1918 Tenn. LEXIS 102 (1918).

Ballots marked opposite blank space reserved for write-in candidate were not as a matter of law required to be counted for a candidate whose name appeared immediately above such blank space. Reeder v. Holt, 220 Tenn. 428, 418 S.W.2d 249, 1967 Tenn. LEXIS 424 (1967).

If a voter makes his choice clear and obvious his vote should be counted but if it is impossible to determine the voter's choice for any office from the face of the ballot his vote should not be counted. Reeder v. Holt, 220 Tenn. 428, 418 S.W.2d 249, 1967 Tenn. LEXIS 424 (1967).

The question of whether disputed ballots should have been counted by election judges was a question to be determined from what appeared on the face of each ballot and not on evidence aliunde. Reeder v. Holt, 220 Tenn. 428, 418 S.W.2d 249, 1967 Tenn. LEXIS 424 (1967).

3. —Intention of Voter.

Even though a voter did not make a mark opposite the written-in name, his acts of obtaining a paper ballot and writing the name of appellee strongly indicated his intention to vote for a write-in candidate. Hall v. Pate, 611 S.W.2d 577, 1981 Tenn. LEXIS 403 (Tenn. 1981).

Collateral References.

Challenges to Write-in Ballots and Certification of Write-in Candidates. 75 A.L.R.6th 311.

NOTES TO DECISIONS

1. Constitutionality.

This section, in requiring that voters who are blind or otherwise disabled reveal their vote to two election judges under certain circumstances in order to receive voting assistance, in effect establishes two classes of voters with respect to voting secrecy, which classification has a rational basis and is justified by a compelling state need, and this section does not violate the equal protection of laws clause of U.S. Const., amend. 14 or amend. 15, nor Tenn. Const., art. IV, § 1. Smith v. Dunn, 381 F. Supp. 822, 1974 U.S. Dist. LEXIS 7417 (M.D. Tenn. 1974).

2. Election Contest.

Judgment declaring the candidate's opponent the winner of the election was affirmed in accordance with T.R.A.P. 24(c), because the appellate court must presume that the evidence supported the trial court's findings and ultimate conclusion that the candidate had not proven that the two votes were illegal such that a new election should be ordered; in order for the candidate to prove that there were two illegal votes, he must demonstrate that the two voters voted by paper ballot when all others voters voted by machine, and that these two voters did not use a paper ballot because they were in need of assistance pursuant to T.C.A. § 2-7-116. Reinhardt v. Neal, 241 S.W.3d 472, 2007 Tenn. App. LEXIS 368 (Tenn. Ct. App. June 11, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 919 (Tenn. Oct. 15, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 947 (Tenn. Oct. 22, 2007).

Collateral References.

Voting rights of persons mentally incapacitated. 80 A.L.R.3d 1116.

NOTES TO DECISIONS

1. In General.

The case law of this state recognizes that statutory violations alone may be sufficient to invalidate an election, especially where they thwart those statutory provisions designed to: (1) Prevent undue influence or intimidation of the free and fair expression of the will of the electors; or (2) Ensure that only those who meet the statutory requirements for eligibility to vote, cast ballots. But not every irregularity, or even a combination of irregularities, will necessitate the invalidation of an election. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

Courts should be appropriately reluctant to take the step of declaring an election invalid. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

Where a candidate lost a judicial election by 119 votes and alleged that irregularities involving the time limit for voting, the use of paper ballots, and evidence of identification warranted a new election, the complaint was properly dismissed in part because the allegations of misconduct on the part of election officials were insufficient to taint the election; however, the complaint stated a cause of action upon which relief could be granted on the basis that the number of claimed illegal votes cast was 120 or more. Stuart v. Anderson County Election Comm'n, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 215 (Tenn. Ct. App. Apr. 13, 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 824 (Tenn. Ct. App. 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 823 (Tenn. Ct. App. 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 831 (Tenn. Sept. 17, 2007).

Voters in the election were faced with a ballot presented to them that was of such length that 46% of the voters took longer than five minutes and 5% of the voters took ten minutes or more to vote, and to hold these votes illegal would be to disenfranchise those voters for something over which they had neither the control nor the responsibility; there was no evidence that any voter who exceeded the time limit did so for an improper purpose or for any reason other than the length of the ballot. Stuart v. Anderson County Election Comm'n, 300 S.W.3d 683, 2009 Tenn. App. LEXIS 91 (Tenn. Ct. App. Feb. 27, 2009).

NOTES TO DECISIONS

1. Election Challenge.

Where a candidate lost a judicial election by 119 votes and alleged that irregularities involving the time limit for voting, the use of paper ballots, and evidence of identification warranted a new election, the complaint was properly dismissed in part because the allegations of misconduct on the part of election officials were insufficient to taint the election; however, the complaint stated a cause of action upon which relief could be granted on the basis that the number of claimed illegal votes cast was 120 or more. Stuart v. Anderson County Election Comm'n, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 215 (Tenn. Ct. App. Apr. 13, 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 824 (Tenn. Ct. App. 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 823 (Tenn. Ct. App. 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 831 (Tenn. Sept. 17, 2007).

NOTES TO DECISIONS

1. In General.

The case law of this state recognizes that statutory violations alone may be sufficient to invalidate an election, especially where they thwart those statutory provisions designed to: (1) Prevent undue influence or intimidation of the free and fair expression of the will of the electors; or (2) Ensure that only those who meet the statutory requirements for eligibility to vote, cast ballots. But not every irregularity, or even a combination of irregularities, will necessitate the invalidation of an election. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

Courts should be appropriately reluctant to take the step of declaring an election invalid. Forbes v. Bell, 816 S.W.2d 716, 1991 Tenn. LEXIS 349 (Tenn. 1991).

NOTES TO DECISIONS

1. In General.

It is apparent from the provisions of T.C.A. § 2-7-133 that the intention of the voter is paramount and should be honored if it can be reasonably ascertained. Hall v. Pate, 611 S.W.2d 577, 1981 Tenn. LEXIS 403 (Tenn. 1981).

Candidate could not proceed under the Declaratory Judgment Act because an allegation against the Tennessee State Election Commission (TSEC) pertaining to an unconstitutional statute was a threshold requirement to remove or waive immunity, and the candidate did not make such an allegation but sought a declaration as to the TSEC's duty to educate voters; accordingly, the chancery court lacked jurisdiction to hear his suit for declaratory judgment under the Act. Johnston v. Tenn. State Election Comm'n, — S.W.3d —, 2016 Tenn. App. LEXIS 723 (Tenn. Ct. App. Sept. 27, 2016), appeal denied, — S.W.3d —, 2017 Tenn. LEXIS 49 (Tenn. Jan. 19, 2017).

If a voter makes his choice clear and obvious his vote should be counted but if it is impossible to determine the voter's choice for any office from the face of the ballot his vote should not be counted. Reeder v. Holt, 220 Tenn. 428, 418 S.W.2d 249, 1967 Tenn. LEXIS 424 (1967).

The question of whether disputed ballots should have been counted by election judges was a question to be determined from what appeared on the face of each ballot and not on evidence aliunde. Reeder v. Holt, 220 Tenn. 428, 418 S.W.2d 249, 1967 Tenn. LEXIS 424 (1967).

2. Constitutionality.

Trial court properly dismissed a write-in candidate's constitutional challenge to the write-in candidate statute because the statute was constitutional as written and as applied where it was narrowly written to allow election officials to know the supplies needed and the instructions to give to poll officials in order to accommodate those who wished to write-in their votes, the Election Code was comprehensive, and the candidate acknowledged that he did not comply with the requirements. Johnston v. Davidson County Election Comm'n, — S.W.3d —, 2014 Tenn. App. LEXIS 171 (Tenn. Ct. App. Mar. 26, 2014), review denied and ordered not published, — S.W.3d —, 2014 Tenn. LEXIS 684 (Tenn. Sept. 22, 2014).

3. Legislative Intent.

It is apparent that the General Assembly contemplated that persons marking ballots might not do so in literal compliance with the provisions of the statutes. The last sentence of subsection (b) indicates a legislative intent that a ballot which is not perfectly marked may still be counted if the intent of the voter can be ascertained therefrom. Hall v. Pate, 611 S.W.2d 577, 1981 Tenn. LEXIS 403 (Tenn. 1981).

4. Writing Name of Candidate.

Even though a voter did not make a mark opposite the written-in name, his acts of obtaining a paper ballot and writing the name of appellee strongly indicated his intention to vote for a write-in candidate. Hall v. Pate, 611 S.W.2d 577, 1981 Tenn. LEXIS 403 (Tenn. 1981).

5. Ballots Marked Opposite Space for Write-ins.

Ballots marked opposite blank space reserved for write-in candidate were not as a matter of law required to be counted for candidate whose name appeared immediately above such blank space. Reeder v. Holt, 220 Tenn. 428, 418 S.W.2d 249, 1967 Tenn. LEXIS 424 (1967).

Collateral References.

Challenges to Write-in Ballots and Certification of Write-in Candidates. 75 A.L.R.6th 311.

NOTES TO DECISIONS

1. Validity of Lists.

Where a list of the names of everyone who worked at a particular place was prepared by the chief officer in each voting place and the secretary of the county election commission then submitted these lists to the chairman of the county court the warrants based on such lists were valid as this constituted a certification of the lists by the commission. Brenner v. State, 217 Tenn. 427, 398 S.W.2d 252, 1965 Tenn. LEXIS 651 (1965).

NOTES TO DECISIONS

1. Application of Section.

Where election returns were certified by only one of three judges but were attested by two clerks and the officer of the election so that it amounted to authentication of the returns by a majority of the election officials, the situation was a proper one for the application of former similar provisions, and the returns could not be rejected even though the procedure was not strictly in accordance with statute. Peeler v. State, 190 Tenn. 615, 231 S.W.2d 321, 1950 Tenn. LEXIS 528 (1950).

2. Absence of Jurat on Oath of Officials.

Absence of jurat on oath signed by election officials was an omission of the character contemplated by former similar provisions, and was not grounds for rejection of election returns by election commission. Peeler v. State, 190 Tenn. 615, 231 S.W.2d 321, 1950 Tenn. LEXIS 528 (1950).

NOTES TO DECISIONS

1. Ministerial Duty.

Losing candidate's claim against a county election commission failed when the candidate's allegation of the winning candidate's disqualification occurred after the election was over because the commission was legally bound in its ministerial capacity to certify the election results. The discretion was not bestowed by the Tennessee General Assembly upon commissions to refrain from certifying election winners on the basis of tardy challenges to a candidate's qualifications. Young v. Stamey, — S.W.3d —, 2020 Tenn. App. LEXIS 118 (Tenn. Ct. App. Mar. 25, 2020).

NOTES TO DECISIONS

1. Election Challenge.

Where a candidate lost a judicial election by 119 votes and alleged that irregularities involving the time limit for voting, the use of paper ballots, and evidence of identification warranted a new election, the complaint was properly dismissed in part because the allegations of misconduct on the part of election officials were insufficient to taint the election; however, the complaint stated a cause of action upon which relief could be granted on the basis that the number of claimed illegal votes cast was 120 or more. Stuart v. Anderson County Election Comm'n, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 215 (Tenn. Ct. App. Apr. 13, 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 824 (Tenn. Ct. App. 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 823 (Tenn. Ct. App. 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 831 (Tenn. Sept. 17, 2007).

NOTES TO DECISIONS

1. Constitutionality.

Dismissal of the voter's suit asserting that the legislation authorizing the use of electronic voting machines in some jurisdictions violated Tenn. Const. art. I, § 5 and Tenn. Const. art. IV, § 1, was affirmed because even if the appellate court were to concede that paperless voting could disenfranchise voters under certain circumstances, there was no indication in the complaint that voters were presently being disenfranchised by the current voting system. Mills v. Shelby County Election Comm'n, 218 S.W.3d 33, 2006 Tenn. App. LEXIS 589 (Tenn. Ct. App. 2006), appeal denied, — S.W.3d —, 2006 Tenn. LEXIS 1184 (Tenn. Dec. 18, 2006).

Collateral References.

Electronic voting systems. 12 A.L.R.6th 523.

NOTES TO DECISIONS

1. Voiding Elections.

Trial court properly refused to declare a city commission election void as none of alleged technical violations were serious enough to warrant voiding the election, and the candidate failed to prove any violation by the county of the T.C.A. § 2-9-110(a) “approval” requirement; no action regarding voting machine keys was taken with the electronic machines because by design they did not have keys, and the certification document was in full compliance with T.C.A. § 2-9-105(c). King v. Sevier County Election Comm'n, 282 S.W.3d 37, 2008 Tenn. App. LEXIS 443 (Tenn. Ct. App. July 31, 2008), appeal denied, King v. Sewer County Election Comm'n, — S.W.3d —, 2009 Tenn. LEXIS 170 (Tenn. Feb. 17, 2009).

NOTES TO DECISIONS

1. Constitutionality.

Chapter 641 of the Public Acts of 1974 amending this section, exempting Benton County from the general laws, violates Tenn. Const., art. XI, § 8. State ex rel. O'Brien v. Massengill, 756 S.W.2d 246, 1988 Tenn. LEXIS 165 (Tenn. 1988).

2. Election Challenge.

Where a candidate lost a judicial election by 119 votes and alleged that irregularities involving the time limit for voting, the use of paper ballots, and evidence of identification warranted a new election, the complaint was properly dismissed in part because the allegations of misconduct on the part of election officials were insufficient to taint the election; however, the complaint stated a cause of action upon which relief could be granted on the basis that the number of claimed illegal votes cast was 120 or more. Stuart v. Anderson County Election Comm'n, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 215 (Tenn. Ct. App. Apr. 13, 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 824 (Tenn. Ct. App. 2007), rehearing denied, 237 S.W.3d 297, 2007 Tenn. App. LEXIS 823 (Tenn. Ct. App. 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 831 (Tenn. Sept. 17, 2007).

NOTES TO DECISIONS

1. Voiding Elections.

Trial court properly refused to declare a city commission election void as none of alleged technical violations were serious enough to warrant voiding the election, and the candidate failed to prove any violation by the county of the T.C.A. § 2-9-110(a) “approval” requirement; no action regarding voting machine keys was taken with the electronic machines because by design they did not have keys, and the certification document was in full compliance with T.C.A. § 2-9-105(c). King v. Sevier County Election Comm'n, 282 S.W.3d 37, 2008 Tenn. App. LEXIS 443 (Tenn. Ct. App. July 31, 2008), appeal denied, King v. Sewer County Election Comm'n, — S.W.3d —, 2009 Tenn. LEXIS 170 (Tenn. Feb. 17, 2009).

NOTES TO DECISIONS

1. Balloting System.

Dismissal of the voter's suit asserting that the legislation authorizing the use of electronic voting machines in some jurisdictions violated Tenn. Const. art. I, § 5 and Tenn. Const. art. IV, § 1, was affirmed because even if the appellate court were to concede that paperless voting could disenfranchise voters under certain circumstances, there was no indication in the complaint that voters were presently being disenfranchised by the current voting system. Mills v. Shelby County Election Comm'n, 218 S.W.3d 33, 2006 Tenn. App. LEXIS 589 (Tenn. Ct. App. 2006), appeal denied, — S.W.3d —, 2006 Tenn. LEXIS 1184 (Tenn. Dec. 18, 2006).

2-10-101. Short title — Application — Administration — Adoption of more stringent requirements.

1. This part shall be known and may be cited as the “Campaign Financial Disclosure Act of 1980.”
2. 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).
3. 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.
4. The registry of election finance shall have the jurisdiction to administer and enforce the provisions of this part concerning campaign financial disclosure.
5. 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.

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; 2013, ch. 231, § 10.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Disclosure statements of conflict of interests, title 8, ch. 50, part 5.

Lobbyist registration and disclosure, title 3, ch. 6.

Registry of election finance, title 2, ch. 10, part 2.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4; 10 Tenn. Juris., Elections, § 24.

Law Reviews.

Constitutional Law — Bemis Pentecostal Church v. State: The Validity of Tennessee's Campaign Disclosure Act, 18 Mem. St. U.L. Rev. 324 (1989).

First Amendment and “Foreign-Controlled” U.S. Corporations: Why Congress Ought to Affirm Domestic Subsidiaries’ Corporate Political-Speech Rights (Scott L. Friedman), 46 Vand. J. Transnat’l L. 613 (2013).

Mistaken Identity: Unveiling the Property Characteristics of Political Money, 53 Vand. L. Rev. 1235 (2000).

Professional Responsibilities of Lobbyists (William R. Bruce), 23 Mem. St. U.L. Rev. 547 (1993).

Attorney General Opinions. Anonymous campaign contributions, OAG 97-065 (5/12/97).

Candidate's acceptance of contributions for primary election that may not occur, OAG 97-137 (10/06/97).

Surplus campaign funds of deceased candidate for state or local office, OAG 99-118 (5/14/99).

Neither the Campaign Financial Disclosure Act or the Campaign Contribution Limits Act contains any time limitation on when a multicandidate political campaign committee must support or oppose a second candidate or measure, OAG 03-112 (9/9/03).

