Title 2, Elections

The testimony in an election contest may be taken orally or by deposition, upon such notice as the court may prescribe, and the court may make all necessary orders with respect to any matter required in the contest.

The clerk of the court may, upon the application of either party, issue subpoenas for witnesses, and the witnesses summoned shall be bound under the same penalties as witnesses in the circuit court to attend and give evidence, and for such attendance shall be allowed the same com…

(a) Poll books, voter signature lists and ballot applications, or copies of them, certified by the officer having custody of them, are official records and shall be received as evidence in any case arising out of the election. They may be impeached by other evidence. (b) If the p…

(a) If voting machines were used in the election, any party to the contest who challenges either the accuracy of the voting machines or the accuracy of the election officials' recording of the vote on the machines may have the machine or machines brought into court to be examined…

The clerk of the court shall keep minutes of the proceedings in contested election cases as in other cases.

(a) After hearing the case, the court shall give judgment either:(1) Confirming the election;(2) Declaring the election void;(3) Declaring a tie between persons who have the same number of votes if it appears that two (2) or more persons who have the same number of votes have, or…

If the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of constitutional disqualifications on that person's part or for other causes, the election shall be declared void.

(a) A judgment confirming an election or declaring a person elected to an office commissioned by the governor shall be certified to the secretary of state. In all other cases, the judgment shall be certified to the tribunal before which the officer is required to qualify. (b) A j…

Costs and a reasonable attorney's fee shall be assessed against the contestant or the appellant if the contest or the appeal is maliciously or frivolously prosecuted.

(a) Any court, primary board, legislative body, or tribunal having jurisdiction of an election contest pursuant to this chapter may order a recount of the ballots under any of the following circumstances:(1) A tie vote;(2) An indication of fraud if the number of votes affected wo…

The procedure for deciding the election of governor in case of contest shall be: The two (2) houses of the general assembly shall, on a day of its organizational session designated by joint resolution, meet in joint convention in the hall of the house of representatives to open t…

(a) A majority of the members of each house shall constitute a quorum. The speaker of the senate shall preside. (b) Every member shall have one (1) vote, and the majority of the votes shall prevail on all questions to be determined by the joint convention. (c) The joint session m…

Before the joint session, each house shall appoint two (2) tellers from different political parties. The tellers shall keep, certify, and deliver to the speaker of the senate a list of the votes in the joint convention.

(a) When the joint assembly has convened, the speaker of the senate shall, in the presence of the assembled members, open the returns of the election for governor. They shall be opened by counties in alphabetical order. As the returns of a county are opened, they shall be handed …

(a) After the returns of all the counties have been considered, if there is no objection by any claimant, the aggregate vote shall be announced by the speaker of the senate, and the person having the highest number of votes shall then be declared to be elected by resolution, whic…

(a) If it appears to the convention that to sustain any of the objections would change the result, a committee shall be appointed as the “Committee on the Governor's Election” and the candidate who prevails on the face of the returns shall then be permitted to file objections as …

(a) All persons receiving votes for governor and their attorneys may be present on the floor during the call of counties but only for the purpose of filing objections. (b) When an objection is made, it shall be followed by a petition stating the grounds of objection clearly and c…

(a) The petitioner shall, within two (2) days from the filing of an answer containing counter-objections, file such specific denials thereto as the petitioner may see proper. All charges not denied shall be taken as true. (b) A copy of the petitioner's answer shall be served on e…

(a) The objections, petitions and answers shall be referred to the committee. (b) The committee shall take evidence and consider the objections. (c) The committee and any subcommittee of it may:(1) Send for and examine persons and papers;(2) Issue compulsory process for them runn…

(a) The petition and answer shall be sworn to and stated to be true to the best of the person's knowledge, information and belief. The pleading shall make the issues but shall have no weight as evidence. (b) The chair of the committee and the chairs of subcommittees may administe…

Pending the determination of objections, the two (2) houses may, from time to time, adjourn the joint convention, and resolve themselves into their respective houses, and they may proceed as if no such proceedings were pending. The adjournment may be to a day certain or subject t…

The committee shall proceed with all convenient speed to file its report with the speaker of the senate. The evidence shall accompany the report.