2-10-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Affiliated political campaign committees” means political campaign committees established, financed, maintained, or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons;
   1. All committees established, financed, maintained or controlled by a single corporation and/or its subsidiaries shall be affiliated political campaign committees;
   2. All committees established, financed, maintained or controlled by a single national or international union and/or its local unions or other subordinate organizations shall be affiliated political campaign committees;
   3. All committees established, financed, maintained or controlled by an organization of national or international unions and/or all its state and the local central bodies shall be affiliated political campaign committees, but such committees shall not be affiliated with the political campaign committees established, financed, maintained or controlled by any union that is a member of the organization;
   4. All committees established, financed, maintained or controlled by a membership organization, other than political party committees, including trade or professional associations and/or related state and local entities of that organization or group shall be affiliated political campaign committees;
   5. All committees established, financed, maintained or controlled by the same person or group of persons shall be affiliated political campaign committees;
   6. Owners, officers, employees, members or other individuals associated with any corporation, labor organization, membership organization, or any other person or group of persons that has established, financed, maintained or controlled a political campaign committee shall not be considered affiliated with such political campaign committee;
2. “Attorney general and reporter” means the attorney general and reporter of Tennessee;
3. “Candidate” means an individual who has made a formal announcement of candidacy or who is qualified under the law of this state to seek nomination for election or elections to public office, or has received contributions or made expenditures except for incidental expenditures to determine if one shall be a candidate, or has given consent for a campaign committee to receive contributions or make expenditures with a view to bringing about the individual's nomination for election or election to state public office;
4. “Contribution” means any advance, conveyance, deposit, distribution, transfer of funds, loan, loan guaranty, personal funds of a candidate, payment, digital currency, gift, or subscription of money or like thing of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, made for the purpose of influencing a measure or nomination for election or the election of any person for public office or for the purpose of defraying any expenses of an officeholder incurred in connection with the performance of the officeholder's duties, responsibilities, or constituent services. “Contribution” shall not be construed to include the following:
   1. Services, including expenses provided without compensation by a candidate or individuals volunteering a portion or all of their time, on behalf of a candidate or campaign committee;
   2. Any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other periodical publication, unless such facilities are owned wholly or in part, or controlled by any political party, political committee or candidate;
   3. Nonpartisan activity designed to encourage individuals to register to vote or to vote;
   4. Any written, oral or electronically transmitted communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to public office;
   5. The use of real or personal property and the cost of invitations, food and beverages not exceeding one hundred dollars ($100), voluntarily provided on an individual's residential premises for candidate related activities; or
   6. For a county executive committee that has annual receipts and expenditures of less than ten thousand dollars ($10,000), receipts and expenditures, including a reasonable amount for rent, by a state or county executive committee or primary board when performing the duties imposed upon them by law; provided, that such receipts and expenditures are segregated from and maintained in a fund separate and apart from any funds used by the party as a political campaign committee, it being the legislative intent that if no separate fund is maintained, all receipts and expenditures of the committee or board shall be subject to the disclosure provisions of this part;
5. “Election” means any general, special or primary election or run-off election, held to approve or disapprove a measure or nominate or elect a candidate for public office;
6. 1. “Expenditure” means a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing a measure or the nomination for election or election of any person to public office;
   2. “Expenditure” also includes the use of campaign funds by an officeholder for the furtherance of the office of the officeholder;
7. “File” or “filed” means the date actually deposited with or received by the appropriate office or the date of the postmark if postmarked and sent by registered or certified mail of the United States postal service;
8. “Measure” means any proposal submitted to the people of the entire state, or any political subdivision of the state, for their approval or rejection at an election, including any proposed law, act or part of an act of the general assembly, or revision of or amendment to the constitution;
9. “Multicandidate political campaign committee” means a political campaign committee to support or oppose two (2) or more candidates for public office or two (2) or more measures;
10. 1. “Person” means an individual, partnership, committee, association, corporation, labor organization or any other organization or group of persons;
    2. Any limited liability company or limited liability partnership created under title 48 shall be considered a person for the purpose of this subdivision (10) and subdivision (1);
11. “Personal funds” means:
    1. Any assets which the candidate had legal right of access to or control over at the time the candidate became a candidate and with respect to which the candidate had either:
       1. Legal and rightful title; or
       2. An equitable interest;
    2. Salary and other earned income from bona fide employment;
    3. Dividends and proceeds from the sale of the candidate's stocks or other investments;
    4. Bequests to the candidate; income from trusts established before candidacy;
    5. Income from trusts established by bequest after candidacy of which the candidate is the beneficiary;
    6. Gifts of a personal nature which had been customarily received prior to candidacy; and
    7. That portion of assets jointly owned with the candidate's spouse which is the candidate's share under the instruments of conveyance or ownership. If no specific share is indicated by such instrument, the value of one-half of the property used shall be considered as personal funds;
12. “Political campaign committee” means:
    1. Any corporation or any other organization making expenditures, except as provided in subdivision (4), to support or oppose a measure; or
    2. Any committee, club, corporation, association, or other group of persons which receives contributions or makes expenditures to support or oppose any candidate for public office or measure during a calendar year in an aggregate amount exceeding one thousand dollars ($1,000);
13. “Public office” means any state public office or local public office filled by the voters;
    1. “Local public office” means any state, county, municipal, school or other district or precinct office or position, including general sessions and juvenile court judges, that is filled by the voters, with the exception that “local public office” does not include any state public office as defined in subdivision (13)(B); and
    2. “State public office” means the offices of governor, member of the general assembly, delegate to a Tennessee constitutional convention, trial judge, chancellor, district attorney general, district public defender, judge of the court of criminal appeals, judge of the court of appeals and supreme court judge; and
14. “Secretary of state” means the secretary of state or the secretary of state's designee.

Acts 1980, ch. 861, § 3; 1982, ch. 658, §§ 1-3; 1984, ch. 683, §§ 5, 7; 1990, ch. 1048, §§ 1-3; 1991, ch. 519, §§ 1, 2; 1992, ch. 988, § 8; 1995, ch. 305, § 59; 1995, ch. 531, §§ 2, 3; 1996, ch. 1005, § 1; 2000, ch. 756, § 12; 2006 (1st Ex. Sess.), ch. 1, § 5; 2011, ch. 389, § 1; 2012, ch. 789, §§ 1, 2; 2015, ch. 379, § 1; 2017, ch. 347, § 1.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Amendments. The 2015 amendment added “digital currency,”  in (4).

The 2017 amendment, in the definition of  “political campaign committee”, deleted former (A) which read: “(A)  A combination of two (2) or more individuals, including any political party governing body, whether state or local, making expenditures, to support or oppose any candidate for public office or measure, but does not include a voter registration program;”; redesignated former (B) and (C) as present (A) and (B); and substituted “during a calendar year in an aggregate amount exceeding one thousand dollars ($1,000)” for “during a calendar quarter in an aggregate amount exceeeding two hundred fifty dollars ($250)” at the end of present (B).

Effective Dates. Acts 2015, ch. 379, § 3. April 30, 2015.

Acts 2017, ch. 347, § 2. May 9, 2017.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 567.

Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 24.

Law Reviews.

Curtailing the Cudgel of “Coordination” by Curing Confusion: How States Can Fix What the Feds Got Wrong on Campaign Finance, 48 U. Mem. L. Rev. 463 (2017).

Attorney General Opinions. Application of campaign contribution limits to donations to constituent service accounts, OAG 95-098 (9/1/95).

Constituent services account, OAG 96-009 (1/24/96).

Independent election expenditures, OAG 96-90 (7/24/96).

Application of campaign finance laws to contributions to officeholder's legal defense fund, OAG 97-146 (10/23/97).

Contribution of candidate's personal funds during legislative session, OAG 98-061 (3/9/98), OAG 98-062 (3/9/98).

Calculation of annual receipts and expenditures of county executive committee, OAG 98-0121 (7/10/98).

Applicability of exemption from definition of “contribution” under subdivision (3)(F), OAG 98-0121 (7/10/98).

Disclosure of receipts by state political parties with multicandidate campaign committees, OAG 98-0121 (7/10/98).

Attribution and disclosure of post-election contribution to successful debt-free candidate, OAG 98-0122 (7/10/98).

Application of campaign finance legislation to limited liability companies, OAG 99-086 (4/8/99).

Surplus campaign funds of deceased candidate for state or local office, OAG 99-118 (5/14/99).

An organization may be a multicandidate political campaign committee, even if it has only received one contribution, OAG 03-112 (9/9/03).

A proposition on the ballot directing the recall of an elected official would qualify as a “measure” within the meaning of subdivision (5) of this section; thus a political campaign committee for a local election to approve or disapprove a measure is required to file a report of all contributions received and all expenditures made by or on behalf of the committee, OAG 04-135 (8/23/04).

Filing of disclosure statements by corporations for independent expenditures.  OAG 10-39, 2010 Tenn. AG LEXIS 39 (3/30/10).

Corporate contributions to political action committees under Acts 2010, ch. 1095.OAG 11-7, 2011 Tenn. AG LEXIS 7 (1/12/11).

Application of campaign finance laws to limited liability companies.  OAG 11-83, 2011 Tenn. AG LEXIS 85 (12/29/11).

State law does not prohibit elected state officials from using state property, including the Executive Residence, for campaign-related activities.  Tennessee’s Campaign Financial Disclosure Act would require the disclosure of expenditures incurred for such campaign-related activities on state property if they constitute either a “contribution” or an “expenditure” as defined under the Act. To the extent that the Governor’s non-personal schedule, including events at the Executive Residence, meets the definition of “public record” as set forth in T.C.A. § 10-7503(a)(1)(A), then it is subject to disclosure under Tennessee’s Public Records Act, unless a state law provides otherwise. OAG 16-48, 2016 Tenn. AG LEXIS 47 (12/22/2016).

2-10-103. Duties of county election commissions.

1. 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.
2. 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.

Compiler's Notes. Former subsection (d) of this section was transferred in 1985 to § 2-10-109(a)(1).

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.

Cross-References. Notaries public, § 8-16-101 et seq.

Attorney General Opinions. Administration of oaths, OAG 94-80 (7/11/94).

2-10-105. Filing of contribution, loan and expenditure statements — Deadlines — Certification of treasurers and other officers — Retention of records — Additional reporting requirements.

1. Each candidate for state public office and political campaign committee in a state election shall file with the registry of election finance a statement of all contributions received and all expenditures made by or on behalf of such candidate or such committee. The statement of each candidate for state public office shall include the date of the receipt of each contribution, and the statement of a political campaign committee in a state election shall include the date of each expenditure that is a contribution to a candidate in any election.
2. Each candidate for local public office and political campaign committee for a local election shall file with each county election commission of the county where the election is held a statement of all contributions received and all expenditures made by or on behalf of such candidate or such committee. The statement of each candidate for local public office shall include the date of the receipt of each contribution, and the statement of a political campaign committee for a local election shall include the date of each expenditure that is a contribution to a candidate in any election.
3. 1. The statements required by subsections (a) and (b) of each candidate, each single candidate political campaign committee, single measure political campaign or multicandidate political campaign committee shall be filed quarterly during an election year, within ten (10) days following the conclusion of the quarterly reports ending March 31, June 30, September 30 and January 15. Such candidate and political campaign committees shall also be required to file a pre-primary statement and pre-general election statement. The pre-primary statement shall cover the period from the last day included in the July quarterly statement through the tenth day before the primary election. Such pre-primary statement is due seven (7) days before the primary election. The pre-general election statement shall cover the period from the last day included in the October quarterly statement through the tenth day before the general election. Such pre-general election statement is due seven (7) days before the general election.
   2. Statements for any runoff election, from the last day included in any prior report through the tenth day before any such election shall be filed not later than seven (7) days before the election.
   3. Any candidate or political campaign committee filing a statement pursuant to subsection (e) before January 16 of the year in which the candidate or committee expects to be involved in an election shall file reports with the registry of election finance or the county election commission, whichever is required by subsections (a) and (b), by January 31 and July 15 immediately succeeding the filing, and semi-annually thereafter until the year of the election. If January 31 or July 15 falls on a Saturday, a Sunday, or a legal holiday, § 1-3-102 shall apply. The ending date of the January 31 reporting period is January 15. The ending date of the July 15 reporting period is June 30. A semiannual report is not required to be made if the reporting date is within sixty (60) days of a report otherwise required by this part.
   4. Each statement required by subsections (a) and (b) shall include transactions occurring since the preceding statement.
4. Each multicandidate political campaign committee shall file reports according to subsection (c)(1). Each report shall include transactions occurring since the preceding report. Such reports shall be made available on the Internet as soon as practicable once such multicandidate political campaign committee has filed such information and the registry has reviewed such statements for accuracy and timeliness. If a multicandidate political campaign committee has not timely filed a quarterly report, then the registry shall post on the Internet that the multicandidate political campaign committee is delinquent.
5. 1. Each candidate and each political campaign committee shall certify the name and address of the candidate's or committee's political treasurer to the registry of election finance or the county election commission, where appropriate, before the candidate or committee may receive a contribution or make an expenditure in a state or local election. A statement certifying a candidate's treasurer must contain the office the candidate is seeking and the year of the election. A state public officeholder shall also certify the name and address of such officeholder's political treasurer to the registry of election finance before the officeholder or the officeholder's political committee may accept a contribution to defray the expenses incurred in connection with the performance of the officeholder's duties or responsibilities, and a local officeholder shall so certify the name and address of such officeholder's treasurer to the appropriate county election commission. A candidate may serve as that candidate's own political treasurer. A candidate or political campaign committee shall notify the registry of election finance or county election commission of any changes in the office of its political treasurer. Any such statements filed pursuant to this part shall be cosigned by the candidate, if such candidate appoints a political treasurer other than the candidate.
   2. In addition to the requirements in subdivision (e)(1), a multicandidate political campaign committee shall also certify the name and address of all officers of such committee to the registry of election finance. A multicandidate political campaign committee is required to have at least one (1) officer, not including the treasurer of such committee.
6. All records used by the candidate or political campaign committee to complete a statement required by this part shall be retained by the candidate or political campaign committee for at least two (2) years after the date of the election to which the records refer or the date of the statement, whichever is later. After the two-year period, the candidate or political campaign committee is authorized to destroy such records, absent any pending investigation by the registry of election finance or any other law enforcement agency, or absent any administrative or court proceeding. Once an investigation is closed by the registry of election finance, records may be destroyed upon a petition for approval to the registry of election finance.
7. Separate reporting shall be required for both primary elections and general elections. Cumulative reporting for both primary and general elections for the same office in the same year is expressly prohibited. An appointment of a political treasurer pursuant to subsection (e) may be cumulative, and one (1) such appointment shall be sufficient for both a primary and general election for the same office in the same year. A successful primary candidate shall not be required to certify a political treasurer for the general election, if the candidate had previously certified such political treasurer prior to the primary election.
8. 1. During the period beginning at twelve o'clock (12:00) midnight of the tenth day prior to a primary, general, runoff or special election or a referendum and extending through twelve o'clock (12:00) midnight of such election or referendum day, each candidate or political campaign committee shall, by telegram, facsimile machine, hand delivery or overnight mail delivery, file a report with the registry of election finance or the county election commission, whichever is required by subsections (a) and (b), of:
      1. The full name and address of each person from whom the candidate or committee has received and accepted a contribution, loan or transfer of funds during such period and the date of the receipt of each contribution in excess of the following amounts: a committee participating in the election of a candidate for any state public office, five thousand dollars ($5,000); or, a committee participating in the election of a candidate for any local public office, two thousand five hundred dollars ($2,500). If the committee is participating in the election of candidates for offices with different reporting amounts, the amount shall be the lowest for any candidate in whose election the committee is participating or in which any committee is participating to which it makes or from which it receives a transfer of funds; and
      2. Such report shall include the amount and date of each such contribution or loan reported, and a brief description and valuation of each in-kind contribution. If a loan is reported, the report shall contain the name and address of the lender, of the recipient of the proceeds of the loan, and of any person who makes any type of security agreement binding such person or such person's property, directly or indirectly, for the repayment of all or any part of the loan.
   2. Each report required by subdivision (h)(1) shall be filed by the end of the next business day following the day on which the contribution to be reported is received.
   3. The registry shall develop appropriate forms for the report required by subdivision (h)(1) and make such forms available to the candidates and the county election commissions.
9. Any state or local political party or caucus of such political party established by members of either house of the general assembly that controls or operates one (1) or more political campaign committees shall report all receipts and disbursements by the party in the same manner and at the same time that it reports contributions and expenditures by the party's political campaign committee.
10. Reports filed under this section shall not be cumulative, except as provided in subsection (g) regarding appointment of a political treasurer. Each report shall reflect the total for its own reporting period.
11. “Date of the receipt”, as used in this section, means the date when the contribution was received by the candidate, candidate's committee, or treasurer.

Acts 1980, ch. 861, § 6; 1981, ch. 136, § 1; 1984, ch. 683, §§ 3, 7; 1989, ch. 585, §§ 11-13; 1990, ch. 1078, §§ 1, 2; 1991, ch. 519, §§ 3, 4; 1995, ch. 531, §§ 9, 11-13; 1996, ch. 1005, § 2; 1997, ch. 410, §§ 1, 2; 1998, ch. 650, §§ 1-3; 2000, ch. 925, § 1; 2004, ch. 915, § 2; 2006 (1st Ex. Sess.), ch. 1, § 2; 2010, ch. 685, § 1; 2012, ch. 693, § 1.

Compiler's Notes. Acts 2004, ch. 915, § 1 provided that the act is and may be cited as the “Public Accountability and Disclosure Act of 2004”.

Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4.

Law Reviews.

Curtailing the Cudgel of “Coordination” by Curing Confusion: How States Can Fix What the Feds Got Wrong on Campaign Finance, 48 U. Mem. L. Rev. 463 (2017).

Attorney General Opinions. Independent election expenditures, OAG 96-90 (7/24/96).

Disclosure of receipts by state political parties with multicandidate campaign committees, OAG 98-0121 (7/10/98).

Requirement of new certification of political treasurer, OAG 98-0122 (7/10/98).

Attribution and disclosure of post-election contribution to successful debt-free candidate, OAG 98-0122 (7/10/98).

Application of campaign finance legislation to limited liability companies, OAG 99-086 (4/8/99).

A group or organization becomes a multicandidate political campaign committee when it appoints or certifies a political treasurer to the Registry of Election Finance pursuant to subsection (e) of this section, OAG 03-112 (9/9/03).

Filing of disclosure statements by corporations for independent expenditures.  OAG 10-39, 2010 Tenn. AG LEXIS 39 (3/30/10).

Application of campaign finance laws to limited liability companies.  OAG 11-83, 2011 Tenn. AG LEXIS 85 (12/29/11).

State law does not prohibit elected state officials from using state property, including the Executive Residence, for campaign-related activities. Tennessee’s Campaign Financial Disclosure Act would require the disclosure of expenditures incurred for such campaign-related activities on state property if they constitute either a “contribution” or an “expenditure” as defined under the Act. To the extent that the Governor’s non-personal schedule, including events at the Executive Residence, meets the definition of “public record” as set forth in T.C.A. § 10-7503(a)(1)(A), then it is subject to disclosure under Tennessee’s Public Records Act, unless a state law provides otherwise. OAG 16-48, 2016 Tenn. AG LEXIS 47 (12/22/2016).

The disclaimer requirements of T.C.A. § 2-19-120 apply when a person finances an election-related communication on a social media platform.  T.C.A.. § 2-10-105 is also applicable to political communications on social media platforms. OAG 18-37, 2018 Tenn. AG LEXIS 36 (8/14/2018).

2-10-106. Supplemental semiannual statements of contributions and expenditures — Funds maintained in segregated campaign accounts.

1. 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.
2. Funds maintained in a separate segregated campaign account are not deemed to be the personal property of any candidate or other individual. Such funds are not subject to garnishment or any type of execution to satisfy the debts or obligations of any individual which are not campaign debts.

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.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4.

Attorney General Opinions. Attribution and disclosure of post-election contribution to successful debt-free candidate, OAG 98-0122 (7/10/98).

Surplus campaign funds of deceased candidate for state or local office, OAG 99-118 (5/14/99).

Candidate cannot transfer a negative balance from one campaign account and start a subsequent election account with a negative balance, OAG 03-089 (7/15/03).

Filing of disclosure statements by corporations for independent expenditures.  OAG 10-39, 2010 Tenn. AG LEXIS 39 (3/30/10).

2-10-107. Content of statements — Closing out accounts — Reporting of in-kind contributions.

1. A statement filed under § 2-10-105 or § 2-10-106 shall consist of either:
   1. A statement that neither the contributions received nor the expenditures made during the period for which the statement is submitted exceeded one thousand dollars ($1,000). Any statement filed pursuant to § 2-10-106 shall indicate whether an unexpended balance of contributions, continuing debts and obligations or an expenditure deficit exists; or
   2. 1. 1. A statement setting forth, under contributions, a list of all the contributions received, including the full name, complete address, occupation, and employer of each person who contributed a total amount of more than one hundred dollars ($100) during the period for which the statement is submitted, and the amount contributed by that person;
         2. When a candidate or the treasurer of a political campaign committee shows that best efforts have been used to obtain, maintain and submit the complete address, occupation, and employer required for contributors, the statement shall be considered in compliance with this subdivision (a)(2)(A). “Best efforts” includes notifying the contributor by first class mail that further information concerning such contributor is required under state law, or by including on a written solicitation for contributions a clear request for the contributor's name, address, occupation and employer and by accurately stating that such information is required under state law for all persons contributing more than one hundred dollars ($100). Further definitions and guidelines, if any, for what is also considered “best efforts” shall be set by rule promulgated pursuant to § 4-55-103(1);
         3. The statement of each candidate shall include the date of the receipt of each contribution and the statement of a political campaign committee shall include the date of each expenditure that is a contribution to a candidate. “Date of the receipt”, as used in this subdivision (a)(2)(A)(iii), means the date when the contribution was received by the candidate, candidate's committee, or treasurer. The statement shall list as a single item the total amount of contributions of one hundred dollars ($100) or less; and
      2. A statement setting forth, under expenditures, a list of all expenditures made, including the full name and address of each person to whom a total amount of more than one hundred dollars ($100) was paid during the period for which the statement is submitted, the total amount paid to that person, and the purpose of the payment which shall clearly identify that it is an allowable expenditure under § 2-10-114. The words “reimbursement”, “credit card purchase”, “other” and “campaign expense” shall not be considered acceptable descriptions for “purpose”. Any purchase made with a credit card shall also be disclosed as a payment to the vendor providing the item or service. Credit card payments to separate vendors shall be disclosed as separate expenditures. The statement shall list the total amount of expenditures of one hundred dollars ($100) or less each, by category, without showing the exact amount of or vouching for each such expenditure.
2. When any candidate or political campaign committee desires to close out a campaign account, it may file a statement to such effect at any time; provided, that the statement shall on its face show no unexpended balance, continuing debts or obligations or deficit.
3. 1. When filing a statement under § 2-10-105 or § 2-10-106, a contribution, as defined in § 2-10-102, for which no monetary consideration is paid or promised, referred to as an in-kind contribution in this part, shall be listed separately in the disclosure statement and excluded from the lists of contributions and expenditures. The in-kind contribution list shall include:
      1. In-kind contributions of a value of one hundred dollars ($100) or less may be listed as a single item; and
      2. 1. In-kind contributions of a value of more than one hundred dollars ($100) during the period for which the statement is submitted, and for each such contribution, the category of the contribution, the name, address, occupation and employer of each person who contributed it.
         2. When a candidate or the treasurer of a political campaign committee shows that best efforts have been used to obtain, maintain and submit the complete address, occupation, and employer required for contributors, the statement shall be considered in compliance with this subdivision (c)(1)(B). “Best efforts” includes notifying the contributor by first class mail that further information concerning such contributor is required under state law, or by including on a written solicitation for contributions a clear request for the contributor's name, address, occupation and employer and by accurately stating such information is required under state law for all persons contributing more than one hundred dollars ($100). Further definitions and guidelines, if any, for what is also considered “best efforts” shall be set by rule promulgated pursuant to § 4-55-103(1).
         3. The statement of each candidate shall include the date of the receipt of each in-kind contribution and the statement of a political campaign committee shall include the date of each expenditure that is an in-kind contribution to a candidate.
   2. Within ninety (90) days of February 15, 2006, by rule promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the registry of election finance shall enumerate a nonexclusive listing of examples of the various categories of contributions that constitute “in-kind contributions” requiring disclosure. Upon promulgating such rule, the registry shall provide a copy of such rule to each member of the general assembly and each qualified candidate for state office. Any changes or revisions to the rules shall be promulgated pursuant to § 4-55-103(1).
4. An in-kind contribution is deemed to be made and shall be reportable in the period when such contribution is made or performed and not when the cost is billed or paid. The actual cost of the in-kind contribution, if known, shall be reported in the period such contribution is made or performed. If the actual cost of the in-kind contribution is not known, an estimate of the cost shall be reported in the period such contribution is made or performed, and the report shall indicate that the amount reported is estimated. If the actual cost, as indicated on the bill, is different from the amount reported, such amount shall be amended or adjusted on a later report covering the period in which payment is made.
5. A statement filed under § 2-10-105 or § 2-10-106 shall also list any unexpended balance, any deficit and any continuing financial obligations of the candidate, campaign or committee.
6. Payments to a person as reimbursement for expenditures made by the person on behalf of the candidate or committee shall be disclosed as payments to the vendor who provided the item or service to the candidate or committee, not the person who is reimbursed.

Acts 1980, ch. 861, § 8; 1984, ch. 683, § 6; 1986, ch. 780, § 2; 1989, ch. 585, §§ 15, 33; 1990, ch. 943, § 3; 1991, ch. 519, §§ 5, 6; 1995, ch. 531, §§ 14, 15; 1997, ch. 410, §§ 3, 4; 2006 (1st Ex. Sess.), ch. 1, § 4; 2009, ch. 556, §§ 2-4.

Compiler's Notes. Acts 1995, ch. 531, § 17 provided that the amendment by that act shall only apply to contributions and expenditures made after January 1, 1996.

Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Cross-References. Bureau of ethics and campaign finance, title 4, ch. 55.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4.

Law Reviews.

Ethical Requirements for Judicial Candidates (Joe G. Riley), 26 No. 3, Tenn. B.J. 12 (1990).

Attorney General Opinions. Independent election expenditures, OAG 96-90 (7/24/96).

Application of campaign finance legislation to limited liability companies, OAG 99-086 (4/8/99).

2-10-108. Sworn complaint on statements of candidates — Penalty for false complaint.

1. A registered voter of Tennessee may file a sworn complaint alleging that a statement filed regarding an election for which that voter was qualified to vote does not conform to law or to the truth or that a person has failed to file a statement required by law.
2. All sworn complaints on a statement of a candidate for state public office or a political campaign committee for such candidate must be filed in the office of the registry of election finance.
3. All sworn complaints on a statement of a candidate for local public office or a political campaign committee for such candidate must be filed in the office of the district attorney general who represents the judicial district in which the voter resides.
4. Any person who knowingly and willfully files a sworn complaint which is false or for the purpose of harassment is subject to the civil penalties enacted into law by Acts 1989, ch. 585, and is liable for reasonable attorneys' fees incurred by the candidate who was the subject of such complaint.

Acts 1980, ch. 861, § 9; 1989, ch. 585, § 16; 1989, ch. 591, § 113; 1990, ch. 943, § 2.

Compiler's Notes. For codification of Acts 1989, ch. 585, referred to in this section, see the Session Law Disposition Tables in Volume 13.

Acts 1990, ch. 943, § 2(a) deleted the classification of the prohibited activity in this section as a Class C misdemeanor as classified by Acts 1989, ch. 591, § 113.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4; 10 Tenn. Juris., Elections, § 24.

Attorney General Opinions. The Registry of Election Finance is not prohibited from considering a sworn statement regarding a legislator's compliance with disclosure and other statutory requirements even if it is not filed by a qualified voter of that legislator's district, OAG 05-022 (3/10/05).

A sworn complaint may be filed with the Registry of Election Finance in relation to a possible violation of the conflict of interest disclosure rules, T.C.A. §§ 8-50-501 et seq., OAG 05-022 (3/10/05).

An individual is not required to be a registered voter from a legislator's district in order to file a complaint with the Registry of Election Finance concerning that legislator's conduct, OAG 05-023 (3/10/05).

2-10-109. Duties of attorney general and reporter.

1. 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.
2. It is the duty of each district attorney general to:
   1. Investigate any sworn complaint filed in accordance with § 2-10-108(c); and
   2. Seek injunctions from the chancery courts of this state to enforce this part against any campaign committee or candidate about whom a sworn complaint has been filed, if such action is justified.

Acts 1980, ch. 861, §§ 4, 10; 1989, ch. 585, §§ 17, 18.

Compiler's Notes. Subdivision (a)(1) of this section was transferred in 1985 from § 2-10-103(d).

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4.

2-10-110. Penalties.

1. The registry of election finance may impose a civil penalty for a violation of this part as provided in this section.
   1. “Class 1 offense” means the late filing of any report or statement required by this part. A Class 1 offense shall be punishable by a civil penalty of not more than twenty-five dollars ($25.00) per day up to a maximum of seven hundred fifty dollars ($750).
      1. For local public offices, the county administrator of elections shall have personally served upon, or send by return receipt requested mail, an assessment letter to any candidate or committee upon the administrator's discovery that a due report has not been filed. The administrator shall forward a copy of such notice to the registry of election finance. For state public offices, the registry of election finance shall have personally served upon, or send by return receipt requested mail, an assessment letter to any candidate or committee upon the registry or its appropriate staff discovering that a due report has not been filed. A civil penalty of twenty-five dollars ($25.00) per day shall begin to accrue five (5) days after personal service or receipt of the letter and shall continue to accrue until the report is filed or for thirty (30) days, whichever occurs first; provided, that no civil penalty shall be imposed by the registry of election finance if a candidate fails to list a contribution on a filed report but corrects the omission to the registry's satisfaction within ten (10) business days from the date on which the candidate is served process by, or receives notice from, the registry. This ten-day period shall not serve to stay the running of any time period or reduce any penalty established by this section. A candidate shall only be allowed to correct up to two (2) omissions in one (1) calendar year and the total of the omissions shall not exceed two thousand dollars ($2,000). Any omission corrected by the candidate prior to the registry's discovery of the omission shall not count against the limitation on correction of omissions.
      2. For any Class 1 offense, the registry of election finance, through its appropriate staff, shall send an assessment letter to a candidate or committee in a form sufficient to advise the candidate or committee of the factual basis of the violation, the maximum penalty and the date a response to the letter must be filed. If a disclosure report is returned to a candidate or committee for correction, a copy of the original shall be retained on file until the corrected report is returned to the registry of election finance. If the original filing was in compliance with the intent of the law and minor errors are corrected within the date set for a response, no penalty shall be assessed.
      3. To request a waiver, reduction, or to in any way contest a Class 1 penalty imposed by the registry of election finance, a candidate for a state or local public office shall file a petition with the registry of election finance. Such petition may be considered as a contested case proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
   2. “Class 2 offense” means failing to file a report required by this part within thirty-five (35) days after service of process or receipt of notice by registered or certified mail of an assessment or any other violation of the requirements of this part. A Class 2 offense is punishable by a maximum civil penalty of not more than ten thousand dollars ($10,000) or fifteen percent (15%) of the amount in controversy, if fifteen percent (15%) of the amount in controversy is greater than ten thousand dollars ($10,000).
      1. For state and local public offices, the registry of election finance may impose a civil penalty for any Class 2 offense; provided, that no penalty shall be imposed by the registry of election finance if a candidate fails to list a contribution on a filed report but corrects the omission to the registry's satisfaction within ten (10) business days from the date on which the candidate is served process by, or receives notice from, the registry. This ten-day period shall not serve to stay the running of any time period established by this section. A candidate shall only be allowed to correct up to two (2) omissions in one (1) calendar year and the total of the omissions shall not exceed two thousand dollars ($2,000). Any omission corrected by the candidate prior to the registry's discovery of the omission shall not count against the limitation on correction of omissions.
      2. To request a waiver, reduction, or to in any way contest a Class 2 penalty imposed by the registry of election finance, a candidate for a state or local public office shall file a petition with the registry of election finance. Such petition may be considered as a contested case proceeding under the Uniform Administrative Procedures Act.
      3. “Amount in controversy” means, as appropriate to the case, the greater of the total expenditures or total contributions, either of which or both of which are shown on a late report subsequently filed, or the amount of an expenditure or contribution that was not reported or was incorrectly reported.
2. Penalties imposed under this part shall be deposited into the state general fund.
3. 1. The registry of election finance shall maintain a register of all civil penalties imposed under this part and remaining unpaid.
   2. If a civil penalty lawfully assessed and any lawfully assessed cost attendant to the penalty are not paid within thirty (30) days after the assessment becomes final, or by the qualifying deadline for election, whichever is earlier, the candidate owing such civil penalty shall be ineligible to qualify for election to any state or local public office until such penalty and costs are paid.
   3. If a civil penalty authorized by this section is imposed, it shall be considered as a personal judgment against the candidate.
4. A candidate for state or local public office who fails to file any statement or report required by this part shall be ineligible to qualify for election to any state or local public office until such statement or report is filed with either the registry or the appropriate county election commission, or both.
5. It is the intent of the general assembly that the sanctions provided in this section shall be the civil penalties enacted into law by Acts 1989, ch. 585.
6. 1. For any civil penalty levied by the registry against a multicandidate political campaign committee under this section or § 2-10-308, the treasurer of the committee is personally liable for the penalty.
   2. If a civil penalty lawfully assessed and any lawfully assessed cost attendant to the penalty are not paid within thirty (30) days after the assessment becomes final, the multicandidate political campaign committee owing the civil penalty shall be prohibited from receiving contributions; making expenditures to support or oppose candidates; or making expenditures to other multicandidate political campaign committees; and the treasurer and officers of such delinquent multicandidate political campaign committee shall be prohibited from creating another multicandidate political campaign committee or serving as a treasurer or an officer for another multicandidate political campaign committee until such penalty and all costs attendant to the penalty are paid in full.

Acts 1980, ch. 861, § 11; 1989, ch. 585, § 19; 1989, ch. 591, § 113; 1990, ch. 943, § 2; 1991, ch. 519, §§ 7-9; 1996, ch. 1005, § 3; 1997, ch. 464, § 1; 2006 (1st Ex. Sess.), ch. 1, § 6; 2007, ch. 151, §§ 1, 2.

Compiler's Notes. For codification of Acts 1989, ch. 585, referred to in this section, see the Session Law Disposition Tables in Volume 13.

Acts 1997, ch. 464, § 2 provides that this act shall apply to any conduct that occurs on or after June 13, 1997, leading to the imposition of a penalty.

References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4.

Law Reviews.

Curtailing the Cudgel of “Coordination” by Curing Confusion: How States Can Fix What the Feds Got Wrong on Campaign Finance, 48 U. Mem. L. Rev. 463 (2017).

Attorney General Opinions. Constitutionality of subsections (c) and (d), OAG 96-149 (12/31/96).

Failure to file conflict of interest disclosure report, OAG 97-134 (9/29/97).

An individual who has an unpaid civil assessment imposed by the registry of election finance or a county election commission that has been final for more than 30 days may not qualify to win election as a write-in candidate and take office, unless the assessment is paid on or before election day, OAG 02-082 (7/19/02).

An individual who has not filed a required disclosure report may not qualify to win election as a write-in candidate and take office, unless the report is filed on or before election day, OAG 02-082 (7/19/02).

Under this section, it is not entirely clear that the Registry of Election Finance may levy a penalty for class 2 offenses against a single-issue political campaign committee; because the Registry has the jurisdiction to administer and enforce disclosure requirements, questions about applicable penalties should be referred first to that agency, OAG 04-135 (8/23/04).

The U.S. Postal Service notation of “unclaimed” may be treated as a refusal to accept delivery and equivalent to service or receipt, whether the letter was sent within Tennessee or out of Tennessee, OAG 04-141 (8/31/04).

2-10-111. Notification of local election by county election commission — Report of compliance with statement filings — Reporting of late filings.