(a) When the report has been made, the speaker of the senate shall cause the members of both houses to be notified, in open session of each house, that the report has been made. The speaker of the senate shall fix the day for the consideration of the report. (b) The members of bo…

Upon the decision, the speaker of the senate shall announce the aggregate vote of the persons voted for as corrected and determined by the joint assembly. The person having the highest number shall be declared to be elected by resolution as under § 2-18-105.

(a) The resolution shall be the evidence that the person named in the resolution has been elected governor and is entitled to be inaugurated. A copy of the resolution certified by the speaker of the senate and the tellers shall be issued to such person. (b) The governor-elect sha…

When the general assembly has determined the contest for governor under this chapter, the determination is final and conclusive.

(a) A claimant, before making objection under § 2-18-104, shall enter into bond and good security to be approved by the speakers of the senate and house of representatives, in the sum of twenty-five thousand dollars ($25,000), payable to the state of Tennessee, conditioned upon t…

(1) A person commits a Class A misdemeanor if such person:(1) Breaks up or attempts to break up any legally authorized political party nominating meeting or any election by force or violence;(2) Assaults or attempts to assault the persons conducting the meeting or the election of…

A person commits a Class C misdemeanor if such person knowingly does any act prohibited by this title, or if such person knowingly fails to do any act which such person is required to do by this title, or if such person knowingly does any act with the intent that another shall do…

A person who knowingly does any act for the purpose of preventing any person's performance of such person's duties under this title or exercise of such person's rights under this title commits a Class A misdemeanor.

(1) A person commits a Class C misdemeanor who, with the purpose of misleading a person in the performance of such person's official duties under this title:(1) Makes any written or oral false statement which such person does not believe to be true;(2) Purposely creates a false i…

A person to whom an oath is legally administered under this title commits perjury if such person knowingly and willfully swears or affirms falsely touching a matter material to the point in question.

A person who procures or induces another to violate either § 2-19-104 or § 2-19-105 commits a Class D felony.

(a) A person commits a Class D felony who:(1) Intentionally and knowing that such person is not entitled to, registers or votes in any manner or attempts to register or vote in any manner where or when such person is not entitled to under this title, including voting more than on…

A person who knowingly possesses any official registration or election supplies, except as required or permitted by this title, commits a Class E felony.

A person who knowingly makes or consents to any false entry on any permanent registration, poll list, election tally sheet or any other official registration or election document commits a Class D felony.

A person commits a Class A misdemeanor if such person assists any person in voting except as permitted by this title, or if such person knowingly casts any vote or consents to the casting of any vote contrary to the desire of the voter while otherwise lawfully assisting the voter…

A person commits a Class A misdemeanor if, except as required or permitted by this title, such person intentionally opens and examines any voter's marked ballot, removes the ballot from the ballot box, prevents the ballot being placed in the ballot box or destroys or changes a vo…

If any person holding an election refuses to deliver to a person elected to any office a fair copy of the list of votes, when demanded according to law, or holds an election in any other manner than as directed by law, or neglects to make or to forward due returns thereof, such p…

Any election official or member of a board or commission holding office under this title who willfully or fraudulently violates any of the provisions of this title made for the protection of elections commits a Class A misdemeanor.

An election official or member of a board or commission holding office under this title commits a Class E felony if such person intentionally fails to do any official act required by law or does any illegal act, in relation to any election by which act or omission the votes taken…

(1) It is a Class A misdemeanor for any person, directly or indirectly, personally or through any other person:(1) By force or threats to prevent or endeavor to prevent any elector from voting at any primary or final election;(2) To make use of any violence, force or restraint, o…

(a) No person shall print or cause to be printed or assist in the distribution or transportation of any facsimile of an official ballot, any unofficial sample ballot, writing, pamphlet, paper, photograph or other printed material which contains the endorsement of a particular can…

It is a Class E felony for any person to procure, aid, assist, counsel or advise another to vote in any convention, primary or final election, knowing such person is disqualified.

(a) A person commits an offense who, before, during, or after an election:(1) Intentionally tampers, interferes, or attempts to interfere with the correct operation of, or damages in order to prevent the use of, a voting machine, electronic poll book, voting device, voting system…

A person commits a Class C misdemeanor if such person violates § 2-7-111 while boundary signs are posted.