1. 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.
2. 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.

Compiler's Notes. Former § 2-10-111 (Acts 1980, ch. 861, § 12; 1984, ch. 683, §§ 4, 7; 1989, ch. 585, § 20; 1990, ch. 943, §§ 5, 6; 1990, ch. 1048, § 4; 1993, ch. 49, §§ 1, 2), concerning inspection of statements and notice to candidate or political campaign committee, was repealed by Acts 2005, ch. 227, § 1, effective May 27, 2005.

Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Cross-References. Bureau of ethics and campaign finance, title 4, ch. 55.

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.

Compiler's Notes. Former § 2-10-112 (Acts 1986, ch. 780, § 1), concerning contributions from groups headquartered out of state, was repealed by Acts 1989, ch. 585, § 32.

Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

2-10-113. Digital currency as campaign contribution.

1. A candidate or political campaign committee is allowed to accept digital currency as a contribution. Digital currency shall be considered a monetary contribution with the value of the digital currency being the market value of the digital currency at the time the contribution is received.
2. Any increase in the value of digital currency being held by a candidate or political campaign committee shall be reported as interest on any statement filed pursuant to § 2-10-105.
3. A candidate or political campaign committee must sell any digital currency and deposit the proceeds from those sales into a campaign account before spending the funds.

Acts 2015, ch. 379, § 2.

Effective Dates. Acts 2015, ch. 379 § 3. April 30, 2015.

2-10-114. Campaign funds — Allocation of unexpended contributions — Use of funds — Specifically prohibited uses of funds — Allocation of funds on death of incumbent or candidate.

1. Any candidate for public office in this state shall allocate an unexpended balance of contributions after the election to one (1) or a combination of the following:
   1. The funds may be retained or transferred to any campaign fund pursuant to Tennessee reporting requirements;
   2. The funds may be returned to any or all of the candidate's contributors, in accordance with a formula or plan specified in the candidate's disclosure of the allocation;
   3. The funds may be distributed to the executive committee of the candidate's political party;
   4. The funds may be deposited in the volunteer public education trust fund established under title 49, chapter 3, part 4;
   5. The funds may be distributed to any organization described in 26 U.S.C. § 170(c);
   6. The funds may be distributed to an organization that has received a determination of exemption from the United States internal revenue service pursuant to 26 U.S.C. § 501(c)(3) or (4), if such organization is currently operating under such exemption;
   7. The funds may be used to defray any ordinary and necessary expenses incurred in connection with the office of the officeholder. Such expenses may include, but are not limited to, the cost of advertisements, membership fees, and donations to community causes; and
   8. The funds may be distributed to any institution of public or private education in the state, for the purpose of supplementing the funds of an existing scholarship trust or program.
2. 1. Except as provided in subsection (a), no candidate for public office shall use any campaign funds for any other purpose other than a contribution or expenditure as defined by this part. The disbursement of campaign funds for a candidate's own personal use is not permitted. For the purpose of this section, “personal use” means any use by which the candidate for public office or elected public official would be required to treat the amount of the expenditure as gross income under 26 U.S.C. § 61, or any subsequent corresponding Internal Revenue Code section.
   2. Expenditures that are specifically prohibited under this section include, but are not limited to:
      1. Any residential or household items, supplies or expenditures, including mortgage, rent or utility payments for any part of any personal residence of a candidate or officeholder or a member of the candidate's or officeholder's family;
      2. Mortgage, rent, or utility payments for any part of any nonresidential property that is owned by a candidate or officeholder or a member of a candidate's or officeholder's family and used for campaign purposes, to the extent the payments exceed the fair market value of the property usage;
      3. Funeral, cremation, or burial expenses related to deaths within a candidate's or officeholder's family;
      4. Clothing, other than items of de minimis value that are used in the campaign;
      5. Tuition payments within a candidate's or officeholder's family other than those associated with training campaign staff or associated with an officeholder's duties;
      6. Dues, fees, or gratuities at a country club, health club, or recreational facility, unless they are part of a specific fundraising event that takes place on the organization's premises;
      7. Salary payments to a member of a candidate's family, unless the family member is providing bona fide services to the campaign. If a family member provides bona fide services to the campaign, any salary payment in excess of the fair market value of the services provided is a prohibited use;
      8. Admission to a sporting event, concert, theater, activity, charitable event or other form of entertainment, unless the event is an expense associated with a legitimate campaign or officeholder activity, where the tickets to such event are provided to students attending schools, guests or constituents of the candidate or officeholder, or persons involved in the candidate's or officeholder's campaign;
      9. Payments for grooming or enhancing one's personal appearance unrelated to campaign activities; or
      10. Payment of any fines, fees, or penalties assessed pursuant to this chapter or title 3, chapter 6.
   3. A violation of this subsection (b) is a Class 2 offense as defined in § 2-10-110(a)(2).
3. In addition to the manner in which unexpended balances in the campaign account of a candidate may be allocated under the provisions of subsection (a), if an incumbent dies while in office and has an unexpended balance in a campaign account, and if such incumbent's surviving spouse or child is appointed to fill the unexpired term of the deceased incumbent or is elected to the office previously held by the deceased, then the balance remaining in the campaign account of such deceased incumbent shall be transferred to the campaign account of the surviving spouse or child of the deceased incumbent for use by such surviving spouse or child as a candidate for election to public office in accordance with this part.
4. 1. In the event a candidate for public office dies with an unexpended balance of contributions in such candidate's campaign account and the provisions of subsection (c) are not applicable, then the following individuals, in the descending order, are authorized to allocate such unexpended balance to those persons, political parties, or charitable organizations listed in subdivisions (a)(2)-(6) and (a)(8):
      1. The deceased candidate, if the candidate provided for allocation of an unexpended balance through the candidate's will;
      2. The deceased candidate's treasurer, unless the candidate was the treasurer;
      3. The surviving spouse of the deceased candidate, if the candidate was the treasurer; and
      4. The next of kin of the deceased candidate, if the provisions of subdivisions (d)(1)(B) and (C) do not apply.
   2. If a decision is not made by any such individual, or individuals where subdivision (d)(1)(D) applies, within one (1) year of the date of death of the deceased candidate, then the unexpended balance shall be distributed by the registry of election finance to the volunteer public education trust fund established under title 49, chapter 3, part 4.
5. Notwithstanding subsection (a), if a member of the general assembly raises funds for a local public office during the time the general assembly is in session in accordance with § 2-10-310(a), then any unexpended balance of contributions in the campaign account established by that member of the general assembly for the member's candidacy for local public office shall not be used for or distributed to a campaign fund:
   1. For the benefit of any election for any candidate for the general assembly;
   2. For the benefit of any statewide election, or any state, national or other political party;
   3. For the benefit of any state, national or other political party caucus; or
   4. For the benefit of any state, national or other political party caucus member.

Acts 1992, ch. 932, § 1; 2001, ch. 384, § 1; 2002, ch. 470, § 2; 2002, ch. 600, § 1; 2005, ch. 163, §§ 3, 4; 2006 (1st Ex. Sess.), ch. 1, § 8; 2011, ch. 389, § 2.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Cross-References. Transfer of funds or assets from federal to state election campaign committee prohibited, § 2-10-119.

Attorney General Opinions. 1990 and 1992 campaigns, reporting requirements, OAG 94-034 (3/18/94).

Application to pre-1993 campaigns, scope of disclosure, OAG 94-035 (3/18/94).

Use of contributions for legal expenses, OAG 97-146 (10/23/97).

Surplus campaign funds of deceased candidate for state or local office, OAG 99-118 (5/14/99).

Candidate may not transfer debt properly attributable to an earlier election cycle to a later election account and use contributions collected during the later election cycle to pay off the outstanding debts from the earlier campaign, OAG 03-089 (7/15/03).

Candidate may not use campaign funds to pay civil penalties assessed by the registry of election finance, OAG 05-100 (6/20/05).

Use of campaign funds for legislative trip, OAG 05-166 (10/31/05).

2-10-115. Disclosure of income, positions and trusts by the governor, secretary of state, comptroller of the treasury, treasurer, governor's cabinet, cabinet level staff, or their spouses — Posting of information — Form.

1. The governor, secretary of state, comptroller of the treasury, treasurer, any member of the governor's cabinet, cabinet level staff, and those persons' spouses shall report annually to the Tennessee ethics commission prior to April 15 the following information for the prior calendar year:
   1. The major source or sources of private income of more than two hundred dollars ($200), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, but no dollar amounts need be stated. The disclosure shall state the name and address of any entity that provides a source of private income of more than two hundred dollars ($200). This subdivision (a)(1) shall not be construed to require the disclosure of any client list or customer list, nor the address of any investment property. When reporting private income received from a security listed on the New York Stock Exchange, American Stock Exchange or the Nasdaq, the disclosure may state only the name of the entity, in lieu of disclosing the name and address of the entity. If a person listed in subsection (a) or their spouse's ownership of a business enterprise's securities provides income of more than two hundred dollars ($200), then the business enterprise shall be named in lieu of any investment brokerage firm or other fiduciary that may possess or manage the securities on behalf of such person or spouse. If a person listed in subsection (a) or their spouse's ownership of shares of a mutual fund provides income of more than two hundred dollars ($200), then the mutual fund shall be named in lieu of the business enterprises whose securities are owned by the mutual fund. For purposes of this subdivision (a)(1), income shall be reported for the calendar year in which it is received. When reporting private income received from investments with a federal or state chartered bank, the disclosure may state only the name of the bank, in lieu of stating the name and address of the bank;
   2. Any positions held during the applicable reporting period, including, but not limited to, those of an officer, director, trustee, general partner, proprietor, or representative of any corporation, firm, partnership, or other business enterprise, or any nonprofit organization or educational institution. Both the year and month shall be reported for the period of time the position was held. Positions with the federal government, religious, social, fraternal, or political entities, and those solely of an honorary nature do not require disclosure; and
   3. Any trust considered to be a “blind trust” pursuant to § 35-50-120 to which a person listed in subsection (a) or their spouse is an interested party. The person making disclosure shall state that the person is an interested party to a blind trust and provide the name and address of the trustee of the trust. Notwithstanding any provisions of this subdivision (a)(3) to the contrary, the person making disclosure is not required to disclose any individual asset held in a blind trust.
2. The reports in subsection (a) shall be posted on the web site of the Tennessee ethics commission. The Tennessee ethics commission shall modify existing forms to accomplish the purposes of this section.
3. The commission shall create a consolidated form that collects the information required to be reported by this section and § 8-50-502. Any person, who is required to disclose information pursuant to this section and §  8-50-501, who files the consolidated form in a manner that complies with the requirements of those sections, shall fulfill the requirements of this section and §  8-50-501. Filing the consolidated form prior to April 15 as required by this section shall also fulfill the requirements of §§ 8-50-503 and 8-50-504.

Acts 2006 (1st Ex. Sess.), ch. 1, § 33.

Compiler's Notes. Acts 1992, ch. 932 and Acts 1992, ch. 978 enacted identical sections, which were originally codified as §§ 2-10-114 and 2-10-115. In light of the codification of § 2-10-114, the code commission deems § 2-10-115 unnecessary and has instructed the compiler to remove it from the code.

Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

2-10-116. Honorarium defined — Acceptance of honorarium by public official.

1. The acceptance of an honorarium by a public official in such person's capacity as a public official is prohibited. “Honorarium” means a payment of money or any thing of value for an appearance, speech or article, but does not include actual and necessary travel expenses, meals and lodging associated with such appearance, speech or article.
2. Acceptance of an honorarium for an appearance, speech or article by a public official in such person's capacity as a private business person, professional or tradesperson is not prohibited.
3. As used in this section, “public official” means:
   1. Each person holding any state public office filled by the voters;
   2. Each person holding any local public office filled by the voters;
   3. Each member of the governor's cabinet; and
   4. Each cabinet level staff person employed within the governor's office.

Acts 1992, ch. 978, § 4; 2006, ch. 545, § 1.

Attorney General Opinions. T.C.A. § 2-10-116 supersedes Canons 4.B and 4.H of the Code of Judicial Conduct contained in Tennessee Supreme Court Rule 10 and prohibits an elected general sessions judge from accepting honoraria for lecturing about the creation and history of the judge's specialized court and assisting other counties and cities in establishing such courts, OAG 02-004 (1/2/02).

2-10-117. Contributions from political action committees within ten days of election.

No multicandidate political campaign committee other than a committee controlled by a political party on the national, state, or local level or by a caucus of such political party established by members of either house of the general assembly shall make a contribution to any candidate after the tenth day before an election until the day of the election.

Acts 1995, ch. 531, § 10; 2009, ch. 319, § 1.

Compiler's Notes. Acts 1995, ch. 531, § 17 provided that that act shall only apply to contributions and expenditures made after January 1, 1996.

2-10-118. Filing by responsible party with prior assessment record.

1. It is unlawful for a responsible party of a multicandidate political campaign committee who has a prior assessment record to intentionally fail to file a required report under this chapter, for which the party is responsible for filing, within thirty-five (35) days after service of process or receipt of notice from the registry by registered or certified mail. For the purposes of this section, “responsible party” is the treasurer of the committee appointed pursuant to § 2-10-105(e), or if no treasurer has been appointed, any person who organizes or directs the fundraising activities of a multicandidate political campaign committee. A responsible party shall be considered to have a prior assessment record for purposes of this section if during the person's service as a responsible party to one (1) or more multicandidate political campaign committees, the committee or committees violate on two (2) or more occasions § 2-10-110 or § 2-10-308 and such violations result in the committee or committees being assessed a penalty by the registry.
2. A violation of this section is a Class E felony.

Acts 1997, ch. 399, § 1.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

Penalty for Class E felony, § 40-35-111.

2-10-119. Transfer of funds or assets from federal to state election campaign committee prohibited.

Transfers of funds or assets from a candidate's campaign committee or account for a federal election to a political campaign committee of or for such candidate for public office in this state is prohibited.

Acts 2000, ch. 612, § 1.

Cross-References. Campaign funds, allocation of unexpended contributions, use of funds, specifically prohibited uses of funds, allocation of funds on death of incumbent or candidate, § 2-10-114.

2-10-120. Authority of county election commission.

The county election commission has the authority to forward information regarding violation of disclosure laws by candidates for local public office to the district attorney general for investigation without the necessity of a sworn complaint from a registered voter as provided by § 2-10-108.

Acts 2000, ch. 756, § 19.

2-10-121. Registration fee for political campaign committees.

No later than January 31 of each year, each multicandidate political campaign committee registered with the registry of election finance shall pay a registration fee to be determined by rule promulgated pursuant to § 4-55-103(1). Payment of the registration fee by one (1) affiliated political campaign committee includes any disclosed affiliated committees registering separately; payment of the registration fee by a statewide political party, as defined in § 2-1-104, includes any disclosed subsidiaries of the political party registering separately. For any multicandidate political campaign committee registering a new committee during any year, the committee shall pay the appropriate registration fee at the time that it certifies its political treasurer. All fees collected under this section shall be retained and used for expenses related to maintaining an electronic filing system.

Acts 2003, ch. 414, § 2; 2006 (1st Ex. Sess.), ch. 1, § 9; 2009, ch. 556, § 6; 2019, ch. 77, § 1.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Amendments. The 2019 amendment added the second sentence, and deleted the former last sentence, which read: “This section shall not apply to any statewide political party as defined in § 2-1-104 or subsidiaries of the political party.”

Effective Dates. Acts 2019, ch. 77, § 2. April 1, 2019.

Cross-References. Bureau of ethics and campaign finance, title 4, ch. 55.

2-10-122. Definitions for §§ 2-10-122 — 2-10-128.

As used in this section and §§ 2-10-123 — 2-10-128, unless the context otherwise requires:

1. “Consulting services” with respect to an official in the legislative branch or an official in the executive branch means services to advise or assist a person or entity in influencing legislative or administrative action, as that term is defined in § 3-6-301, relative to Tennessee state government. “Consulting services” with respect to an official in the legislative branch or an official in the executive branch also means services to advise or assist a person or entity in maintaining, applying for, soliciting or entering into a contract with the state of Tennessee. “Consulting services” does not mean the practice or business of law in connection with representation of clients by a licensed attorney in a contested case action, administrative proceeding or rule making procedure;
2. “Consulting services” with respect to an elected municipal or county official, including a member-elect of a municipal or county legislative body, means services to advise or assist a person or entity in influencing legislative or administrative action, as that term is defined in § 3-6-301, relative to the municipality or county represented by that official. “Consulting services” with respect to an elected municipal or county official, including a member-elect of a municipal or county legislative body, also means services to advise or assist a person or entity in maintaining, applying for, soliciting or entering into a contract with the municipality or county represented by that official. “Consulting services” does not mean the practice or business of law in connection with representation of clients by a licensed attorney in a contested case action, administrative proceeding or rule making procedure;
3. “Fee, commission, or any other form of compensation” and “compensation” do not include anything of value that may be accepted under § 2-10-116 or that is identified in § 3-6-305(b);
4. “Official in the executive branch” means the governor, any member of the governor's staff or any person in the executive service as such term is defined in § 8-30-202; provided, however, that “official in the executive branch” shall not include members of boards and commissions who receive only expenses or a nominal per diem not to exceed six hundred dollars ($600) per month, unless they provide consulting services for compensation with respect to the activities of the board or commission of which they are a member; and
5. “Official in the legislative branch” has the same meaning as the term is defined in § 3-6-301.

Acts 2005, ch. 102, § 1; 2006 (1st Ex. Sess.), ch. 1, § 29.

Compiler's Notes. In light of the passage of Acts 2012, ch. 800, which rewrote the civil service provisions, the reference to § 8-30-208 was changed to § 8-30-202 in (4).

Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that act is, and may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Attorney General Opinions. Advising and consulting with business clients under the Ethics Act, OAG 05-096 (6/17/05).

Consulting under the Ethics Act of 2005, OAG 05-098 (6/20/05).

Legislator as president of the Tennessee Professional Fire Fighters Association, OAG 05-126 (8/22/05).

Applicability and enforcement of disclosure requirements under the Ethics Act, OAG 06-002 (1/4/06).

Citizen school board member conflicts of interest.  OAG 10-46, 2010 Tenn. AG LEXIS 46 (4/12/10).

2-10-123. Violations at state level — Penalties.

1. It is an offense for any member of the general assembly, member-elect of the general assembly, governor, member of the governor's staff, secretary of state, treasurer, or comptroller of the treasury to knowingly receive a fee, commission or any other form of compensation for consulting services from any person or entity, other than compensation paid by the state, a county or municipality.
2. It is an offense for any person or other entity, other than the state, a county or a municipality, to pay a fee, commission or any other form of compensation for consulting services to a person such person or entity knows to be a member of the general assembly, member-elect of the general assembly, governor, member of the governor's staff, secretary of state, treasurer, or comptroller of the treasury.
3. 1. 1. If conduct giving rise to a violation of this section would also constitute the offense of bribery prohibited by § 39-16-102, then such violation is a Class C felony. Any person convicted of such offense shall forever afterwards be disqualified from holding any office under the laws or constitution of this state.
      2. Nothing contained within this section shall be construed to prohibit prosecution and conviction for the Class C felony offense of bribery of a public servant, set forth in § 39-16-102; nor shall it be construed to prohibit prosecution and conviction for any other applicable criminal offense.
   2. Any other violation of this section is a Class A misdemeanor. Any person convicted of such offense shall forever afterwards be disqualified from holding any office under the laws or constitution of this state.

Acts 2005, ch. 102, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class C felony, § 40-35-111.

Attorney General Opinions. Legislator as president of the Tennessee Professional Fire Fighters Association, OAG 05-126 (8/22/05).

Direct appropriation grant to corporation for which legislator is president, OAG 05-169 (11/3/05).

Conflicts of interest involving state and county election commissions, OAG 06-159 (10/9/06).

Service on the board of the Tellico Reservoir Development Agency by a state representative, OAG 07-036 (3/26/07).

Legislator would not be prohibited from directly participating in efforts to assist his or her employer in obtaining contracts with municipalities and counties and receiving compensation from the employer for those efforts, OAG 08-192 (12/29/08).

2-10-124. Violations at local level — Penalties.

1. It is an offense for any member of a municipal or county legislative body, member-elect of a municipal or county legislative body, or other elected county or municipal official to knowingly receive a fee, commission or any other form of compensation for consulting services, other than compensation paid by the state, a county, or municipality.
2. It is an offense for any person or other entity, other than the state, a county, or a municipality, to pay a fee, commission or any other form of compensation for consulting services relating to a municipality or county if such person or entity knows the person to whom the compensation is paid is a member of the municipal or county legislative body, a member-elect of the municipal or county legislative body, or other elected municipal or county official in the county or municipality in which the consulting services are to be performed.
3. 1. 1. If conduct giving rise to a violation of this section would also constitute the offense of bribery prohibited by § 39-16-102, then such violation is a Class C felony. Any person convicted of such offense shall forever afterwards be disqualified from holding any office under the laws or constitution of this state.
      2. Nothing contained within this section shall be construed to prohibit prosecution and conviction for the Class C felony offense of bribery of a public servant, set forth in § 39-16-102; nor shall it be construed to prohibit prosecution and conviction for any other applicable criminal offense.
   2. Any other violation of this section is a Class A misdemeanor. Any person convicted of such offense shall forever afterwards be disqualified from holding any office under the laws or constitution of this state.

Acts 2005, ch. 102, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class C felony, § 40-35-111.

Attorney General Opinions. Consulting under the Ethics Act of 2005, OAG 05-098 (6/20/05).

Conflicts of interest involving state and county election commissions, OAG 06-159 (10/9/06).

Citizen school board member conflicts of interest.  OAG 10-46, 2010 Tenn. AG LEXIS 46 (4/12/10).

2-10-125. Disclosure of contract for consulting services to the Tennessee ethics commission.

1. If any person or other entity, other than the state, a county or municipality, contracts to pay a fee, commission or any other form of compensation for consulting services to any staff person or employee of the general assembly; member of a commission established by and responsible to the general assembly or either house of the general assembly; member or employee of a state regulatory commission, including, without limitation, commissioners of the Tennessee public utility commission; or member or employee of any executive department or agency or other state body in the executive branch, then such person or entity shall disclose the following to the Tennessee ethics commission:
   1. The person to whom the fee was paid;
   2. The position of the person to whom the fee was paid;
   3. The amount of the fee;
   4. The date the services were rendered; and
   5. A general description of the services rendered.
2. The disclosure shall be on a form designed by the Tennessee ethics commission, shall be made under oath, and shall contain a statement that a false statement on the report is subject to the penalties of perjury. A disclosure form shall be filed within five (5) days of entering into any contract for consulting services. Such form shall be updated quarterly. The dates for filing the quarterly reports shall be determined by the Tennessee ethics commission.
3. All disclosures made to the commission pursuant to this section are public records and open for inspection during regular business hours.
4. 1. It is a Class C misdemeanor for any person or entity to knowingly fail to file a disclosure form as required by this section.
   2. It is a Class C misdemeanor for any person or entity to file a disclosure form required by this section more than thirty (30) days after the date on which the report is due.

Acts 2005, ch. 102, § 1; 2006 (1st Ex. Sess.), ch. 1, § 28; 2017, ch. 94, § 1.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Amendments. The 2017 amendment substituted “commissioners of the Tennessee public utility commission” for “directors of the Tennessee regulatory authority” in the introductory language of (a).

Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Offense of perjury, penalties, title 39, chapter 16, part 7.

Records open to public inspection, § 10-7-503.

2-10-126. Disclosure of fees, commissions or any other form of compensation for consulting services to the Tennessee ethics commission.

1. Any staff person or employee of the general assembly; member of a commission established by and responsible to the general assembly or either house of the general assembly; member or employee of a state regulatory commission, including, without limitation, commissioners of the Tennessee public utility commission; or member or employee of any executive department or agency or other state body in the executive branch, who contracts to receive a fee, commission or any other form of compensation for consulting services from a person or entity other than the state, a county or municipality, shall be required to make the same disclosure required by § 2-10-125. The Tennessee ethics commission may devise a new form for disclosure of consulting fees or may modify the one required by § 2-10-125 for use by all parties required to disclose.
2. All disclosures made to the commission pursuant to this section are public records and open for inspection during regular business hours.
3. The disclosure shall be on a form designed by the Tennessee ethics commission, shall be made under oath, and shall contain a statement that a false statement on the report is subject to the penalties of perjury. A disclosure form shall be filed within five (5) days of entering any contract for consulting services. Such form shall be updated quarterly. The dates for filing the quarterly reports shall be determined by the Tennessee ethics commission.
4. 1. It is a Class C misdemeanor for any person or entity to knowingly fail to file a disclosure form required by this section.
   2. It is a Class C misdemeanor for any person or entity to file a disclosure form required by this section more than thirty (30) days after the date on which the report is due.

Acts 2005, ch. 102, § 1; 2006 (1st Ex. Sess.), ch. 1, § 28; 2017, ch. 94, § 1.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Amendments. The 2017 amendment substituted “commissioners of the Tennessee public utility commission” for “directors of the Tennessee regulatory authority” in first sentence of (a).

Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Offense of perjury, penalties, title 39, chapter 16, part 7.

Records open to public inspection, § 10-7-503.

2-10-127. Reports by members of the general assembly, members-elect of the general assembly, governor, members of the governor's staff, secretary of state, treasurer, or comptroller of the treasury regarding siblings, spouses or children who are lobbyists.

1. Any person subject to the prohibition in § 2-10-123(a), whose sibling, spouse or child is required to register as a lobbyist under § 3-6-302, shall report in writing, on a form developed by the Tennessee ethics commission:
   1. The name of the person making the disclosure and such person's business address;
   2. The name and business address of the sibling, spouse or child;
   3. The position of the sibling, spouse or child; and
   4. The name and address of each person for whom the sibling, spouse or child registers for the purpose of lobbying.
2. The report shall be filed with the commission annually no later than February 1.
3. Each person subject to the prohibition in § 2-10-123(a) shall file a supplementary report with the Tennessee ethics commission that includes a complete description of any information that has changed from the information supplied in the last registration form or last report. Such supplementary reports shall be filed within ten (10) days of any such change.
4. 1. A person subject to the prohibition in § 2-10-123(a) shall declare before taking a legislative or administrative action on any matter: “It may be considered that I have a degree of personal interest in the subject matter of this bill or action, but I declare that my argument and my ultimate vote answer only to my conscience and to my obligation to my constituents and the citizens of the state of Tennessee,” if:
      1. The person is employed by a business entity that employs a lobbyist, and such lobbyist is employed by the business entity to lobby such legislative or administrative action; or
      2. The matter is lobbied by a sibling, spouse or child of the person subject to the prohibition in § 2-10-123(a).
   2. The person may alternatively state that the person is declaring a potential conflict of interest, in accordance with this section, or indicate the conflict via the voting board in the chamber of the house of representatives or the senate.
5. The report shall be made under oath and shall contain a statement that a false statement on the report is subject to the penalties of perjury.
6. All disclosures made to the commission pursuant to this section are public records and open for inspection during regular business hours.
7. Failure to file a report required by this section is a Class C misdemeanor.

Acts 2005, ch. 102, § 1; 2006 (1st Ex. Sess.), ch. 1, §§ 28, 30, 31.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Offense of perjury, penalties, title 39, chapter 16, part 7.

Records open to public inspection, § 10-7-503.

2-10-128. Disclosures required of members of the general assembly.

1. Each member of the general assembly and the member's spouse shall annually report in writing to the Tennessee ethics commission, prior to April 15, the following information for the prior calendar year:
   1. The major source or sources of private income of more than two hundred dollars ($200), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, and such person's spouse, but no dollar amounts need be stated. The disclosure shall state the name and address of any entity that provides a source of private income of more than two hundred dollars ($200). This subdivision (a)(1) shall not be construed to require the disclosure of any client list or customer list, nor the address of any investment property. When reporting private income received from a security listed on the New York Stock Exchange, American Stock Exchange or the Nasdaq, the disclosure may state only the name of the entity, in lieu of disclosing the name and address of the entity. If a member or spouse's ownership of a business enterprise's securities provides income of more than two hundred dollars ($200), then the business enterprise shall be named in lieu of any investment brokerage firm or other fiduciary that may possess or manage the securities on behalf of the member or spouse. If a member or spouse's ownership of shares of a mutual fund provides income of more than two hundred dollars ($200), then the mutual fund shall be named in lieu of the business enterprises whose securities are owned by the mutual fund. For purposes of this subdivision (a)(1), income shall be reported for the calendar year in which it is received. When reporting private income received from investments with a federal or state chartered bank, the disclosure may state only the name of the bank, in lieu of stating the name and address of the bank;
   2. Any positions held during the applicable reporting period, including, but not limited to, those of an officer, director, trustee, general partner, proprietor, or representative of any corporation, firm, partnership, or other business enterprise, or any non-profit organization or educational institution. Both the year and month must be reported for the period of time the position was held. Positions with the federal government, religious, social, fraternal, or political entities, and those solely of an honorary nature do not require disclosure; and
   3. Any trust considered to be a “blind trust” pursuant to § 35-50-120 to which a member or the member's spouse is an interested party. The person making disclosure shall state that the person is an interested party to a blind trust and provide the name and address of the trustee of the trust. Notwithstanding any provisions of this subdivision (a)(3) to the contrary, the person making disclosure is not required to disclose any individual asset held in a blind trust.
2. The reports in subsection (a) shall be posted on the web site of the Tennessee ethics commission. The Tennessee ethics commission shall modify existing forms to accomplish the purposes of this section.
3. The commission shall create a consolidated form that provides for the disclosure of the information required to be reported by this section and § 8-50-502. Any person who is required to disclose information pursuant to this section and §  8-50-501 who files the consolidated form in a manner that complies with the requirements of those sections shall fulfill the requirements of this section and §  8-50-501. Filing the consolidated form prior to April 15 as required by this section shall also fulfill the requirements of §§ 8-50-503 and 8-50-504.

Acts 2005, ch. 102, § 1; 2005, ch. 476, § 2; 2005, ch. 486, §§ 2, 3; 2006 (1st Ex. Sess.), ch. 1, §§ 28, 32.

Code Commission Notes.

This section was amended by two acts in 2005, first by ch. 476, § 2, effective June 20, 2005, then by ch. 486, §§ 2 and 3, effective July 2, 2005, neither of the acts referring to the other. The section as set out above reflects the amendments by ch. 486. Acts 2005, ch. 476 purported to amend this section with provisions that are identical to those made by ch. 486, § 2, but with an effective date that predates the effective date of the section and was given no effect.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that act is, and may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Attorney General Opinions. Service on the board of the Tellico Reservoir Development Agency by a state representative, OAG 07-036 (3/26/07).

2-10-129. Disclosure of fees paid to a member of the general assembly or the member's spouse for services performed outside of the state.

1. 1. If any person or other entity that contracts with the state of Tennessee, pays more than a two hundred dollar ($200) fee, commission or other form of compensation, to a member of the general assembly or a member's spouse, for consulting services on contracts to which the state of Tennessee is not a party, and for which such consulting services are to be rendered outside the state of Tennessee, then such person or entity shall disclose the following to the Tennessee ethics commission:
      1. The name and address of the person or entity paying the fee, commission or other form of compensation;
      2. The person to whom the fee, commission or other form of compensation was paid, including the amount paid;
      3. The position of the person to whom the fee, commission or other form of compensation was paid;
      4. The date the services were rendered; and
      5. A general description of the services rendered.
   2. As used in this subsection (a), “consulting services” means services performed outside the state of Tennessee, which would be defined as “influencing legislative or administrative action”, in § 3-6-301, if such services were performed in the state of Tennessee. “Consulting services” also includes services to advise or assist a person or entity in maintaining, applying for, soliciting or entering into a contract with a state other than the state of Tennessee.
2. The disclosure shall be on a form designed by the Tennessee ethics commission, shall be made under oath, and shall contain a statement that a false statement on the report is subject to the penalties of perjury. A disclosure form shall be filed within five (5) days of entering into a contract not involving the state of Tennessee with a member of the general assembly. Such form shall be updated annually, no later than February 1, if necessary.
3. All disclosures made to the commission pursuant to this section are public records, and are open for inspection during regular business hours.
4. 1. It is a Class C misdemeanor for any person or entity to knowingly fail to file a disclosure form as required by this section.
   2. It is a Class C misdemeanor for any person or entity to file a disclosure form required by this section more than thirty (30) days after the date on which the report is due.

Acts 2005, ch. 476, § 3; 2006 (1st Ex. Sess.), ch. 1, § 28.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Offense of perjury, penalties, title 39, chapter 16, part 7.

Records open to public inspection, § 10-7-503.

2-10-130. Disclosure of fees, commissions or other compensation for consulting services paid to the governor, secretary of state, comptroller of the treasury, treasurer, governor's cabinet, cabinet level staff, or their spouses.

1. If any person or other entity that contracts with the state of Tennessee, pays more than a two hundred dollar ($200) fee, commission or other form of compensation, to the governor, secretary of state, comptroller of the treasury, treasurer, any member of the governor's cabinet, any cabinet level staff, or such persons' spouses, for consulting services on contracts to which the state of Tennessee is not a party, and for which consulting services are to be rendered outside the state of Tennessee, then the person or entity shall disclose the following to the Tennessee ethics commission:
   1. The name and address of the person or entity paying the fee, commission or other form of compensation;
   2. The person to whom the fee, commission or other form of compensation was paid, including the amount paid;
   3. The position of the person to whom the fee, commission or other form of compensation was paid;
   4. The date the services were rendered; and
   5. A general description of the services rendered.
2. As used in this section, “consulting services” means services performed outside the state of Tennessee that would be defined as influencing legislative or administrative action, in § 3-6-301, if those services were performed in the state of Tennessee. “Consulting services” also includes services to advise or assist a person or entity in maintaining, applying for, soliciting or entering into a contract with a state other than the state of Tennessee.
3. The disclosure shall be on a form designed by the Tennessee ethics commission, shall be made under oath, and shall contain a statement that a false statement on the report is subject to the penalties of perjury. A disclosure form shall be filed within five (5) days of entering into a contract not involving the state of Tennessee with persons subject to subsection (a). The form shall be updated annually, no later than February 1, if necessary.
4. All disclosures made to the commission pursuant to this section are public records, and are open for inspection during regular business hours.
5. 1. It is a Class C misdemeanor for any person or entity to knowingly fail to file a disclosure form as required by this section.
   2. It is a Class C misdemeanor for any person or entity to file a disclosure form required by this section more than thirty (30) days after the date on which the report is due.

Acts 2006 (1st Ex. Sess.), ch. 1, § 34.

Compiler's Notes. Acts 2006 (1st Ex. Sess.), ch. 1, § 1 provided that the act is and  may be cited as the “Comprehensive Governmental Ethics Reform Act of 2006.”

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Offense of perjury, penalties, title 39, chapter 16, part 7.

Records open to public inspection, § 10-7-503.

2-10-131. Investment of campaign funds.

1. All campaign funds must be deposited into and maintained in a financial institution insured by the federal deposit insurance corporation or the national credit union administration duly authorized to do business in Tennessee and operating under the authority of the department of financial institutions, the United States comptroller of the currency, or the federal reserve board.
2. Any interest, dividends, or income earned by an investment made pursuant to subsection (a) must be reported on the candidate's or political campaign committee's financial disclosure report.
3. Any campaign contribution received in a non-monetary form may be held in the form received until the contribution is used to pay expenditures. The funds must be deposited in accordance with subsection (a) at the time of conversion.
4. Any investment not authorized by subsection (a) is prohibited and the candidate, or in the case of a multicandidate political campaign committee, the treasurer, shall be subject to a civil penalty by the registry of election finance. The registry of election finance may impose a maximum civil penalty for a violation of this section of not more than ten thousand dollars ($10,000) or one hundred fifteen percent (115%) of the amount invested in violation of this section, whichever is greater.

Acts 2017, ch. 109, § 1.

Compiler's Notes. Former § 2-10-131 (Acts 2010, ch. 1095, § 3; repealed by Acts 2011, ch. 389, § 3, effective June 1, 2011), concerned the prohibition against corporations making contributions to any candidate.

Effective Dates. Acts 2017, ch. 109, § 2. July 1, 2017.

2-10-132. Designation as a political campaign committee for reporting purposes.

Notwithstanding any law to the contrary, a corporation that uses corporate funds, moneys or credits for communications expressly advocating the election or defeat of a clearly identified candidate which funds, moneys or credits are not used with the cooperation or with the prior consent of, or in consultation with, or at the request of, or suggestion of, a candidate or any agent or authorized committee of the candidate shall be considered a political campaign committee for purposes of reporting such expenditures. The corporation shall be required to file reports required by § 2-10-105(c)(1) and an appointment of treasurer form.

Acts 2010, ch. 1095, § 4.

Attorney General Opinions. Corporate contributions to political action committees under Acts 2010, ch. 1095. OAG 11-7, 2011 Tenn. AG LEXIS 7 (1/12/11).

Part 2
Registry of Election Finance

2-11-101. Composition of commission.

1. The state election commission shall be composed of seven (7) members.
2. Wherever in this code the board of elections of the state is referred to, the term “state election commission” shall be substituted.

Acts 1972, ch. 740, §§ 1, 6; 1975, ch. 72, §§ 1, 2; T.C.A., § 2-1101; Acts 2011, ch. 125, § 1.

Compiler's Notes. The state election commission is attached to the department of state for all administrative matters although the autonomy of the commission and its authority are not affected. See § 4-3-2103.

The state election commission, created by this section, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Acts 2011, ch. 125, § 5 provided that it is the intent of the general assembly that the act, which amended subsection (a), not increase the amount appropriated for compensation and travel expenses due to the increase in members serving on the commission. Each member shall receive compensation and travel expenses in accordance with §§ 2-11-107 and 2-11-108.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 8.

Attorney General Opinions. T.C.A. § 2-1-112(a) would not prohibit a city or county elected official from serving on the state election commission, OAG 02-117 (10/22/02).

T.C.A. § 2-1-112(a) prohibits a candidate for election or reelection to a county or city office or for election to any other state or local office from serving as a member of the state election commission, OAG 02-117 (10/22/02).

Tenn. Const. art. II, § 26 would not prohibit the same individual from serving on the state election commission and holding a local elective office at the same time, OAG 02-117 (10/22/02).

Conflicts of interest involving state and county election commissions, OAG 06-159 (10/9/06).

2-11-102. Qualifications of members.

Each member of the state election commission shall be at least twenty-five (25) years of age and shall have been a resident of the state for at least seven (7) years prior to such member's election. No more than two (2) members shall be from the same grand division, and each member shall have been a resident of the grand division such member represents for at least four (4) years preceding such member's election; provided, however, that if two (2) additional members are added pursuant to §  2-11-112, then no more than three (3) members shall be from the same grand division.

Acts 1972, ch. 740, § 1; 1975, ch. 72, § 3; T.C.A., § 2-1102; Acts 2009, ch. 376, § 2.

Compiler's Notes. Acts 2009, ch. 376, § 3 provided that it is the intent of the general assembly that the act, which amended § 2-11-102 and added § 2-11-112, not increase the amount appropriated for compensation and travel expenses due to the increase in members temporarily serving on the commission. Each member shall receive travel expenses in accordance with § 2-11-108 and any remaining amount shall be divided equally among all members as compensation in accordance with § 2-11-107.

Cross-References. Age discrimination in appointments to state boards and commissions prohibited, § 4-1-403.

Grand divisions, title 4, ch. 1, part 2.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 8.

2-11-103. Political composition of commission — Nominations.

1. Four (4) members of the commission shall be members of the majority party, and three (3) members of the commission shall be members of the minority party.
2. Each member to be elected shall first be nominated by a joint senate-house caucus of the members of the party of which such person is a member.

Acts 1972, ch. 740, § 1; 1975, ch. 72, § 4; T.C.A., § 2-1103; Acts 2011, ch. 125, § 2.

Compiler's Notes. Acts 2011, ch. 125, § 5 provided that it is the intent of the general assembly that the act, which amended subsection (a), not increase the amount appropriated for compensation and travel expenses due to the increase in members serving on the commission. Each member shall receive compensation and travel expenses in accordance with §§ 2-11-107 and 2-11-108.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 8.

2-11-104. Election of members.

1. All members shall be elected for a term of four (4) years, beginning on the first Monday in May 1979.
2. The election of the members of the state election commission shall be by joint resolution of both houses of the general assembly. The election is to take place in the joint session of both houses in which each member of the general assembly shall be entitled to one (1) vote.
3. Elections shall be held on any date fixed by joint resolution, but shall be held prior to the fourth Monday in March of the year of the election.
4. Nomination of members shall be in accordance with § 2-11-103.

Acts 1972, ch. 740, § 1; 1974, ch. 642, § 3; 1975, ch. 72, § 6; 1976, ch. 659, § 1; T.C.A., § 2-1104.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 8.

2-11-105. Vacancies.

1. Any person chosen to fill a vacancy shall be a bona fide member of the same party as the person such person replaces.
2. If a vacancy occurs in the membership of the state election commission at the time when the general assembly is in session, the vacancy may be filled by the general assembly in the same manner as full terms are. A person elected to fill a vacancy shall serve only for the remainder of the unexpired term of the member whose place such person fills.
3. If a vacancy occurs at a time when the general assembly is not in session, the vacancy shall be filled by the remaining members of the commission. If the remaining members of the commission are not able to agree on a successor to fill the vacancy within thirty (30) days of the time when such vacancy occurs, the secretary of state, the comptroller of the treasury, and the state treasurer, or a majority of those officers shall fill the vacancy. Persons selected to fill vacancies under this subsection (c) shall serve only until the next session of the general assembly, when the general assembly shall fill the vacancies as if they had occurred when the general assembly was in session.
4. If the general assembly adjourns without filling any vacancies, vacancies shall be filled in the same manner as if they had occurred when the general assembly was not in session.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1105.

2-11-106. Qualification and organization.

1. The members shall qualify within fifteen (15) days after their election and organize by the selection of one (1) member as chair and another as secretary.
2. The chair and secretary shall be elected for terms of one (1) year and shall be members of different political parties.
3. Failure on the part of a member to qualify by taking the oath shall vacate the election of such member.

Acts 1972, ch. 740, § 1; 1978, ch. 754, § 5; T.C.A., § 2-1106.

2-11-107. Compensation of members.

Each member of the state election commission shall receive as compensation such sum as the general assembly may appropriate.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1107.

2-11-108. Expenses.

1. The state election commission shall be allowed the necessary sum per annum, payable out of the state treasury, for stationery, postage, and expenses incidental to the conduct of the business of the commission, which shall be payable upon vouchers signed by the secretary and countersigned by the chair of the commission.
2. The members shall be entitled to reimbursement for travel expense incurred in the performance of their official duties in conformity with comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

Acts 1972, ch. 740, § 1; 1976, ch. 806, § 1 (24); 1978, ch. 754, § 6; T.C.A., § 2-1108.

Compiler's Notes. The state election commission is attached to the department of state for all administrative matters including expense accounts. See § 4-3-2103.

2-11-109. Meetings.

All meetings of the state election commission shall be held in the city of Nashville and at a place selected by the commission.

Acts 1972, ch. 740, § 1; 1973, ch. 321, § 1; T.C.A., § 2-1109.

2-11-110. Ex officio, nonvoting members.

The chair of the state primary board of any statewide political party which has no members on the state election commission shall be an ex officio, nonvoting member of the state election commission.

Acts 1972, ch. 740, § 1; 1978, ch. 754, § 7; T.C.A., § 2-1110.

2-11-111. Members prohibited from serving as political candidate's campaign manager or treasurer.

No member of the state election commission who is appointed to the commission after January 1, 2009, shall be the campaign manager or treasurer of any candidate's political campaign in a local, state or federal election during the commissioner's term of office. A violation of this section subjects the member to immediate removal from office by a majority vote of the other members of the state election commission. Nothing in this section shall be construed to prohibit a member of the state election commission from providing uncompensated advice on a one-on-one basis to a candidate or party officer, nor shall it prohibit providing a financial contribution to a candidate or party organization.

Acts 2008, ch. 1051, § 2.

Cross-References. County election commissioners prohibited from serving as political candidate's campaign manager or treasurer, § 2-1-112.

Attorney General Opinions. Constitutionality of restriction on political activity of election commissioners, OAG 07-023 (3/1/07).

2-11-112. Additional members from majority party added to commission.

Notwithstanding any other provision of this chapter to the contrary, if the majority party, as defined in § 2-1-104, changes as a result of the 2008 regular November election, then two (2) additional members from the majority party shall be added to the commission. The additional members shall meet the same qualifications and shall be appointed and elected in the same manner as other members of the commission.

Acts 2009, ch. 376, § 1; 2011, ch. 125, §§ 3, 4.

Compiler's Notes. Acts 2009, ch. 376, § 3 provided that it is the intent of the general assembly that the act, which amended § 2-11-102 and added § 2-11-112, not increase the amount appropriated for compensation and travel expenses due to the increase in members temporarily serving on the commission. Each member shall receive travel expenses in accordance with § 2-11-108 and any remaining amount shall be divided equally among all members as compensation in accordance with § 2-11-107.

Acts 2011, ch. 125, § 5 provided that it is the intent of the general assembly that the act, which amended this section not increase the amount appropriated for compensation and travel expenses due to the increase in members serving on the commission. Each member shall receive compensation and travel expenses in accordance with §§ 2-11-107 and 2-11-108.

2-11-113. Removal of member by general assembly.

The general assembly, by joint resolution, may remove a member of the state election commission for cause and may remove a member who becomes unqualified.

Acts 2019, ch. 250, § 8.

Effective Dates. Acts 2019, ch. 250, § 9. October 1, 2019.

Part 2
Coordinator of Elections

2-12-101. Commissioners — Appointment — Removal — Legal representation.

1. The state election commission shall appoint, on the first Monday in April of each odd-numbered year, five (5) election commissioners for each county, for terms of two (2) years and until their successors are appointed and qualified. The five (5) commissioners shall be the county election commission.
2. The state election commission shall remove a commissioner who becomes unqualified and may remove or otherwise discipline a commissioner for cause.
3. County election commissions shall be represented in legal proceedings as follows:
   1. If the legal proceeding names the county election commissioners as defendants and the lawsuit involves a municipal election, the municipality concerned shall furnish counsel to represent the commissioners;
   2. If the election involved in the legal proceedings is that of a county election, the county shall furnish counsel for the commissioners and if the election involved in the legal proceedings attacks a state law or presents a question concerning a state or federal election, the attorney general and reporter shall represent the commissioners either by the attorney general and reporter's own staff or by such counsel as the attorney general and reporter may designate;
   3. The counsel furnished, whether by municipality or county, shall be that chosen by the election commission unless the commission carries an insurance policy providing coverage of claims asserted in a lawsuit, in which case the provisions of the insurance policy control with respect to representation of the commission; and
   4. If, in order to properly discharge its duties, the county election commission has to bring legal action against a county or municipality, the compensation for the commission's legal representation shall be borne by the county or municipality, as the case may be.
4. The county election commission created by this section is the immediate successor to the commissioners of elections for each county. Wherever in the Tennessee Code the commissioners of elections for counties are referred to, the term “county election commission” shall be substituted.

Acts 1972, ch. 740, §§ 1, 7; 1974, ch. 535, § 1; 1979, ch. 316, § 3; T.C.A., § 2-1201; Acts 1980, ch. 609, § 6; 1993, ch. 208, § 2; 2019, ch. 44, § 1.

Amendments. The 2019 amendment inserted “unless the commission carries an insurance policy providing coverage of claims asserted in a lawsuit, in which case the provisions of the insurance policy control with respect to representation of the commission.” at the end of (c)(3) following “election commission”.

Effective Dates. Acts 2019, ch. 44, § 3. March 28, 2019.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 7.

Attorney General Opinions. Conflicts of interest involving state and county election commissions, OAG 06-159 (10/9/06).

2-12-102. Qualifications of commissioners.

1. 1. Except as provided in subdivision (a)(2), persons appointed to the county election commission shall be registered voters who have been residents of the state for five (5) years and residents of the county for which they are appointed for two (2) years.
   2. In counties having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, the persons appointed to the county election commission shall be registered voters who have been residents of the county for which they are appointed for two (2) years.
2. Any member of the county election commission who qualifies as a candidate for any public office while serving as a member of the commission shall automatically become disqualified to continue in office as a member of the commission, and a vacancy on the commission shall be considered to exist.
3. A person employed as an assistant public defender or an assistant district attorney may serve as a county election commissioner if such assistant public defender or assistant district attorney does not work in the district in which such assistant public defender or assistant district attorney lives.
4. Subsection (c) shall not apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.

Acts 1972, ch. 740, § 1; 1976, ch. 558, § 1; 1979, ch. 232, §§ 1, 2; T.C.A., § 2-1202; Acts 2003, ch. 374, §§ 19, 20.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Restrictions on commission or board membership or service as election official, § 2-1-112.

2-12-103. Political division of commission.

1. Three (3) members shall be members of the majority party and two (2) members shall be members of the minority party.
2. 1. The members of the majority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions.
   2. The members of the minority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions. The chair of the county election commission shall be a member of the majority party, and the secretary shall be a member of a minority party.
   3. When members of another statewide political party are required to be appointed to a county election commission, they shall be nominated by the party's state primary board.
   4. Before appointing county election commissioners, the members of the state election commission shall consult with the members of the general assembly serving each of the counties as to the persons to be appointed to the county election commissions.

Acts 1972, ch. 740, § 1; 1977, ch. 26, § 1; T.C.A., § 2-1203; Acts 2016, ch. 1069, § 1.

Amendments. The 2016 amendment added the second sentence to (b)(2).

Effective Dates. Acts 2016, ch. 1069, § 2. July 1, 2016.

Attorney General Opinions. While T.C.A. § 2-12-103(b)(4) requires the state election commission to consult with the local legislative delegation before appointing members of a county election commission, it does not mandate that the state election commission follow the recommendations of the local legislative delegation, OAG 05-049 (4/19/05).

2-12-104. Qualification by filing oath of office.

Persons appointed to the county election commission shall qualify within twenty (20) days after their appointment by filing their oath of office with the secretary of the state election commission. A failure to qualify shall vacate the office of the person failing to qualify.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1204.

Cross-References. Oaths of office, §§ 8-18-107 — 8-18-114.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 7.

2-12-105. Organization.

Within twenty (20) days after their appointment, the county election commissioners shall organize by the selection of a chair and a secretary of different political parties from among them. The county election commission shall within ten (10) days thereafter report to the secretary of the state election commission and to the coordinator of elections the names and addresses of the officers and other members of the commission.

Acts 1972, ch. 740, § 1; 1978, ch. 754, § 8; T.C.A., § 2-1205.

2-12-106. Vacancies.

The county election commission shall give prompt notice of all vacancies to the state election commission, which shall appoint a new commissioner of the same political party as the vacating commissioner to fill the unexpired term.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1206.

2-12-107. Issuance of commissions of appointment — Records.

1. The state election commission shall issue to the county election commissioners commissions of appointment signed by the chair.
2. The state election commission shall keep records of the names and addresses of all county election commissioners and their officers, of dates of appointment, and of political affiliations of commissioners, and shall keep the oaths filed by the commissioners.

Acts 1972, ch. 740, § 1; impl. am. Acts 1978, ch. 754, § 5; T.C.A., § 2-1207.

2-12-108. Compensation.

1. 1. Except as provided in subdivision (a)(2), each member of the county election commission shall receive each month from the county funds the following minimum amount as compensation for each day spent in the performance of such duties:
      1. In counties of the first class, seventy dollars ($70.00);
      2. In counties of the second class, sixty-five dollars ($65.00);
      3. In counties of the third class, sixty dollars ($60.00);
      4. In counties of the fourth class, fifty-five dollars ($55.00);
      5. In counties of the fifth class, fifty dollars ($50.00);
      6. In counties of the sixth class, forty-five dollars ($45.00); and
      7. In counties of the seventh class, forty dollars ($40.00).
   2. 1. In counties having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-eight thousand (288,000), and in counties having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the federal census of 1980 or any subsequent federal census, the chair of the county election commission shall receive three hundred fifty dollars ($350) per month and each other member of the commission shall receive three hundred dollars ($300) per month.
      2. In counties having a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census, the chair of the county election commission shall receive one thousand one hundred fifty dollars ($1,150) per month, and each other member of the commission shall receive one thousand dollars ($1,000) per month.
   3. The compensation may be increased by resolution of the county legislative body.
2. For the purpose of computing what amount of time entitles a commissioner to the minimum compensation as provided in subdivision (a)(1), such commissioner shall have worked not less than one (1) hour in any given twenty-four-hour period in order to be entitled to such payment. Payment shall be made for meetings which last less than one (1) hour if such meetings are required by statute in order to call or conduct an election, or to prepare the annual budget or meetings which are necessary if the election commission is involved in litigation.
3. 1. The amount provided in this section, or a greater amount provided by resolution duly adopted by the county legislative body, shall be paid to the members for each day's attendance at meetings of the body, or a greater amount provided by resolution duly adopted by the county legislative body as a stated salary per month.
   2. For the purposes of classifying the counties under this section, the population classifications established in § 8-24-101 shall be applicable.
   3. The population of counties for purposes of this section shall be determined by the 1990 federal census or the most recent succeeding federal census or a special census as provided in § 8-24-102(c).
   4. The above minimum compensation amounts shall in no way diminish a compensation already being paid that may be greater than the stated amount.

Acts 1972, ch. 740, § 1; impl. am. Acts 1978, ch. 754, § 8; 1979, ch. 306, § 5; T.C.A., § 2-1208; Acts 1980, ch. 609, § 5; 1984, ch. 623, § 1; 1986, ch. 514, § 1; 1987, ch. 173, § 1; 1988, ch. 931, § 1; 1999, ch. 197, §§ 9-11.

Code Commission Notes.

For the fiscal year county officials' salary schedule, see the County Technical Assistance Service web site at http://www.ctas.tennessee.edu.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Compensation of clerks and county officers, § 8-24-102.

2-12-109. Expenses.

1. 1. Except as otherwise provided by law, it is the responsibility of the county to fund the operations of its election commission. If a county fails to appropriate funds sufficient to pay expenses that are reasonably necessary for the discharge of the statutorily mandated duties of its county election commission, such commission may petition the chancery court of the county in which such election commission is located to compel the appropriation of such funds.
   2. If the county carries an insurance policy for the county election commission, its employees, or its election officials, the election commission shall comply with the terms of the insurance policy with respect to expenses covered by the policy.
2. All expenses, including compensation of its employees and election officials, incurred by the county election commission or its members in the performance of duties under this title in holding municipal elections shall be paid out of the funds of the municipality upon the certification of the chair and secretary of the county election commission except as otherwise expressly provided. If a municipal election is held on the same day as a county-wide election, the municipality shall pay only the expenses caused by the municipal election which would not otherwise have been incurred in conducting the county-wide election as certified by the chair and secretary of the county election commission. If, after a legal proceeding involving a municipal election, the court finds that a subsequent election must be held due to an error committed by the county election commission, then the county shall pay the expenses of the subsequent election, unless the court finds that the county election commission's error resulted from the county election commission's reliance on information provided by the municipality.
3. If a special election is held for the sole purpose of choosing a member of the general assembly under § 2-14-202(b), all expenses, including compensation of its employees and election officials, incurred by a county election commission or its members in the performance of duties under this title shall be paid out of the state treasury upon the certification of the chair and secretary of the county election commission to the secretary of state; provided, that the secretary of state shall review the claim for expenses and only those items certified by the secretary of state to the comptroller of the treasury shall be paid.
4. All expenses, including compensation of its employees and election officials, incurred by a county election commission or its members in the performance of its duties under this title in connection with the presidential preference primary shall be paid out of the state treasury upon the certification of the chair and secretary of the county election commission to the secretary of state; provided, that the secretary of state shall review the claim and only those items certified by the secretary of state to the comptroller of the treasury shall be paid. In years in which a presidential preference primary will be held, if a political party elects to hold their county primary with the presidential preference primary, then all expenses of the county primary shall likewise be borne by the state upon certification as set forth in this subsection (d).

Acts 1972, ch. 740, § 1; 1977, ch. 474, §§ 1, 2; 1978, ch. 754, § 10; T.C.A., § 2-1219; Acts 1983, ch. 345, § 1; 1986, ch. 562, § 21; 1986, ch. 930, § 6; 1996, ch. 603, § 1; 2003, ch. 374, § 18; 2011, ch. 182, § 4; 2019, ch. 44, § 2.

Amendments. The 2019 amendment added (a)(2).

Effective Dates. Acts 2019, ch. 44, § 3. March 28, 2019.

Attorney General Opinions. County election commissions: payment of expenses, OAG 99-206 (10/18/99).

2-12-110. Administration of oaths.

The county election commissioners may administer oaths in the performance of their duties.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1215.

2-12-111. Notices of elections.

1. The county election commission shall publish, in a newspaper of general circulation in the county or municipality in which the election is to be held, a notice of all elections, except special elections, not less than twenty-one (21) days before the qualifying deadline for candidates in the election which shall be named in the notice.
2. The county election commission shall publish, in a newspaper of general circulation in the county a notice of elections on questions not less than twenty (20) days nor more than thirty (30) days before the day of the election. The notice shall include in its entirety the resolution or other instrument requiring the holding of the election except for signatures or names.
3. The county election commission shall publish, in a newspaper of general circulation in the county, a notice of every election, stating the day, time and polling places for the election, not more than ten (10) nor less than three (3) days before the day of the election.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1216; Acts 1981, ch. 478, § 20; 2011, ch. 412, § 6.

Cross-References. Newspaper of general circulation defined, § 2-1-104.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 10.

2-12-112. Members of county commission in office throughout each election day.

In any county having 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, the members of the county election commission shall be in the commission office throughout each election day unless they are out for good cause.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1217; Acts 1993, ch. 518, §§ 2, 21.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

2-12-113. Names of election officials failing to serve submitted to grand jury.

The chair of the county election commission shall furnish the first grand jury sitting in the county after an election the names of all appointed election officials who failed to serve in the election and who did not notify the commission in advance that they could not. If an affidavit has been filed by an official with the commission setting forth why the official did not serve, the chair shall furnish it to the grand jury together with the chair's recommendation.

Acts 1972, ch. 740, § 1; 1978, ch. 754, § 9; T.C.A., § 2-1218.

2-12-114. Information provided for coordinator of elections.

1. Each county election commission shall provide to the coordinator of elections the following information by precinct beginning on June 1, 1995, and each six (6) months thereafter:
   1. The number of active voters and the number of inactive voters at the beginning of the reporting period;
   2. The number of active voters and the number of inactive voters at the end of the reporting period;
   3. The number of new valid voter registrations for the reporting period. This number shall not include duplicates, rejected registrations, and changes of names and addresses within the county; and
   4. The number of active voters and the number of inactive voters purged during the reporting period.
2. Each county election commission shall on the same schedule established in subsection (a) provide to the coordinator of elections the following information for the county:
   1. The number of registration applications received during the reporting period from the following categories of sources:
      1. Those registering to vote in the county election commission office or other supplemental registrations held by or on behalf of the county election commission;
      2. The department of safety, motor vehicle offices;
      3. By-mail registration;
      4. Public assistance agencies serving as voter registration agencies. This includes the following state departments: human services, mental health and substance abuse services, intellectual and developmental disabilities, health, and veterans services;
      5. State-funded agencies primarily serving persons with disabilities;
      6. Armed forces recruitment offices; and
      7. Passive registration agencies: public libraries, county clerks, and registers of deeds;
   2. The number of duplicate registration applications received during the six-month period from the same categories of sources; and
   3. The number of confirmation notices mailed out during the six-month period and the number of responses received to those confirmation notices.

Acts 1979, ch. 317, § 1; T.C.A., § 2-1221; Acts 1995, ch. 76, § 1; 2011, ch. 158, § 1; 2012, ch. 575, § 1; 2015, ch. 24, § 7.

Compiler's Note. Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans' affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

Amendments. The 2015 amendment substituted “veterans services” for “veterans affairs” at the end of (b)(1)(D).

Effective Dates. Acts 2015, ch. 24, § 9. July 1, 2015.

2-12-115. Holdover powers of county election commission upon subdivision of county.

In all cases not otherwise provided for, when fractions of counties have been cut off to establish a new county, the county election commission of each old county shall, until the next apportionment of representatives, hold all elections for governor, members of congress, and members of the general assembly.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1220.

2-12-116. Duty to promote voter registration and the electoral process.

The county election commission shall promulgate such policies as are necessary to aid the personnel of the election commission office in the performance of their duties with regard to the promotion of voter registration and the electoral process. These duties shall include the following:

1. The commission shall appoint an administrator of elections, who shall be the chief administrative officer of the commission and shall be responsible for the daily operations of the commission office and the execution of all elections. After May 31, 1993, any administrator appointed at large for the first time to such position shall possess a high school education or GED(R). In evaluating a prospective appointee, the commission shall consider the knowledge and experience of such prospective appointee in the following areas: administrative, managerial, instructional, communication, budgetarial, purchasing, promotional, legal and general office skills and other related skills necessary to fulfill the statutory requirements of administrator;
2. Upon the recommendation of the administrator, the commission shall approve an annual budget for the operation of the election commission;
3. Upon the recommendation of the administrator, the commission shall be responsible for approving any voting equipment to be purchased by the county for use by the commission;
4. Upon the recommendation of the administrator, hire legal counsel if necessary to conduct the business of the commission;
5. The commission shall appoint voting machine technicians as required in § 2-9-103. A voting machine technician shall work under the direction of the administrator;
6. The commission shall certify all voting machines prior to each election and shall canvass all voting machines after each election;
7. The commission shall assist the administrator in designating polling places, precinct boundaries and, in conjunction with the primary boards and the administrator, shall assist in obtaining and appointing poll workers as needed for each election;
8. The commission shall be responsible for locking or sealing all absentee ballot boxes and shall retain possession of the keys for such boxes;
9. The commission members shall be available to assist election commission personnel upon request throughout each election day;
10. The commission may act as the central absentee counting board if the total number of absentee ballots to be counted is fewer than one hundred (100);
11. The commission shall be responsible for certifying the results of each election in regard to official tabulations and shall be responsible for certifying all expenses incurred in regard to the commission's responsibility in the performance of its duties for a presidential preference primary or a special election for the sole purpose of selecting a member of the general assembly;
12. The commission shall be responsible for the keeping and writing of the minutes of all commission meetings;
13. The commission shall be responsible for determining a uniform time for the opening of the polls;
14. The commission members shall not request, except in the event of an emergency, that the administrator employ members of the county election commission, their spouses, parents, brothers, sisters or children, including in-laws, of commission members as clerical assistants, absentee voting deputies, poll officials or as a member of the absentee counting board;
15. The commission shall be responsible for maintaining the security of the election commission office and any other rooms or facilities it may use in the performance of its duties, including all locks and keys. The commission may delegate this responsibility to the administrator; and
16. The commission members shall not appoint or hire, except in the event of and during an emergency, spouses, parents, brothers, sisters, or children, including in-laws, of the administrator as deputies, clerical assistants, absentee voting deputies, machine technicians, poll officials, or as members of the absentee counting board.

Acts 1993, ch. 518, §§ 1, 21; 1994, ch. 859, § 10; 1997, ch. 558, § 17; 2011, ch. 236, § 1; 2013, ch. 268, §§ 1, 6.

Compiler's Notes. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22.

2-12-117. Development of Internet based electronic filing process.

1. Each county election commission is authorized to develop, with the advice, assistance and approval of the registry of election finance, an Internet based electronic filing process for use by candidates for local public office and all political campaign committees for a local election in such county or in the municipalities located in such county that are required to file statements and reports with such county election commission.
2. Such system shall provide each candidate and political campaign committee with secure access to the electronic filing system and provide safeguards against efforts to tamper or change the data in any way.
3. Once the electronic filing system is completed and tested, the county election commission shall provide public notice that the system is operational and available for filers to commence use.
4. If a county election commission decides to develop such an Internet based electronic filing process, any and all costs for such development and Internet posting shall be an expenditure of such county election commission.
5. If a county election commission develops and implements an Internet based electronic filing process pursuant to this section, then the county election commission shall notify the division of elections in the secretary of state's office at least ninety (90) days prior to its use.

Acts 2004, ch. 898, § 1; 2015, ch. 177, § 1.

Amendments. The 2015 amendment added (e).

Effective Dates. Acts 2015, ch. 177, § 2. April 16, 2015.

Part 2
Administrators and Registrars

2-13-101. Chapter definitions.

In this chapter, “political party” and “party” mean “statewide political party” unless another intent is clearly shown.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1302.

2-13-102. Creation of state primary boards.

1. Each political party shall have a state executive committee which shall be the state primary board for the party.
2. The state primary board shall perform the duties and exercise the powers required by this title for its party.
3. The state primary board of each statewide political party created by this section is the immediate successor to the state board of primary election commissioners of each party. Wherever in the Tennessee Code the state board of primary election commissioners of a political party is referred to, “state primary board” shall be substituted.

Acts 1972, ch. 740, §§ 1, 8; T.C.A., § 2-1303.

Attorney General Opinions. T.C.A. §§ 2-13-102, 2-13-103, and 2-17-104, which require the establishment of a state primary board for each political party in Tennessee and give that board certain authorities, do not infringe on the political parties’ First Amendment right to freedom of association. OAG 19-11, 2019 Tenn. AG LEXIS 13 (7/30/2019).

2-13-103. State executive committee — Election — Composition — Terms.

1. Members of the state executive committee for each party are elected at the regular August primary election immediately before the election of the governor.
2. In each party's primary its voters in each senatorial district shall elect one (1) man and one (1) woman as members of the state executive committee for terms of four (4) years beginning on September 15 following their election.
3. Persons elected shall qualify by taking the oath of office and filing it with the coordinator of elections.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1304.

Attorney General Opinions. T.C.A. §§ 2-13-102, 2-13-103, and 2-17-104, which require the establishment of a state primary board for each political party in Tennessee and give that board certain authorities, do not infringe on the political parties’ First Amendment right to freedom of association. OAG 19-11, 2019 Tenn. AG LEXIS 13 (7/30/2019).

2-13-104. Party membership requirements for candidates.

All candidates for state executive committee membership and for membership in the general assembly shall be bona fide members of the political party whose election they seek. Except as provided in § 2-13-115, a party may require by rule that candidates for its nominations be bona fide members of the party.

Acts 1972, ch. 740, § 1; 1973, ch. 106, § 3; T.C.A., § 2-1305; Acts 2018, ch. 992, § 1.

Amendments. The 2018 amendment, in the second sentence, substituted “Except as provided in § 2-13-115, a” for “A”.

Effective Dates. Acts 2018, ch. 992, § 3. May 21, 2018.

2-13-105. Vacancies on state executive committee.

Each state executive committee may, by vote of its members, temporarily fill a vacancy in its membership due to death, resignation, disqualification, change of residence, persistent absence from meetings without good cause, or violation of the oath of office until a successor is chosen at the next regular August election.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1306.

2-13-106. State primary board — Operating provisions.

When acting as the state primary board of its party, the state executive committee shall operate subject to the following provisions:

1. The chair and secretary of the committee, duly elected under the rules of the political party, shall be the chair and secretary of the board;
2. Unless elected to the committee under § 2-13-103, the chair shall vote only in the event of a tie vote among the members and the secretary shall not vote; and
3. If there is not a quorum at a properly called meeting, the members present may adjourn from day to day and may treat the absence of a member after the first day of the meeting as a temporary vacancy unless there is known to be good cause for the absence. The members present may fill the vacancy for that meeting only.

Acts 1972, ch. 740, § 1; 1978 ch. 754, § 11; T.C.A., § 2-1307.

2-13-107. Recognition as a minor party.

1. 1. To be recognized as a minor party for purposes of a primary election, a petition as required in § 2-1-104 must be filed no later than twelve o'clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in § 2-5-101(a) in the office of the coordinator of elections. Notwithstanding the minimum number of signatures required in § 2-1-104(a)(23), if an organization intends to establish a recognized minor party solely within one (1) county, in all other respects, the petition shall conform to the requirements established therein, except the petition must at a minimum bear the signatures of registered voters within such county equal to at least two and one-half percent (2.5%) of the total number of votes cast within such county for gubernatorial candidates in the most recent election for governor. The petition shall be accompanied by the name and address of the person or the names and addresses of the members of the group or association filing the petition to form the recognized minor political party.
   2. To be recognized as a minor party for purposes of a general election, a petition as required in § 2-1-104 must be filed in the office of the coordinator of elections no later than twelve o'clock (12:00) noon, prevailing time, ninety (90) days prior to the date on which the general election is to be held. Notwithstanding the minimum number of signatures required in § 2-1-104(a)(23), if an organization intends to establish a recognized minor party solely within one (1) county, in all other respects, the petition shall conform to the requirements established therein, except the petition must at a minimum bear the signatures of registered voters within such county equal to at least two and one-half percent (2.5%) of the total number of votes cast within such county for gubernatorial candidates in the most recent election for governor. The petition shall be accompanied by the name and address of the person or the names and addresses of the members of the group or association filing the petition to form the recognized minor political party.
2. Within thirty (30) days after receipt of such petition, the coordinator of elections shall determine the sufficiency of the petition, and if the petition is found sufficient, the minor party shall be recognized with all rights and obligations declared in this section.
3. Upon filing the required petition, candidates seeking to represent the minor party in a primary election must file nominating petitions as any other candidate for the desired office no later than twelve o'clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in § 2-5-101(a). If the coordinator of elections determines the petition meets the statutory requirements to be declared a recognized minor party, the candidates seeking to represent such minor party shall be placed on the appropriate primary ballot for such minor party. If the coordinator of elections determines the petition fails to meet the statutory requirements to be declared a recognized minor party, the candidates seeking to represent such minor party shall be placed on the appropriate general election ballot as independent candidates.
4. The name used by the minor party shall not be or include the name of any statewide political party then in existence or any word forming any part of the name of any statewide political party then in existence, and shall not include the word “independent” or “nonpartisan.” The coordinator of elections shall redact any portion of a minor party name that violates this section.
5. 1. A recognized minor party must satisfy the requirements of § 2-1-114 no later than June 1 after the May primary elections are held pursuant to § 2-13-203(d) in order for its candidates to appear on the regular August general election ballot. If a recognized minor party fails to satisfy the requirements of § 2-1-114 by the required deadline, its candidates shall appear on the regular August general election ballot as independent candidates.
   2. A recognized minor party must satisfy the requirements of § 2-1-114 no later than September 1 after the primary elections are held pursuant to § 2-13-202 in order for its candidates to appear on the regular November general election ballot. If a recognized minor party fails to satisfy the requirements of § 2-1-114 by the required deadline, its candidates shall appear on the regular November general election ballot as independent candidates.
6. If a petition filed pursuant to this section is determined to be sufficient by the coordinator of elections pursuant to subsection (b), such party shall be recognized as a minor party for all remaining primary and general elections in the current election year. However, if the recognized minor party is established solely within one (1) county, at least one (1) candidate for the recognized minor party must have received a number of votes equal to at least five percent (5%) of the total number of votes cast for candidates for the office of county mayor in the most recent election for such office. To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in § 2-1-104. A recognized minor party who fails to meet such requirements shall cease to be a recognized minor party. Such party may regain recognition only by following the procedures for formation of a recognized minor party. The coordinator of elections shall advise each county election commission of a recognized minor party's failure to receive a sufficient number of votes and shall order that said party cease to be recognized.
7. A recognized minor party shall be exempt from the requirements of §§ 2-13-103, 2-13-106 and 2-13-108.

Acts 1972, ch. 740, § 1; 1978, ch. 754, § 12; T.C.A., § 2-1308; Acts 2011, ch. 257, § 4; 2012, ch. 955, §§ 1-4; 2014, ch. 734, §§ 1-3.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 734 took effect on April 21, 2014.

Amendments. The 2014 amendment added the second sentences in (a)(1), (2) and (f).

Effective Dates. Acts 2014, ch. 734, § 5. April 21, 2014. [See the Compiler's Notes.]

2-13-108. Meetings of state primary boards — Appointment of county primary boards.

1. 1. Each state primary board shall meet at a public building in Nashville at least once in every even-numbered year at the call of its chair, or on such other occasions as may be necessary in order that it may fulfill its duties under this title.
   2. Meetings of each state primary board shall be open and subject to title 8, chapter 44.
2. Each state primary board shall appoint five (5) persons in each county, for terms of two (2) years from the date of their appointment and until their successors are appointed and qualified by taking the oath, to compose its county primary boards.
3. The county primary board of each statewide political party created by this section for each county is the immediate successor to the county boards of primary election commissioners of each political party. Wherever in the Tennessee Code the county boards of primary election commissioners of political parties are referred to, “county primary board” shall be substituted.

Acts 1972, ch. 740, §§ 1, 9; 1974, ch. 465, § 1; 1976, ch. 739, §§ 1-3; 1977, ch. 480, § 7; T.C.A., § 2-1309.

2-13-109. Political party membership requirement for county primary boards.

Members of the county primary boards shall be bona fide members of the political party to whose county primary board they are appointed.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1310.

2-13-110. Lists of nominees for county primary boards.

1. Each state primary board shall appoint the members of its county primary boards from lists submitted by the county executive committees.
2. Where the list submitted by the county executive committee is not divided fairly among the elements of the party, the state primary board may appoint two (2) members of the county primary board without regard for the list, but it shall appoint the other three (3) members from the list submitted by the county executive committee.
3. If no list is submitted, the state primary board shall draw up its own list of nominees from which it shall appoint the county primary board for that county or it may designate the county election commission to act as its county primary board.

Acts 1972, ch. 740, § 1; 1976, ch. 600, § 1; T.C.A., § 2-1311.

2-13-111. Organization of county primary boards.

The county primary boards shall organize within ten (10) days after their appointment by the election of a chair and secretary.

Acts 1972, ch. 740, § 1; 1978, ch. 754, § 13; T.C.A., § 2-1312.

2-13-112. Vacancies on county primary board.

Each county primary board shall immediately notify its state primary board upon the occurrence of any vacancy in its membership. The state primary board shall appoint new members to fill any vacancies in the membership of its county primary boards due to death, resignation or other cause. The person so appointed shall hold office during the unexpired term for which the person was appointed.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1313.

2-13-113. Information furnished primary boards.

The state and county election commissions shall furnish to the state and county primary boards such information and such access to records as may be required to enable the boards to carry out their duties under this title.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1318.

2-13-114. Calendar of appearances.

1. The state executive committees for each statewide political party are urged to jointly establish a calendar of appearances in each county in this state enabling their respective gubernatorial candidates to appear together during the time between the primary and general elections.
2. At each such appearance, each candidate is to be given an opportunity to speak to those attending the event, and following each candidate's speech, a time is to be provided for a town-hall forum.
3. The schedule, if established, should be posted on the web site of each political party no less than fifteen (15) days prior to the primary election. Once established, any change to a scheduled appearance or if one of the candidates should be unable to appear, should be posted as soon as such information is available to the respective committee.

Acts 2009, ch. 236, § 1.

2-13-115. Exemption for honorably discharged veterans running for political office.

A person who is an honorably discharged veteran of the United States armed forces, a member of the Tennessee national guard, a member of the Tennessee air national guard, or an inactive reservist of any of the United States uniformed military services in good standing must not be disqualified as a candidate for any office if, for service-related reasons, that person was unable to comply with a statewide political party's or recognized minor party's rules for candidacy for nomination for such party, and such service-related reasons are the sole reason the person is unable to qualify.

Acts 2018, ch. 992, § 2.

Effective Dates. Acts 2018, ch. 992, § 3. May 21, 2018.

Part 2
Selection of Candidates

2-14-101. Special elections — When required.

Special elections shall be held when a vacancy in any office is required to be filled by election at other times than those fixed for general elections.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1401.

Cross-References. Vacancy filled without official notice of vacancy, § 8-48-108.

Vacancy in office of United States senator or representative in congress, § 2-16-101.

Attorney General Opinions. Authority to call special election to fill vacancy, OAG 97-019 (3/3/97).

2-14-102. Time of holding special election.

1. Special elections shall be held not less than seventy-five (75) days nor more than eighty (80) days after the officer or body charged with calling the election receives notice of the facts requiring the call. An election for an office shall be held on the same day in every county in which it is held.
2. 1. If it is necessary to hold a special election to fill a vacant seat in the United States house of representatives, a vacancy in a county office, or a vacancy in any municipal office, and the date for such election, as established under subsection (a), falls within thirty (30) days of an upcoming regular primary or general election being held in that district, the governor, or the county election commission, as specified in § 2-14-103, may issue the writ of election for the special election for the date which will coincide with the regular primary or general election.
   2. If the date of the election is adjusted, as provided in subdivision (b)(1), all other dates dependent on the date of election shall be adjusted accordingly, and any filing of candidacy, or qualifying petitions, financial statements, or other acts shall be timely done if performed in accordance with the revised dates.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1402; Acts 1980, ch. 649, § 2; 1981, ch. 478, § 10.

Cross-References. Time for holding special election to fill vacancy in general assembly, § 2-14-202.

2-14-103. Order for special elections.

The governor shall, by writs of election, order special elections for all offices except county and municipal offices for which elections shall be ordered by the county election commission.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1403.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 2.

2-14-104. Order — Contents and direction.

1. The order to hold an election for an office shall specify the counties, county or district in which and the day on which the election is to be held, the reason for the election, and the name of the person in whose office the vacancy has occurred.
2. The order shall be directed to the county election commission or commissions which are to hold the election.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1404.

2-14-105. Publication of notice.

Within ten (10) days after receipt of an order to hold a special election or notice of facts requiring a special election, the county election commission shall publish, in a newspaper of general circulation in the county, a notice of the date and purpose of the election.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1405.

Cross-References. Newspaper of general circulation defined, § 2-1-104.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 10.

Collateral References.

Statutory provision as to manner and time of notice of special election as mandatory or directory. 119 A.L.R. 661.

2-14-106. Time when qualifying petitions are to be filed.

1. Candidates for office in a special 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 election to have their names printed on the ballots. Party nominations shall be made under §§ 2-5-101(g) and 2-13-204 subject to the deadline in the preceding sentence.
2. In counties having a population in excess of six hundred thousand (600,000), according to the federal census of 1970 or any subsequent federal census, when a special election is being held in conjunction with either a municipal, August primary or general election, the time of qualifying for candidates to the office for which the special election is being held shall conform and be governed by the same time and the same date prescribed for the municipal, August primary or general election; but in no way shall the time for qualifying specified by this subsection (b) be less than the qualifying time prescribed for the special election.

Acts 1972, ch. 740, § 1; 1975, ch. 84, § 1; T.C.A., § 2-1406; Acts 2012, ch. 1101, § 10.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Failure to use standard time, § 4-1-401.

2-14-107. Special elections to fill vacancy in U.S. house of representatives or general assembly — Requirements and procedures.

1. If it is necessary to hold a special election to fill a vacant seat in the United States house of representatives or the general assembly, the requirements of §§ 2-1-104 and 2-13-107 shall apply, except the petition must at a minimum bear the signatures of registered voters within the legislative district for which the special election has been called equal to at least two and one-half percent (2.5%) of the total number of votes cast within such legislative district for gubernatorial candidates in the most recent election for governor.
2. To be recognized as a minor party for purposes of a special primary or general election, a petition as described in subsection (a), must be filed no later than twelve o'clock (12:00) noon, prevailing time, on the appropriate qualifying deadline for such special primary in the office of the coordinator of elections.
3. Except as provided in this section, §§ 2-1-104 and 2-13-107 shall govern the process.

Acts 2014, ch. 734, § 4.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 734 took effect on April 21, 2014.

Effective Dates. Acts 2014, ch. 734, § 5. April 21, 2014. [See the Compiler's Notes.]

Part 2
Vacancies

NOTES TO DECISIONS

1. Population Figures.

Where plaintiffs' argument that the reapportionment effected by this section in 1972 was unconstitutional, was based upon the population figures in the official 1970 federal census, and opposing parties offered the figures in the 1975 “provisional estimates” of population to show that the original malapportionment had corrected itself, the court held that in the absence of clear, cogent and convincing proof that the 1975 figures were the best evidence as opposed to the 1970 figures, the court had to rely on the 1970 figures and thus entered a decree reapportioning the districts. Dixon v. Hassler, 412 F. Supp. 1036, 1976 U.S. Dist. LEXIS 15936 (W.D. Tenn.), aff'd, 429 U.S. 934, 97 S. Ct. 346, 50 L. Ed. 2d 303, 1976 U.S. LEXIS 3429 (1976).

Collateral References.

Construction and Application of Elections Clause of United States Constitution, U.S. Const. Art. I, § 4, cl. 1, and State Constitutional Provisions Concerning Congressional Elections,  34 A.L.R.6th 643.

Propriety of using census data as basis for governmental regulations or activities—state cases. 56 A.L.R.5th 171.

Referendum, act of state legislature redistricting the state for congressional purposes as subject to state referendum. 5 A.L.R. 1417, 83 A.L.R. 1374, 87 A.L.R. 1321, 122 A.L.R. 717.

NOTES TO DECISIONS

1. Election Contests Generally.

An election contest is a proper proceeding to test the validity of an election on the charge that the candidate receiving the highest number of votes cast in the election had not complied with the residence requirement and was ineligible on the day of the election to hold the office. Hatcher v. Bell, 521 S.W.2d 799, 1974 Tenn. LEXIS 427 (Tenn. 1974).

Where plaintiffs in action for declaratory judgment claimed that county referendum election was invalid because the question submitted was inadequate and misleading in that it failed to refer to the effect which the private act voted upon had on the powers and functions of the county judge, the claims amounted to an election contest. Dehoff v. Attorney Gen., 564 S.W.2d 361, 1978 Tenn. LEXIS 539 (Tenn. 1978).

Where a complaint alleged that under the rules of the State Democratic Party, the Democratic Executive Committee had no power to nominate candidates for Justice of the State Supreme Court and that the nomination of defendant by the committee was void, the complaint alleged no irregularities in the general election nor any constitutional disqualifications on the part of defendant, and thus, although the complaint termed itself an “election contest,” it was no more than a contest of the nomination and failed to come under the purview of T.C.A. § 2-17-101. Taylor v. Tennessee State Democratic Executive Committee, 574 S.W.2d 716, 1978 Tenn. LEXIS 677 (Tenn. 1978).

Judgment declaring the candidate's opponent the winner of the election was affirmed in accordance with T.R.A.P. 24(c), because the appellate court must presume that the evidence supported the trial court's findings and ultimate conclusion that the candidate had not proven that the two votes were illegal such that a new election should be ordered; in order for the candidate to prove that there were two illegal votes, he must demonstrate that the two voters voted by paper ballot when all others voters voted by machine, and that these two voters did not use a paper ballot because they were in need of assistance pursuant to T.C.A. § 2-7-116. Reinhardt v. Neal, 241 S.W.3d 472, 2007 Tenn. App. LEXIS 368 (Tenn. Ct. App. June 11, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 919 (Tenn. Oct. 15, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 947 (Tenn. Oct. 22, 2007).

Disappointed candidate for a county commission seat failed to establish grounds for an election contest under T.C.A. § 2-17-101 et seq., based on the election commission's honest mistake in accepting the candidate's opponent's petition signatures, although two signatures were found to be invalid. There was no allegation that anyone cast an illegal vote, and no showing that the election was so permeated with fraud and illegality that it could not be said to fairly reflect the will of the voters. Barrett v. Giles County, — S.W.3d —, 2011 Tenn. App. LEXIS 548 (Tenn. Ct. App. Oct. 5, 2011).

In an election contest case brought pursuant to T.C.A. § 2-17-101 et seq., while there was no doubt that the election was not perfect, and that mistakes were made by the county election commission, the unsuccessful candidates failed to show that fraud or illegality so permeated the election as to render it incurably uncertain where there was a complete lack of evidence on several asserted grounds, and an expert in election procedures discovered no intentional fraud, illegality, or conspiracy on the part of the commission to manipulate the election. Newman v. Shelby County Election Comm'n, — S.W.3d —, 2012 Tenn. App. LEXIS 94 (Tenn. Ct. App. Feb. 13, 2012).

2. Jurisdiction of Contest.

T.C.A. § 2-17-101 confers exclusive jurisdiction on the chancery courts for election contests, not contests of the title to nomination of a political party for office. Taylor v. Tennessee State Democratic Executive Committee, 574 S.W.2d 716, 1978 Tenn. LEXIS 677 (Tenn. 1978).

3. Standing to Contest Election.

Opposing candidate in election is a proper party to institute election contest proceedings. Hatcher v. Bell, 521 S.W.2d 799, 1974 Tenn. LEXIS 427 (Tenn. 1974).

T.C.A. § 2-17-101 governs the right to contest an election and a group coming into existence after an election for the adoption or rejection of a question had no standing to contest the election. Moyers v. Sherrod, 525 S.W.2d 126, 1975 Tenn. LEXIS 649 (Tenn. 1975).

Where city officials, concerned over the loss of revenue which would be sustained if a county referendum resulted in a favorable vote on the enabling sales tax resolution adopted by the quarterly county court [now county legislative body], met twice informally prior to the referendum, but their objective was not to organize a campaign in opposition to the question presented to the voters but to await the results and thereafter take whatever action they deemed to be in the interests of their respective cities, the city officials did not constitute a “campaign committee” or individuals who had “charge of a campaign for the adoption or rejection of a question submitted to the people” within the purview of T.C.A. § 2-17-101 and so had no standing to contest the referendum. City of Greenfield v. Butts, 573 S.W.2d 748, 1978 Tenn. LEXIS 672 (Tenn. 1978).

While T.C.A. § 2-17-101 does not contain a definition of a “campaign committee” or of a “campaign” regarding a question, it would be an unreasonable interpretation to hold that a group of individuals, who were not even qualified to vote, could simply agree privately to oppose a referendum and then later contend that they had standing under that section to contest an unfavorable result. City of Greenfield v. Butts, 573 S.W.2d 748, 1978 Tenn. LEXIS 672 (Tenn. 1978).

Municipal corporations could not challenge the county sales tax referendum held pursuant to T.C.A. § 67-6-706, under the provisions of T.C.A. § 2-17-101, relating to election contests generally. City of Greenfield v. Butts, 573 S.W.2d 748, 1978 Tenn. LEXIS 672 (Tenn. 1978).

A person who cannot legally hold the office in question is not a “candidate” for the purpose of bringing lawsuits to contest elections. Gilpatrick v. Reneau, 661 S.W.2d 863, 1983 Tenn. LEXIS 749 (Tenn. 1983).

Plaintiff had standing to contest the election as a private citizen, notwithstanding the provisions of T.C.A. § 2-17-101(b). Brackin v. Sumner County, 814 S.W.2d 57, 1991 Tenn. LEXIS 292 (Tenn. 1991).

Plaintiff had standing to challenge election results as an individual in charge of a campaign even though it may not have gotten beyond the stages of a one-man campaign because of the time limitations mandated by T.C.A. § 2-17-105, where he had 6,100 supporters who had signed his petitions, among whom were advocates who had contributed to his campaign. Brackin v. Sumner County, 814 S.W.2d 57, 1991 Tenn. LEXIS 292 (Tenn. 1991).

School board candidate had standing to contest the election even though his residence was no longer in the new district where he had been eligible to serve at the time of the election, and thus, he was a candidate under T.C.A. § 2-17-101. Whalum v. Shelby County Election Comm'n, — S.W.3d —, 2014 Tenn. App. LEXIS 612 (Tenn. Ct. App. Sept. 30, 2014).

In order to qualify as an unsuccessful candidate for purposes of T.C.A. § 2-17-101(b), the candidate must be legally eligible to hold the contested office. Whalum v. Shelby County Election Comm'n, — S.W.3d —, 2014 Tenn. App. LEXIS 612 (Tenn. Ct. App. Sept. 30, 2014).

Collateral References.

Cost or reimbursement for expenses incident to election contest or recount. 106 A.L.R. 928.

Custody of ballots since original count, determination of facts as condition of recount. 71 A.L.R. 435.

Power of election officers to withdraw or change their returns. 168 A.L.R. 855.